EXHIBIT A
4 Salesperson : X ___________________ Accepted By : X ___________________ Contract: Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date: 06-Apr-2026
MS1108 - 80 Bushel 540 rpm PTO Driven Two Speed
Manure Spreader $11,328.00 $9,288.96 1 $9,288.96
Contract: Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date: 06-Apr-2026
LP2196 - 8 Ft. Land Plane $3,317.00 $2,719.94 1 $2,719.94 Contract: Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date: 06-Apr-2026
LS2011 - 110 GAL 3-PT LIQUID SPRAYER $4,246.00 $3,481.72 1 $3,481.72 Contract: Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date: 06-Apr-2026
AV20E Root Grapple - 62 In. for Current 400/500 Series
Carrier $5,250.00 $4,305.00 1 $4,305.00
Contract: Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date: 06-Apr-2026
Equipment Total $104,623.12
Quote Summary
Total Selling Price $104,623.12
Total Taxable Equipment Fees $152.00
Sales Tax - (9.25%) $9,691.70
Sub-total $114,466.82
*Total Non-Taxable Equipment Fees $7.00
Balance Due $114,473.82
Quote 2122588
EXHIBIT A
5 Selling Equipment
Quote # 2122588
Customer CITY OF MARINA
4075R Compact Utility Tractor (60 PTO hp)
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$87,580.16
Selling Price
$71,974.74
Discount Amount
($15,764.42)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
039ALV
4075R Compact
Utility Tractor (60
PTO hp)
1 $72,166.00 18.0% ($12,989.88) $59,176.12
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0202 United States 1 $0.00 18.0% $0.00 $0.00
0409
English Operator's
Manual and Decal
Kit
1 $0.00 18.0% $0.00 $0.00
1520 eHydro™ 1 $0.00 18.0% $0.00 $0.00
2060 Deluxe Cab with Air
Ride Seat 1 $0.00 18.0% $0.00 $0.00
2660 Factory Installed
Stereo 1 $730.00 18.0% ($131.40) $598.60
4060 iMatch™ Quick
Hitch Category 1 1 $386.00 18.0% ($69.48) $316.52
5243 44x18-20 (4PR, R3
Turf, 1 Position) 1 ($610.00) 18.0% $109.80 ($500.20)
6243 27x10.50-15 (4PR,
R3 Turf, 2 Position) 1 $0.00 18.0% $0.00 $0.00
1715 Factory Installed
Loader with Bucket 1 $10,265.00 18.0% ($1,847.70) $8,417.30 Total Base / Options $82,937.00 ($14,928.66) $68,008.34 Quote 2122588
EXHIBIT A
6 Dealer Attachments
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
PM191-
052901
Dual USB Charger
Serial Number: - - -
Stock Number: - - -
1 $21.40 18.0% ($3.85) $17.55
LVB24844
External Mirror Kit
(Cab Only)
Serial Number: - - -
Stock Number: - - -
1 $269.28 18.0% ($48.47) $220.81
BXX11122
Rear Wiper Kit
Serial Number: - - -
Stock Number: - - -
1 $262.04 18.0% ($47.17) $214.87
BLV10791
Fixed Front Fender
Kit
Serial Number: - - -
Stock Number: - - -
1 $694.52 18.0% ($125.01) $569.51
BLV10358
Back-up Alarm Kit
Serial Number: - - -
Stock Number: - - -
1 $191.42 18.0% ($34.46) $156.96
BLV11095
7-Pin Trailer
Connector
Connector (Cab
Only)
Serial Number: - - -
Stock Number: - - -
1 $188.94 18.0% ($34.01) $154.93
BXX11094
Cab Beacon Light
Kit
Serial Number: - - -
Stock Number: - - -
1 $331.08 18.0% ($59.59) $271.49
BLV10359
Horn Kit
Serial Number: - - -
Stock Number: - - -
1 $87.01 18.0% ($15.66) $71.35
BXX11116
EH 3rd SCV Kit 4R
Cab
Serial Number: - - -
Stock Number: - - -
1 $1,247.84 18.0% ($224.61) $1,023.23
BXX11039
DUAL REAR SCV -
4th and 5th
Selective Control
Valve Kit Cab
Serial Number: - - -
Stock Number: - - -
1 $1,349.63 18.0% ($242.93) $1,106.70
Total Dealer Attachments $4,643.16 ($835.76) $3,807.40
Selling Price Subtotal $71,815.74
CA Tire Fee $7.00
Delivery Fee $152.00
Total Selling Price $87,580.16 ($15,764.42) $71,974.74
Quote 2122588
EXHIBIT A
7 AY11E - 72 In. 4-In-1 Bucket for Current 300/400/500 Series Carrier Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$3,755.00
Selling Price
$3,079.10
Discount Amount
($675.90)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
2212XF
AY11E - 72 In. 4-In-
1 Bucket for Current
300/400/500 Series
Carrier
1 $3,755.00 18.0% ($675.90) $3,079.10
Total Base / Options $3,755.00 ($675.90) $3,079.10
Selling Price Subtotal $3,079.10
Total Selling Price $3,755.00 ($675.90) $3,079.10
Quote 2122588
EXHIBIT A
8 AP12F Fixed Pallet Fork for Current 200/300/400/500 Series Carrier Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$1,242.00
Selling Price
$1,018.44
Discount Amount
($223.56)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
2153XF
AP12F Fixed Pallet
Fork for Current 200
/300/400/500 Series
Carrier
1 $1,198.00 18.0% ($215.64) $982.36
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
1010
48 In. Pallet Tine
(QTY of 1 equals a
complete set of
tines. (2)) Ordering
a QTY of 2 would
equal a total of 4
tines.
1 $44.00 18.0% ($7.92) $36.08
Total Base / Options $1,242.00 ($223.56) $1,018.44
Selling Price Subtotal $1,018.44
Total Selling Price $1,242.00 ($223.56) $1,018.44
Quote 2122588
EXHIBIT A
9 PG12 PALLET FORK GRAPPLE
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$1,140.00
Selling Price
$934.80
Discount Amount
($205.20)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
8071XF PG12 PALLET
FORK GRAPPLE 1 $1,082.00 18.0% ($194.76) $887.24
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0202 UNITED STATES 1 $0.00 18.0% $0.00 $0.00
0409 PG12 ENGLISH OM 1 $0.00 18.0% $0.00 $0.00
9845
1/4" Hydraulic
Coupler Kit for CUT
Loader 3rd Function
1 $58.00 18.0% ($10.44) $47.56
Total Base / Options $1,140.00 ($205.20) $934.80
Selling Price Subtotal $934.80
Total Selling Price $1,140.00 ($205.20) $934.80
Quote 2122588
EXHIBIT A
10 AD11E - 72 In. Debris Grapple Bucket for Current 300/400/500 Series Carrier
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$4,963.00
Selling Price
$4,069.66
Discount Amount
($893.34)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
2062XF
AD11E - 72 In.
Debris Grapple
Bucket for Current
300/400/500 Series
Carrier
1 $4,963.00 18.0% ($893.34) $4,069.66
Total Base / Options $4,963.00 ($893.34) $4,069.66
Selling Price Subtotal $4,069.66
Total Selling Price $4,963.00 ($893.34) $4,069.66
Quote 2122588
EXHIBIT A
11 PHD395 - Up to 95HP Category I & II Hitch
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$3,086.00
Selling Price
$2,530.52
Discount Amount
($555.48)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
12E1XF
PHD395 - Up to
95HP Category I &
II Hitch
1 $1,909.00 18.0% ($343.62) $1,565.38
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0202 United States 1 $0.00 18.0% $0.00 $0.00
0409 English 1 $0.00 18.0% $0.00 $0.00
3708 24" X 48" Auger 1 $1,177.00 18.0% ($211.86) $965.14 Total Base / Options $3,086.00 ($555.48) $2,530.52
Selling Price Subtotal $2,530.52
Total Selling Price $3,086.00 ($555.48) $2,530.52
Quote 2122588
EXHIBIT A
12 BB5072 Standard Duty Box Blade
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$1,682.00
Selling Price
$1,379.24
Discount Amount
($302.76)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
1642XF BB5072 Standard
Duty Box Blade 1 $1,682.00 18.0% ($302.76) $1,379.24
Total Base / Options $1,682.00 ($302.76) $1,379.24
Selling Price Subtotal $1,379.24
Total Selling Price $1,682.00 ($302.76) $1,379.24
Quote 2122588
EXHIBIT A
13 MS1108 - 80 Bushel 540 rpm PTO Driven Two Speed Manure Spreader Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$11,328.00
Selling Price
$9,288.96
Discount Amount
($2,039.04)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0804XF
MS1108 - 80
Bushel 540 rpm
PTO Driven Two
Speed Manure
Spreader
1 $11,328.00 18.0% ($2,039.04) $9,288.96
Total Base / Options $11,328.00 ($2,039.04) $9,288.96
Selling Price Subtotal $9,288.96
Total Selling Price $11,328.00 ($2,039.04) $9,288.96
Quote 2122588
EXHIBIT A
14 LP2196 - 8 Ft. Land Plane
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$3,317.00
Selling Price
$2,719.94
Discount Amount
($597.06)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
3941XF LP2196 - 8 Ft. Land
Plane 1 $3,317.00 18.0% ($597.06) $2,719.94
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0202 United States 1 $0.00 18.0% $0.00 $0.00
0409 English 1 $0.00 18.0% $0.00 $0.00
Total Base / Options $3,317.00 ($597.06) $2,719.94
Selling Price Subtotal $2,719.94
Total Selling Price $3,317.00 ($597.06) $2,719.94
Quote 2122588
EXHIBIT A
15 LS2011 - 110 GAL 3-PT LIQUID SPRAYER
Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$4,246.00
Selling Price
$3,481.72
Discount Amount
($764.28)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
7431XF
LS2011 - 110 GAL
3-PT LIQUID
SPRAYER
1 $3,600.00 18.0% ($648.00) $2,952.00
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
0202 UNITED STATES 1 $0.00 18.0% $0.00 $0.00
0409 LS20 ENGLISH OM 1 $0.00 18.0% $0.00 $0.00
5052 18 FT. FOLDING
BOOM 1 $0.00 18.0% $0.00 $0.00
4030 CAST 6500C PTO
ROLLER PUMP 1 $0.00 18.0% $0.00 $0.00
9705 ROAD LIGHTING
KIT 1 $646.00 18.0% ($116.28) $529.72
Total Base / Options $4,246.00 ($764.28) $3,481.72
Selling Price Subtotal $3,481.72
Total Selling Price $4,246.00 ($764.28) $3,481.72
Quote 2122588
EXHIBIT A
16 AV20E Root Grapple - 62 In. for Current 400/500 Series Carrier Equipment Notes
Hours - - -
Serial Number - - -
Stock Number - - -
Contract Sourcewell Grounds Maint 112624-DAC (PG BT CG 76) Price Effective Date 06-Apr-2026
PUK Parent Serial #
QTY In Group : 1
Suggested List
$5,250.00
Selling Price
$4,305.00
Discount Amount
($945.00)
Equipment Summary
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
2272XF
AV20E Root
Grapple - 62 In. for
Current 400/500
Series Carrier
1 $5,020.00 18.0% ($903.60) $4,116.40
Base / Options
Code Description Qty List Price Discount % Discount $ Adjusted Selling Price
9000
AV20 Series
Parking Stand Kit -
Bolt On
1 $230.00 18.0% ($41.40) $188.60
Total Base / Options $5,250.00 ($945.00) $4,305.00
Selling Price Subtotal $4,305.00
Total Selling Price $5,250.00 ($945.00) $4,305.00
Quote 2122588
EXHIBIT A
17 July 29, 2026 Item No. 10g(6)
Honorable Mayor and Members City Council Meeting
of the City Council of August 5, 2026
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2026 -, RESCINDING RESOLUTION NO. 2026 -97; AND NULLIFYING THE SECOND
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MARINA
AND TRIPEPI SMITH AND ASSOCIATES, INC. FOR GENERAL
COMMUNICATIONS SERVICES; CLARIFYING THAT THE TOTAL NOT -TO- EXCEED CONTRACT AMOUNT IS $385,000; AND AUTHORIZING A
CORRECTED SECOND AMENDMENT TO BE EXECUTED BY THE CITY
MANAGER SUBJECT TO THE REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026-,:
1. Rescinding Resolution No. 2026 -97 (adopted July 7, 2026) and nullifying the Second Amendment to the Agreement for General Communications Services between the City of Marina and Tripepi Smith and Associates, Inc., which Second Amendment was adopted in error;
2. Confirm that the Agreement is for General Communications Services and that the total not- to-exceed contract amount is $385,000, consisting of the original $175,000, the $120,000 and $40,000 authorized under the First Amendment to the Agreement, and the additional $50,000 previously authorized by Council;
3. Authorize the City Manager to execute a corrected Second Amendment consistent with the foregoing, subject to final review and approval as to form by the City Attorney; and BACKGROUND:
On June 5, 2025, pursuant to Resolution No. 2025 -59, the City of Marina entered into the Agreement for General Communications Services (the “Agreement”) with Tripepi Smith and Associates, Inc. to provide on -call communications support for strategic marketing, public outreach and engagement, and any additional general communications support services identified by the City, on a time -and-materials basis in an amount not to exceed $175,000. The term of the Agreement ends June 5, 2027. (EXHIBIT A)
On October 7, 2025, pursuant to Resolution No. 2025 -113, the City Council approved a First Amendment to the Agreement authorizing an additional $120,000 for community engagement, education, and outreach for constructing City facilities and potential funding strategies, as well as an additional $40,000 to fund an opinion survey to assess citizen support and the viability of new revenue sources for a potential November 2026 ballot measure. The First Amendment increased the total not-to-exceed amount of the Agreement to $335,000. (EXHIBIT B) On July 7, 2026, pursuant to Resolution No. 2026 -97, the City Council authorized a Second Amendment to the Agreement adding $50,000 to sustain communications services through the remainder of the contract term. As drafted and executed, the Second Amendment contained the errors described below.
1 ANALYSIS:
The Second Amendment requires correction for two reasons.
First, the Second Amendment was unclear as to the nature of the services it funded. The Agreement is, and has been since its inception, an Agreement for General Communications Services. The Second Amendment, however, characterized the additional $50,000 as revenue measure support, i.e., as being for a specific purpose rather than for general communications services. The additional $50,000 is for general communications services, consistent with the underlying Agreement.
Second, the Second Amendment did not address or take into account the full contract amount. It amended Article 3 “Compensation” to state a total not-to-exceed amount of $210,000. That figure omitted the original $175,000 authorized under Resolution No. 202 5-59. Taking into account the original $175,000, the $120,000 and $40,000 authorized under the First Amendment (Resolution No. 2025 -113), and the additional $50,000, the correct total not -to-exceed contract amount is $385,000.
To correct the record, staff recommends that the City Council rescind Resolution No. 2026 -97, nullify the erroneous Second Amendment, confirm that the Agreement is for General Communications Services, confirm that the total not -to-exceed contract amount is $385,000, and authorize a corrected Second Amendment reflecting these terms (EXHIBIT C). The amount of additional funding ($50,000) is unchanged; only the characterization of the services and the statement of the total contract amount are being corrected.
Consistent with the Agreement’s scope, general communications services under the Agreement may include, without limitation, provide on -call communications support , strategic marketing, public outreach and engagement services.
FISCAL IMPACT:
This action does not increase the amount of funding previously authorized by the City Council.
The additional $50,000 previously approved is proposed to come from unallocated fund balance.
Upon adoption, the total not-to-exceed amount of the Agreement is confirmed at $385,000 for the full term of the Agreement.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
_____________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR:
_______________________________
Courtney Lindberg
Acting City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA RESCINDING RESOLUTION NO. 2026 -97 AND NULLIFYING THE SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF MARINA AND TRIPEPI SMITH AND ASSOCIATES, INC. FOR GENERAL COMMUNICATIONS SERVICES; CLARIFYING
THAT THE AGREEMENT IS FOR GENERAL COMMUNICATIONS SERVICES AND THAT THE TOTAL NOT -TO-EXCEED CO NTRACT AMOUNT IS $385,000; AUTHORIZING A CORRECTED SECOND AMENDMENT ; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CORRECTED SECOND AMENDMENT SUBJECT TO THE REVIEW AND
APPROVAL OF THE CITY ATTORNEY
WHEREAS, on June 5, 2025, pursuant to Resolution No. 2025-59, the City of Marina entered into the Agreement for General Communications Services (the “Agreement”) with Tripepi Smith and Associates, Inc. to provide on -call communications support for strategi c marketing, public outreach and engagement, and any additional general communications support services identified by the City, on a time-and-materials basis in an amount not to exceed $175,000, with a term ending June 5, 2027; and
WHEREAS, on October 7, 2025, pursuant to Resolution No. 2025-113, the City Council approved a First Amendment to the Agreement authorizing an additional $120,000 for community engagement, education, and outreach for constructing City facilities and potenti al funding strategies, and an additional $40,000 to fund an opinion survey to assess citizen support and the viability of new revenue sources for a potential November 2026 ballot measure, thereby increasing the total not-to-exceed amount of the Agreement to $335,000; and WHEREAS, on July 7, 2026, pursuant to Resolution No. 2026 -97, the City Council authorized a Second Amendment to the Agreement adding $50,000 to sustain communications services through the remainder of the contract term; and
WHEREAS, the Second Amendment was adopted in error in that it was unclear that the additional $50,000, and the Agreement as a whole, is for general communications services, the Second Amendment having instead characterized the additional funding and the Agreement as being for a specific purpose rather than for general communications services; and WHEREAS, the Second Amendment was further in error in that it did not address or take into account the full contract amount and stated a total not-to-exceed amount of $210,000, which figure omitted the original $175,000 authorized under Resolution No. 2025-59; and WHEREAS, taking into account the original $175,000, the $120,000 and $40,000 authorized under the First Amendment, and the additional $50,000, the correct total not-to-exceed contract amount is $385,000 for general communications services; and
WHEREAS, general communications services under the Agreement may include, without limitation, on-call general communications, creative services, and public outreach; and WHEREAS, the City Council desires to correct the record by rescinding Resolution No. 2026-97, nullifying the erroneous Second Amendment, confirming the nature and total amount of the Agreement, and authorizing a corrected Second Amendment.
3 Resolution No. 2026-
Page Two
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Rescind Resolution No. 2026-97, adopted July 7, 2026, in its entirety.
2. Declare the Second Amendment to the Agreement, as previously drafted and executed, to be null and void and of no further force or effect.
3. Confirm that the Agreement between the City of Marina and Tripepi Smith is for the total not-to-exceed contract amount is Three Hundred Eighty -Five Thousand Dollars ($385,000.00), consisting of the original $175,000, the $120,000 and $40,000 authorized under Resolution No. 2025-113, and the additional $50,000, and not $210,000 as stated in the now nullified Second Amendment.
4. Confirm that general communications services under the Agreement may include, without limitation, on-call general communications, creative services, and public outreach.
5. Authorize the City Manager to execute a corrected Second Amendment to the Agreement consistent with this Resolution, subject to final review and approval as to form by the City Attorney.
6. Authorize the Finance Director to make appropriate budget adjustments.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 5th day of July 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
4 RESOLUTION NO. 2025-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA CITY APPROVING
AN AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES TO PROVE ON-CALL
COMMUNICATIONS, PUBLIC OUTREACH AND PUBLIC ENGAGEMENT SUPPORT
SERVICES
WHEREAS, the City has a current need for professional assistance with public outreach and engagement, strategic marketing, surveys, social media and web content creation, and general communications support; and
WHEREAS, Tripepi Smith and Associates have the qualifications, experience, and personnel necessary to provide the services needed by the City.
NOW THEREFORE BE IS RESOLVED that the City Council of the City of Marina does hereby:
1. Approve an agreement with Tripepi Smith and Associates to provide on-call communication, public outreach, and public engagement support services in an amount not to exceed $175,000
2. Authorizing the City Manager to execute an agreement subject to final review and approval by the City Attorney; and
3. Authorizing the Finance Director to make necessary accounting and budgetary entries.
4. Find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, by the following vote:
AYES, COUNCIL MEMBERS: McAdams, McCarthy, Biala, Visscher, Delgado NOES, COUNCIL MEMBERS: None
ABSENT, COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS: None
Liesbeth Visscher, Mayor Pro Tem
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
EXHIBIT A
5 30919\002\1787367.2: 19241
CITY OF MARINA
AGREEMENT FOR GENERAL COMMUNICATIONS SERVICES
THIS AGREEMENT is made and entered into on _______ 2025 by and between the "City," Tripepi Smith and Associates, Inc., California Corporation hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.
Recitals
A. City desires to retain Contractor to:
Provide on-call communications support for strategic marketing, public outreach and engagement and any additional general communications support services identified by the City hereinafter referred to as the "Project." B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.
C. City desires to retain Contractor to provide such services.
Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:
1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred. (c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.
EXHIBIT A
6 30919\002\1787367.2: 19242
(d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.
(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.
2. Term of Agreement & Commencement of Work.
(a) Unless otherwise provided, the term of this Agreement shall begin on ______, 2025 and shall expire on ________, 2027, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval; and (ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form; and
(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto; and. (iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk. (b) Contractor shall commence work on the Project on or by _______ 2025.
This Agreement may be extended upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.
3. Compensation.
(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in an amount not to exceed One Hundred Seventy-five Thousand Dollars ($175,000.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit A and incorporated herein by this reference.
EXHIBIT A
7 30919\002\1787367.2: 19243
(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department. (c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.
(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A. (e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and reimbursed to Contractor.
(f) There shall be no charge for transportation within Monterey, Santa Cruz and San Benito Counties required for the performance of the services under this Agreement; travel to other locations must be approved in writing and in advance by the City, mileage will be charged at the then current standard rate for business travel as set by the U.S.
Internal Revenue Service for such approved travel.
4. Termination or Suspension.
(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.
(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
EXHIBIT A
8 30919\002\1787367.2: 19244
(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.
(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.
5. Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator Layne Long who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.
(b) Contractor designates Ryder Todd Smith as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.
(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.
Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City.
Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.
6. Delegation of Work.
(a) If Contractor utilizes any subcontractors, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment.
Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for payment for, administration, completion, presentation, and quality of all work performed. If such persons are utilized, they shall be charged at cost.
City reserves its right to employ other contractors in connection with this Project.
(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts,
EXHIBIT A
9 30919\002\1787367.2: 19245
errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.
7. Skill of Employees. Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.
8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.
9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software.
Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.
10. Conflict of Interest.
EXHIBIT A
10 30919\002\1787367.2: 19246
(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.
(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects.
Any future position of the City on such projects may result in a conflict of interest for purposes of this section.
11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.
12. Non-Discrimination.
(a) During the performance of this Agreement the Contractor and its subcontractors shall comply with the applicable laws of the United States of America, the State of California and the City prohibiting discrimination and harassment. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of gender, gender expression, gender identity, genetic characteristics, sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), mental disability, age, marital status, denial of family and medical care leave and denial of pregnancy disability leave, sexual orientation, military/veteran status and any other characteristics protected by state or federal law. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the provisions of this Section 12(a) in all subcontracts related to this Agreement.
13. Indemnification.
(a) Other than in the performance of design professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hold harmless the City, its Council, boards, commissions, employees, officials and agents (collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness
EXHIBIT A
11 30919\002\1787367.2: 19247
fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The duty to defend is a separate and distinct obliga tion from the Contractor’s duty to indemnify and Contractor shall be obligated to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final judgment including exhaustion of any appeals.
The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negl igence or sole willful misconduct of an indemnified party. If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduce d in proportion to the established comparative liability of the indemnified party.
(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence , recklessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Party, however, Design Professional’s obligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful miscond uct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party the Design Professional’s indemnification obligation shall be reduced in direct proportion to the indemnified party’s proportionate percentage of fault. Within 30 days following Design Professional’s receipt of a properly presented written invoice Design Profession al shall satisfy its indemnification obligations and reimburse the Indemnified P arty for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein. In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.
(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act.
Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party unrelated to design professional services does not relieve Contractor from its separate and distinct obliga tion to defend City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this secti on. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
EXHIBIT A
12 30919\002\1787367.2: 19248
(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to provide an immediate defense to any Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend the Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to inde mnification in order to be so defended. Contractor may submit a claim to the City for reasonable defense costs (including attorney’s and expert fees) incurred in providing a defense of any Indemnified Party to the extent such defense costs arise under principals of comparative fault from the Indemnified Party’s active negligence, recklessness or willful misconduct.
(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.
14. Insurance.
(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “B” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, executed by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall:
(1) be endorsed to protect City as an additional insured for commercial general and business auto liability; (2) provide City prior notice of cancellation; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.
(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.
(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.
EXHIBIT A
13 30919\002\1787367.2: 19249
(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.
15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.
This Agreement shall not constitute, and it is not intended to constitute, either party as an employer, employee, agent, partner or legal representative of the other party for any purpose, or give either party any right to supervise or direct the functions of the other party. Except as specifically provided herein, neither party shall have authority to act for or obligate the other party in any way or to extend any representation on behalf of the other party. Each party agrees to perform under this Agreement solely as an independent contractor and neither party shall have any right, power, or authority, nor shall they represent themselves as having any authority to assume, create, or incur any expense, liability or obligation, express or implied, on behalf of the other party for any purpose. Each party agrees not to permit its employees or agents to do anything that might be construed or interpreted as acts of the other party.
16. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties. The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not
EXHIBIT A
14 30919\002\1787367.2: 192410
resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.
20. Compliance with Laws.
(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor must be in good standing and registered with the California Department of Industrial Relations in accordance with California labor Code section 1725.5 and shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.
(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work. (c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance (Title 5 of the Marina Municipal Code) for which a business license tax is prescribed and assessed at the rate of two-tenths percent of gross receipts, in accordance with the provisions therein. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.
21. Assignment or Transfer. This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:
To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148
To Contractor: Tripepi Smitj amd Associates, Inc.
Ryder Todd Smith, Co-founder & Presidnet
PO Box 52152
EXHIBIT A
15 30919\002\1787367.2: 192411
Irvine, CA 92619
The parties may agree in writing to receive notice by email. Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.
23. Amendments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.
24. Force Majeure. Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control except that an economic downturn of any type shall not be a justifiable cause for the failure to meet their respective obligations under this Agreement. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
25. Attorney's Fees. In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
26. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment
27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.
28. Waiver. A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
29. Severability. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.
30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. The captions of the various sections are for
EXHIBIT A
16 30919\002\1787367.2: 192412
convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.
31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.
32. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
33. Time. Time is of the essence in this contract.
34. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.
IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.
CITY OF MARINA CONTRACTOR
By: By:
Name: Name: ___ ____________ Its: Its: ___________________ Date: _______________________ Date: ___________________
Attest: (Pursuant to Reso: 20 - _____)
By:
City Clerk
Approved as to form:
By:
City Attorney
EXHIBIT A
17 30919\002\1787367.2:1924
INSERT EXHIBIT A
Section 1 (a)
- SCOPE OF WORK -
[Include Work Schedule if required.]
Tripepi Smith operates at the intersection of marketing, technology and public affairs.
We excel in each of these areas, but the true power lies in our ability to seamlessly integrate them. This holistic approach allows us to craft impactful solutions for our clients. Tripepi Smith will be available to the City for the following services, as needed.
Strategy, Marketing,
Communications Creative Services
Strategic development, research,
surveys, messaging
Social media management
Web and social media strategy,
optimization (SEO), metrics
Web hosting and support
Email campaigns
Relations
(media, stakeholders, public, government)
Support and training for events,
presentations and virtual
gatherings
Digital, print, radio,
out-of-home advertising
Staff training
(media, social media, photo, brand
implementation)
Full-service graphic design
for digital, print and outdoor
Brand and logo development
Content creation
(writing, editorial, thought leadership)
Output services
(digital distribution, print management, mail
management)
Illustration and information
graphics
Photography
Videography, broadcasting,
podcasting, drone
Event production, technical
support
Animation and motion graphics
Web design and implementation
EXHIBIT A
18 30919\002\1787367.2:1924
As-Needed Services
Tripepi Smith will apply the following standard hourly rates and related fees for any authorized as-needed (Time & Materials) work. Such work must be clearly authorized in writing before proceeding.
2025-26 Hourly Rates Standard Reduced Retainer
Principal $380 $315
Director $265 $225
Art/Creative Director $265 $225
Senior Business Analyst $205 $180
Business Analyst $150 $125
Junior Business Analyst $115 $100
Senior Videographer/Animator $205 $175
Senior Photographer $175 $150
Videographer/Photographer $140 $120
Junior Videographer/Photographer $115 $100
Senior Graphic Designer $195 $165
Graphic Designer $140 $120
Junior Graphic Designer $115 $100
Web Developer $210 $185
Junior Web Developer $115 $100
Drone Operator $205 $180
Council Chamber A/V Operator $115 $100
Invoicing & Payment Terms
At Tripepi Smith, we bill on either a Retainer, Fixed Fee or Time & Materials basis, with each billing type following its own payment schedule. Regardless, terms are Net 30 days.
• Fixed Fee work is billed upon defined milestones.
• Time & Materials work is billed in 15-minute increments (i.e. 4.0, 1.25, 6.5 or
0.75 hours) at the end of the month in which work is done. • Retainer work is billed on the 15th of each month.
EXHIBIT A
19 30919\002\1787367.2:1924
Other Cost Information
Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by 5% or the national CPI index–whichever is higher–each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract.
Retainer Discount
When a client’s retainer exceeds $7,500 per month, they gain access to our reduced retainer rates.
Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the client for any requested travel to complete a requested scope of work. Travel costs may include airfare, lodging, car rentals and gas. Additionally, when client work requires that we be onsite, we will invoice for a resource’s travel time at 50% of the resource’s hourly rate.
Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:
Half Day (Under 4 Hours) Full Day (4+ Hours)
Video $450 $650
Drone $550 – Flat Fee
Please note that A/V equipment fees are based on the amount and type of equipment required, with pricing tailored to the specifics of each event.
Music and Video Licensing
Sometimes, the client will want Tripepi Smith to apply music or use stock imagery/video while producing video. In these cases, we will need to apply licensing fees of approximately $100 per song and $200 if we use stock video imagery. This will provide a license for the use of the music and video footage to Tripepi Smith and its clients.
EXHIBIT A
20 30919\002\1787367.2:1924
Service Fees
Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal.
If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions.
Exclusive Access
Tripepi Smith has access to entities that may be relevant to our engagement. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing.
Local Information Network of Knowledge (LINK): www.LocalInfoNetwork.com – A community forum for local government professionals in California to discover and share resources, policies, sample work products, best practices and more.
PublicCEO: www.PublicCEO.com – Digital news about public affairs, reaching over 17,500 California government executives through a daily podcast, job board, video podcast and more.
FlashVote: www.FlashVote.com – Statistically valid surveying that helps leaders make decisions.
• Disclaimer: Tripepi Smith President Ryder Todd Smith is an investor in FlashVote.
Meltwater: www.TripepiSmith.com/Media -Intelligence – An enterprise-class, comprehensive media monitoring solution that is best combined with Tripepi Smith’s analytics team.
EXHIBIT A
21 30919\002\1787367.2:1924
EXHIBIT B - INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
EXHIBIT A
22 30919\002\1787367.2:1924
Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City.
Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the City. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
EXHIBIT A
23 30919\002\1787367.2:1924
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT A
24 May 30, 2025 Item No. 10g(3)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 5-,
RETAINING TRIPEPI SMITH AND ASSOCIATES TO PROVIDE ON -
CALL COMMUNICATIONS , PUBLIC OUTREACH AND PUBLIC
ENGAGEMENT SUPPORT SERVICES
RECOMMENDATION: It is recommended that the City Council consider:
1. Adopt Resolution No. 2025-, approving an agreement with Tripepi Smith and Associates to provide on-call communication support , public outreach, and public engagement support services in an amount not to exceed $175,000
2. Authorizing the City Manager to execute an agreement subject to final review and approval by the City Attorney; and
3. Authorizing the Finance Director to make necessary accounting and budgetary entries.
4. Find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ANALYSIS
The City has a current need for professional assistance with public outreach and engagement, strategic marketing, surveys, social media and web content creation, and general communications support. Recently, Tripepi Smith provided services to the City in putting together a Community Engagement Plan that was submitted to the California Coastal Commission.
The services provided by Tripepi Smith will assist in meeting the needs of the community regarding public outreach and engagement with the many ongoing projects in Marina and will assist in meeting the goals and priorities of the City Council to increase communication outreach to the community.
The scope of services include:
• Strategic development, research, surveys, messaging
• Social media management
• Web and social media optimization
• Web hosting and support
• Support for events, presentations, and virtual gatherings • Communications with media, stakeholders, and public
• Digital, print, radio, out-of-home advertising
• Creative services for content creation, event production, graphic design, etc.
Tripepi Smith has serviced over two hundred public, private, and nonprofit organizations in California since 2002 when the firm was established and has a proven track record in the City of Marina.
City staff is recommending approval of an ongoing contract in an amount not to exceed $175,000 with Tripepi Smith and Associates.
EXHIBIT A
25 ENVIROMENTAL REVIEW
Approval of a contract is not a project subject to the California Environmental Quality Act pursuant to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines.
FISCAL IMPACT
There is sufficient funding in the budget for fiscal year 2024/25 for the month of June professional services. The funding for this contract will be incorporated into the proposed budget for fiscal year 2025/26 and 2026/27.
Respectfully submitted
_______________________________
Guido F. Persicone, AICP
Community Development Director
City of Marina
REVIEWED BY:
_______________________________
Layne Long
City Manager
City of Marina
EXHIBIT A
26 RESOLUTION NO. 2025-113
A RESOLUTION OF THE CITY COUNCIL OF MARINA AUTHORIZING
ADDITIONAL FUNDING FOR THE EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES FOR
COMMUNITY ENGAGEMENT, EDUCATION AND OUTREACH FOR
CONSTRUCTING CITY FACILITIES AND POTENTIAL FUNDING
STRATEGIES
WHEREAS, the City of Marina is considering constructing new city facilities and is discussing potential funding strategies and new revenues sources to construct new city facilities; and WHEREAS, Tripepi Smith & Associates has demonstrated expertise in providing public education and outreach services to municipalities on complex fiscal and policy matters, including local revenue measures; and
WHEREAS, effective outreach and education are critical to building public understanding, promoting transparency, and maintaining trust between the City and the community; and WHEREAS, Tripepi Smith has proposed a scope of services designed to assist the City in developing and implementing a comprehensive public education program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Authorize an additional $1 20,000 for the existing professional services agreement with Tripepi Smith and Associates for community education and outreach for constructing new city facilities and developing funding strategies.
2. Authorize $40,000 to fund an Opinion Survey to assess citizen support and viability of new revenue sources for a potential November 2026 ballot measure.
3. Authorize the Finance Director to make necessary accounting and budgetary entries.
4. Direct staff to provide bi-monthly update on expenditures and to also include a work plan with timelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of October 2025 by the following vote:
AYES: COUNCIL MEMBERS: McAdams, McCarthy, Biala, Visscher, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
_________________________
Bruce C. Delgado, Mayor
ATTEST:
_______________________________
Anita Sharp, Deputy City Clerk
EXHIBIT B
27 October 3, 2025 Item No. 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 7, 2025
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2025 -,
AUTHORIZING A DDITIONAL FUNDING FOR THE EXISTING
PROFESSIONAL SERVICES AGREEMENT WITH TRIPEPI SMITH
AND ASSOCIATES FOR COMMUNITY ENGAGEMENT, EDUCATION
AND OUTREACH FOR CONSTRUCTING CITY FACILITIES AND
POTENTIAL FUNDING STRATEGIES
REQUEST:
It is requested that the City Council:
1. Authorize an additional $1 00,000 for the existing professional services agreement with Tripepi Smith and Associates for additional community engagement, education, and outreach for constructing new city facilities and potential funding strategies.
2. Authorize $40,000 to fund a n Opinion Survey to assess citizen support for constructing new city facilities and viability of new revenue sources for a potential November 2026 ballot measure.
5. Authorize the Finance Director to make necessary accounting and budgetary entries.
BACKGROUND:
The City has a current agreement with Tripepi Smith for professional assistance with public outreach and engagement, strategic marketing, surveys, social media and web content creation, and general communications and public relations support for the City. The contract with Tripepi Smith is on a time-and-materials basis that provides maximum flexibility while providing resources necessary to meet the city’s needs.
On September 23, 2025, the City Council held a special Study Session regarding potential funding alternatives and strategies for constructing critical city facilities.
Following this discussion, the Council directed staff to establish a Citizen’s Advisory Committee within the coming months to work with Tripepi Smith, staff, and other consultants as appropriate; initiate community outreach efforts, including tours, public meetings, and engagement opportunities to involve residents early in the process; conduct further research into funding mechanisms such as bonds and utility users tax options, potential exemptions, and case studies from other cities; and provide Council with preliminary analysis of voter demographics, past election results, and a summary of the City’s available facility sites.
To accomplish this, staff requested that Tripepi Smith provide an estimate of the additional cost to their current contract to provide this support.
ANALYSIS:
Tripepi Smith’s estimat es this additional outreach and community engagement including facilitating the Citizen’s Advisory Committee and other community meetings will be in the range of $100,000 to $120,000 over the next 14-month period. This also includes:
EXHIBIT B
28 • Production content for news articles, press releases, social media posts, webpage information, and other community messaging.
• Informational mailers
• Animated video production
• Public outreach meetings (both in-person and virtual)
The scope is structured on a time-and-materials basis, allowing the City flexibility to scale services up or down depending on Council priorities, community needs, and available budget. The pricing structure reflects industry standards for public education and ballot measure outreach efforts of this scale, particularly given the amount of in-person and virtual public meetings.
Additionally, there is a need to conduct another Public Opinion Survey to assess citizen support for constructing new city facilities and viability of new revenue sources for a potential November 2026 ballot measure. Staff requests that an additional $40,000 be approved for funding this survey.
This contract will be brought back to the council later.
FISCAL IMPACT:
$140,000 will need to be approved from unallocated General Fund balance.
Respectfully submitted,
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR
Layne Long
City Manager
City of Marina
EXHIBIT B
29 EXHIBIT C
AMENDMENT TO AGREEMENT WITH CITY OF MARINA
AND TRIPEPI SMITH AND ASSOCIATES
THIS AMENDMENT (“Second Amendment”) to the Agreement for General Communications Services is made this ____ day of ________________ 2026, by and between the City of Marina, a California charter city (“CITY”) and Tripepi Smith and Associates, Inc. (“CONTRACTOR”).
CITY and CONTRACTOR are sometimes referred to herein collectively as the “Parties.” Recitals
A. On June 5, 2025, CITY and CONTRACTOR entered into the Agreement for General Communications Services (the “Agreement”) to provide on-call communications support for strategic marketing, public outreach and engagement and any additional general communications support services identified by the City. The term of the Agreement ends on June 5, 2027, and compensation to the CONTRACTOR under the Agreement was provided on a time and materials basis not to exceed $175,000.
B. On October 7, 2025, pursuant to Resolution No. 2025-113, CITY and CONTRACTOR amended the Agreement through a First Amendment to provide additional funding for community engagement, education and outreach for constructing City facilities and potential funding strategies, in which CITY was authorized $120,000 in additional funds for this purpose, as well as $40,000 to fund an Opinion Survey to assess citizen support and viability of new revenue sources for a potential November 2026 ballot measure. The First Amendment increased the total not-to-exceed amount of the Agreement to $335,000.
C. On July 7, 2026, the City Council authorized an additional $50,000 for services under the Agreement to ensure adequate funding through the remainder of the contract term. The Second Amendment previously prepared to effect that authorization was adopted in error in that it was unclear that the additional funding, and the Agreement as a whole, is for general communications services, and in that it stated a total not-to-exceed amount of $210,000, which omitted the original $175,000 authorized under Resolution No. 2025-59.
By Resolution No. 2026-___, the City Council rescinded the prior authorizing resolution, nullified the prior Second Amendment, and authorized this corrected Second Amendment.
D. The Agreement is for general communications services.
E. Only the numbered Article of the Agreement which is being amended is set forth in this Second Amendment.
Terms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:
30 EXHIBIT C
1. Article 3 “Compensation” Section (a) is amended to read in its entirety:
a. “City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement, City shall compensate Contractor on a time and materials basis in an amount not to exceed Three Hundred Eighty-Five Thousand Dollars ($385,000.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as “Exhibit A” and incorporated herein by this reference.”
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment may be executed in two (2) counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. Counterpart may be delivered by facsimile, electronic mail (including pdf. or any electronic signature complying with the U.S. ESIGN Act of 2000, California’s Uniform Electronic Transactions Act (Cal. Civil Code 1633.1 et seq.) or other applicable law) or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and be valid and effective for all purposes. This Amendment consists of two (2) pages.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement for CONTRACTOR to provide general communications services for the CITY.
CITY OF MARINA
By: _______________________
Courtney Lindberg
Interim City Manager
Date: ______________, 2026
TRIPEPI SMITH AND ASSOCIATES, INC.
By: _______________________
Name: Ryder Todd Smith
Its: President
Date: ______________, 2026
(Attestation & Approval follow)
Council Authorization (date): ____________________
Resolution No. 2026-___
ATTEST:
By: _______________________
Anita Sharp, Deputy City Clerk
APPROVED AS TO FORM:
By: _______________________
City Attorney
31 July 29, 2026 Item No. 10g(7)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 5, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026-,
APPROVING THE PURCHASE OF SIX (6) POLICE DEPARTMENT
REPLACEMENT VEHICLES , AUTHORIZING THE CITY MANAGER
OR THEIR DESIGNEE TO EXECUTE PURCHASE AGREEMENTS ON
BEHALF OF THE CITY 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 that the City Council:
1. Consider adopting Resolution No. 2026- approving the purchase of six (6) Police Department replacement vehicles in the amount of $398,957.51;
2. Authorize the City Manager or their designee to execute purchase agreements on behalf of the City subject to final review and approval by the City Attorney, and;
3. Authorize the Finance Director to make necessary accounting and budgetary entries.
BACKGROUND:
The Marina Police Department's fleet includes six (6) vehicles that have reached the end of their useful service lives and are scheduled for replacement. Replacing these vehicles will reduce maintenance costs, improve fleet reliability, and provide the Pol ice Department with dependable vehicles to support daily operations.
The proposed purchase aligns with the approved Fiscal Year 2026/2027 Vehicle Replacement Budget, which will facilitate a more consistent and effective Police fleet.
The Public Works Department evaluated the Police Department's fleet replacement needs and determined that replacing these vehicles is the most cost -effective and operationally appropriate option. A variety of factors were considered, including safety, perf ormance, maintenance costs, and operational efficiency.
ANALYSIS:
The applicable cooperative purchasing contracts and CHP Contract No. 1 -22-23-30 provide a competitive procurement method consistent with the City's purchasing policies. These agreements allow the City to obtain competitively priced vehicles while ensuring compliance with applicable procurement requirements.
Funding for this purchase is included in the Fiscal Year 2026/2027 Vehicle Replacement Budget allocation of $398,957.51, which includes vehicle purchases, required upfitting, radios, and decals.
FISCAL IMPACT:
The total cost of $398,957.51 for the six (6) replacement vehicles is included in the approved Fiscal Year 2026/2027 Vehicle Replacement Budget. The budget allocation includes costs associated with vehicle purchases, required upfitting, radios, and decals. The purchase will provide the Police Department with reliable replacement vehicles while maintaining the City's approved vehicle replacement schedule.
1 EXHIBITS:
Exhibit A – Contract pricing sheets and supporting procurement documentation for six (6) Police Department replacement vehicles, including two (2) Chevrolet Tahoes, two (2) Chevrolet Equinoxes, one (1) Ford Ranger Crew Cab, and one (1) BMW RT-P Motorcycle.
Respectfully submitted,
_____________________________
Ismael Hernandez
Public Works Director
City of Marina
REVIEWED/CONCUR:
Courtney Lindberg
Interim City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING THE PURCHASE OF SIX (6) POLICE DEPARTMENT
REPLACEMENT VEHICLES , AUTHORIZING THE CITY MANAGER OR
THEIR DESIGNEE TO EXECUTE PURCHASE AGREEMENTS ON BEHALF
OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE
CITY ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO
MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.
WHEREAS, the City of Marina recognizes the need to replace six Police Department vehicles that have reached the end of their useful service lives; and WHEREAS, the proposed replacement vehicles meet the operational needs of the Police Department by providing improved performance, reliability, and operational efficiency; and WHEREAS, the purchase of these vehicles will enable the City to maintain Police fleet reliability and support public safety operations and municipal services throughout the City; and WHEREAS, the procurement of the six replacement vehicles is in compliance with the City's purchasing policies through applicable State cooperative purchasing contracts for the Chevrolet Tahoe Police vehicles, Chevrolet Equinox vehicles, and Ford Ranger Crew Cab, a nd through California Highway Patrol Contract No. 1 -22-23-30 and applicable BMW sole -source documentation for the BMW RT-P Motorcycle; and
WHEREAS, the total cost of vehicle replacements, $398,957.51, is within the current fiscal year budget allocation of $398,957.51 designated for new replacement vehicles.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Marina as follows:
1. The City Council hereby authorizes the purchase of six (6) Police Department replacement vehicles for the amount of $398,957.51.
2. The City Manager or their designee is authorized to execute all necessary documents and take all actions required to effectuate this purchase subject to final review and approval by the City Attorney.
3. The Finance Director is authorized 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 5th Day of August 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 Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].
MANDATORY
*Supplement 7*
*(Incorporates Supplements 1 – 7) *
ISSUE AND EFFECTIVE DATE: *May 15, 2026*
CONTRACT NUMBER: 1-22-23-30
DESCRIPTION: Motorcycles, Enforcement Type
CONTRACTOR: Long Beach BMW Motorcycles
CONTRACT TERM: 12/28/2022 through 12/27/2027
STATE CONTRACT ADMINISTRATOR: Robb Parkison
279-946-8302
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:
Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov
ORDER PLACEMENT INFORMATION
Mailing Address:
Long Beach BMW Motorcycles
2125 E. Spring St.
Long Beach, CA 90806
Fax/Email:
Fax: 562-506-2144
Contact Information:
Long Beach BMW Motorcycles
Charles Berthon
Phone: 562-426-1200
Email: [email protected]
EXHIBIT A
4 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*7* *Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Attachement A Contract pricing reflects a
new model *
*5/15/2026*
6 *Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Contract term has been extended
2/09/2026
5 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Front Page: Update Contract Administrator
➢ Article 29: Update Contract Administrator
6/10/2025
4 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Article 41 and Article 42 have been modified
4/8/2025
3 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Contract term has been extended
10/31/2024
2 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Article 41 and Article 42 have been added
8/1/2024
1 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
➢ Front Page: Update Contract Administrator
➢ Article 29: Update Contract Administrator
8/11/2023
N/A Original Contract Posted
12/28/2022
All other terms and conditions remain the same.
EXHIBIT A
5 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
EXHIBIT A
6 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
EXHIBIT A
7 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
SCOPE
The State’s contract with Long Beach BMW Motorcycles (Contractor) provides Motorcycles, Enforcement Type at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-30.
The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Motorcycles, Enforcement Type to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.
CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
EXHIBIT A
8 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
EXEMPT PURCHASES
There are no exempt purchases associated with this contract.
PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
EXHIBIT A
9 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
CONTRACT ITEMS
All available Core line items and cost are listed on Attachment A – Contract Pricing.
Non-core catalog (Dealers Catalog) items are all options/accessories available in the Contractor’s commercially available Dealers Catalog. All such items in the Dealers Catalog are offered at a ten percent (10%) discount off of list pricing. Ordering agencies may contact the Contractor for a current copy of the Dealer’s Catalog.
SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 2330-6086, dated 9/18/2022.
CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).
Contact Phone Email
Charles Berthon (562) 426-1200 [email protected]
PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022), Article 16 entitled “Substitutions”.
PROMOTIONAL PRICING
The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.
STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract
PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).
EXHIBIT A
10 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).
MINIMUM ORDER
The minimum order shall be one (1) motorcycle. Tools and training identified on the pricing worksheet are ancillary to the motorcycle purchase and may be purchased as standalone items.
ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
EXHIBIT A
11 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
• Email
The Contractor’s Order Placement Information is as follows:
ORDER PLACEMENT INFORMATION
U.S. Mail:
Long Beach BMW Motorcycles
2125 E. Spring St.
Long Beach, CA 90806
Facsimile:
(562) 506-2144
Email:
[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.
ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Anticipated delivery date
OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.
EXHIBIT A
12 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.
DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 9, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.
CUSTOM MOTORCYCLE ORDERS
All custom motorcycle orders shall include the features offered with the motorcycle at the time of bid. Only the requested additional features, options and/or substitutions deviating from the motorcycle offered at the time of bid, shall be subject to additional charges to the ordering agency.
DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A. Locations
Delivery for CHP shall be FOB Destination to:
California Highway Patrol (CHP), Fleet Operations
3300 Reed Ave. West Sacramento, CA 95605
(916) 309-6800
If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge.
B. Schedule
Delivery of ordered product shall be completed in full within sixty (60) calendar days after receipt of an order (ARO), unless otherwise agreed to by the ordering agency.
Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within forty-eight (48) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.
EXHIBIT A
13 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.
C. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.
Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.
EMERGENCY/EXPEDITED ORDERS
Not Applicable
FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge. This charge shall be shown as a separate item on the purchase order and invoice.
State agencies requesting delivery outside the CHP FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle. These delivery instructions will be provided on the purchase order. If the Contractor receives a purchase order without specific transportation instructions, they must contact the ordering agency.
PALLETS
Not Applicable
SHIPPED ORDERS
All motorcycles must be completely serviced, inspected, properly adjusted and road tested before delivery, including the proper fill of all fluids and lubricants. The Contractor shall insure that each enforcement motorcycle reaches its delivery point with a full tank of fuel and a fully charged battery.
EXHIBIT A
14 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
Motorcycles delivered with more than one hundred (100) miles on the odometer shall not be accepted.
DOCUMENTATION AND TOOLS WITH MOTORCYCLE
The Contractor shall provide the following technical information, specialty equipment, and tools with each motorcycle:
Manuals/Documentation
Each motorcycle shall be delivered with a rider’s manual, warranty guide and consumer information guide necessary for proper operation and maintenance of the motorcycle.
• Factory Service Manuals - Service manuals will be applicable to each model year purchased. Delivery of manuals shall be within fifteen (15) days of delivery of the first motorcycle purchased from each model year. (Digital media is acceptable.)
• Parts List – Parts List shall provide service part numbers complete in every detail covering the model year for the motorcycle purchased. (Digital media is acceptable.)
• Dealer Service Bulletins – Copies of each bulletin published applicable to the model year motorcycle being purchased.
• Flat Rate or suggested time schedule – (Digital media is acceptable.)
• Manual or diagram listing all sizes and locations of radio bonding straps
Tools and Equipment
Specialty Tools include all factory available and factory mandated equipment including supplemental specialty tools applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.
Electronic Diagnostic Tools include all factory available and factory mandated electronic diagnosis computers/scan tools and software support applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.
PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022)), Article 12 entitled “Packing and Shipment”.
EXHIBIT A
15 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.
INSPECTION AND ACCEPTANCE
The first motorcycle delivery shall consist of no more than five (5) motorcycles and shall be completed within sixty (60) calendar days ARO.
All subsequent deliveries shall be in accordance with the delivery schedule as specified on the purchase order of the ordering agency. Motorcycles delivered to the State will be inspected for specification compliance. Acceptance of delivery does not imply specification compliance and does not preclude the State from requiring the Bidder to correct non-compliance issues. In the event a motorcycle is returned to the Bidder for lack of compliance to the specifications prior to being put in service, the official delivery date will be the date the motorcycle is returned to the State and deemed compliant by the inspector. All motorcycles delivered must meet the minimum requirements of the contract.
If it is found that any motorcycle delivered does not meet the minimum requirements, the Bidder shall be required to correct the non-compliance issue at their expense, within thirty (30) calendar days. Failure to correct any deficiencies in any motorcycle delivered, to any ordering agency, may cause the Bidder to be in default of the contract terms.
The State reserves the right to inspect any motorcycle for specification compliance at the Bidder’s place of business or at any State delivery location in accordance with the State’s General Provisions (Non-IT General Provisions (rev 6/21/2022)). Local agencies will be responsible for inspecting their motorcycles for specification compliance and acceptance.
CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
Administrator
Information DGS-PD Long Beach BMW Motorcycles
Contact
Name:
Robb Parkison Charles Berthon
Telephone: (279) 946-8302 (562) 426-1200
Facsimile: N/A (562) 506-2144
Email: [email protected] [email protected] Address: DGS/Procurement Division Long Beach BMW Motorcycles
EXHIBIT A
16 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
Administrator
Information DGS-PD Long Beach BMW Motorcycles
Attn: Robb Parkison
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Attn: Charles Berthon
2125 E. Spring St.
Long Beach, CA 90806
CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.
The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.
INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.
Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-
EXHIBIT A
17 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
A discount of 1 percent is offered for prompt payment of not more than twenty (20) days.
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.
CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.
State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit #
Long Beach BMW Motorcycles SREA 16-657156
CALIFORNIA VEHICLE DEALER
The California Vehicle Dealer license number is listed below. State Departments can verify that permits are currently valid at the following website:
https://www.dmv.ca.gov/portal/dmv/detail/portal/olinq2/welcome and follow the prompts, selecting Vehicle Dealer/Broker when asked to select a Business Category.
EXHIBIT A
18 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
Contractor Name Dealer License #
Long Beach BMW Motorcycles 06066
WARRANTY
The manufacturer’s warranty shall apply to all motorcycles purchased under this contract.
All motorcycles purchased shall include a three (3) year/sixty thousand (60,000) mile warranty, with no deductible.
The warranty effective date shall be the in-service date of the motorcycle, as reported by the ordering agency to the Contractor. Any available warranty in excess of three (3) year/60,000 miles shall be included in the dealer’s Catalog. The ordering agency shall accept the service intervals listed in the manufacturer’s preventative maintenance schedule as sufficient for meeting the service requirements for obtaining warranty service.
FACTORY CERTIFIED MECHANIC TRAINING
Training shall be available when needed due to staffing changes.
Between the contract award date and first deliveries against the contract, the Contractor shall provide technical training, including factory supported product indoctrination and maintenance/repair trainings.
The Contractor shall provide dealer mechanic level technical training at a factory authorized training facility, on the entire motorcycle including, but not limited to: (1) engine and transmission diagnosis and overhaul; (2) brake system diagnosis and repair; (3) fuel system diagnosis and repair; (4) engine and chassis electrical system diagnosis and repair; (5) steering and suspension system repair; and (6) final drive diagnosis and overhaul. Any classes necessary for subsequent model year updates will be included at no additional cost. The Contractor shall permit any of the ten (10) CHP personnel to attend regular scheduled training classes conducted by the factory for their dealer mechanics, for the various components/systems on the model motorcycle purchased. This shall include any general classes such as “electrical”.
All travel and transportation expenses for the CHP personnel shall be arranged and pre- paid for by the Contractor except as noted below. Transportation expenses consist of the charges for commercial carrier fares, rental vehicles including fuel, private or State vehicle mileage at $.58/mile, overnight and day parking for State- or privately-owned vehicles, bridge or road tolls, taxi or street car fares, and all other charges necessary for transportation. Lodging and meals shall be paid at the State per diem rate (http://www.calhr.ca.gov/employees/Pages/travel- reimbursements.aspx).
When air travel is used, claims for transportation by the scheduled airlines shall be allowed
EXHIBIT A
19 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
at the lowest fare available in conformity with the regular published tariffs for scheduled airlines in effect on the date the flight originated.
Reimbursement for fuel, mileage, parking, tolls, and fares shall be paid within thirty (30) days of claim submittal to the Contractor.
The Contractor shall keep CHP advised of scheduled training classes held either at their training center(s) or at dealerships within California (greater Sacramento, San Francisco/Oakland, Los Angeles and/or San Diego areas).
The Contractor motorcycle mechanic training shall certify and authorize the CHP to perform mechanic level technical work on the motorcycle without voiding the warranty.
All Trainings shall be located within California.
RE-REFINED LUBRICATION OILS
The State has the right to request from the motorcycle manufacturer the use of re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. Prior to the use of any re-refined lubrication oils, the motorcycle manufacturer may opt to approve the re-refined lubrication oils as an equivalent option for use in lieu of the virgin oils. Any re-refined lubrication oils used will meet all API and SAE standards and specifications. The use of the re-refined oils, if approved by the motorcycle manufacturer, shall in no way void or degrade the manufacturer’s warranty. The request and approval shall be in writing.
RECYCLED CONTENT
There is no recycled content associated with this contract.
SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)/
CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file.
EXHIBIT A
20 STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-30
Contract User Instructions
*Supplement 7*
VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment
State departments should make a notation of this within their procurement file.
GENERATIVE ARTIFICIAL INTELLIGENCE PROCUREMENT PROCEDURES GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract.
Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.
ATTACHMENTS
*Attachment A – Contract Pricing Supplement 7*
Attachment B – Bid Specification Number 2330-6086, dated 9/18/2022
EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 EXHIBIT A
31 EXHIBIT A
32 EXHIBIT A
33 EXHIBIT A
34 EXHIBIT A
35 EXHIBIT A
36 EXHIBIT A
37 EXHIBIT A
38 EXHIBIT A
39 EXHIBIT A
40 EXHIBIT A
41 EXHIBIT A
42 EXHIBIT A
43 EXHIBIT A
44 EXHIBIT A
45 EXHIBIT A
46 EXHIBIT A
47 EXHIBIT A
48 EXHIBIT A
49 EXHIBIT A
50 EXHIBIT A
51 EXHIBIT A
52 EXHIBIT A
53 EXHIBIT A
54 EXHIBIT A
55 EXHIBIT A
56 EXHIBIT A
57 EXHIBIT A
58 EXHIBIT A
59 EXHIBIT A
60 EXHIBIT A
61 EXHIBIT A
62 EXHIBIT A
63 EXHIBIT A
64 EXHIBIT A
65 EXHIBIT A
66 EXHIBIT A
67 EXHIBIT A
68 EXHIBIT A
69 EXHIBIT A
70 EXHIBIT A
71 EXHIBIT A
72 EXHIBIT A
73 EXHIBIT A
74 EXHIBIT A
75 EXHIBIT A
76 July 28, 2026 Item No. 10k(1)
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of August 5, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026-, DIRECTING
STAFF TO SPECIFY A NEW TRACTOR DRAWN AERIAL CONFIGURATION
FOR A TRUCK THAT WILL MEET THE NEEDS OF THE CITY OF MARINA NOT TO EXCEED $2,400,000.00 INCLUDING THE $882,406.00 ALREADY APPLIED TO THE PURC HASE; AND A 10% PROJECT CONTINGENCY TO
ADDRESS POTENTIAL COST INCREASES, CHANGE ORDERS, AND
UNFORESEEN EXPENSES ASSOCIATED WITH THE APPARATUS
SPECIFICATION, PROCUREMENT; AND AUTHORIZE THE CITY MANAGER TO SELECT THE BEST PAYMENT OPTION; AND AUTHORIZE THE FINANCE
DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY
ENTRIES
REQUEST:
It is requested that the City Council consider:
1. Direct staff to specify a new Tractor Drawn Aerial configuration for a truck that will meet the needs of the City of Marina not to exceed $2,400,000.00 including the $882,406.00 already applied to the purchase and a 10% contingency to address unforeseen costs associated with the project.
2. Authorize the City Manager to select the best payment option.
3. Authorize the Finance Director to make necessary accounting and budgetary entries.
BACKGROUND:
This item is being brought to the council because of an issue that was discovered during the build process of a fire truck for the City of Marina. The city approved the purchase through Resolution No. 2022-137 at their November 15, 2022, meeting.
The purchase order was $1,908,443.04 to purchase a Rosenbauer Quint Truck. The resolution directed staff to pay $464,689 in advance of delivery for a $18,555 discount, reducing the total price to $1,889,888.04 The truck was to be delivered and accepted by the Marina Fire Department on or about the fourth quarter of 2025.
During the late part of 2025, the Fire Department and Rosenbauer started to engage in conversations related to the weight of the truck and its ability to comply with California Department of Transportation Standards. After reviewing lengthy discussions be tween the Fire Department and Rosenbauer, it was clear that the truck would not meet state standards while complying with industry standards and the requirements of the State of California (See cancellation analysis below).
During an online meeting on March 3, 2026, which included members of the Marina Fire Department specification committee, owners of Burton’s Fire Equipment, and representatives of Rosenbauer, including their engineering team, Rosenbauer stated that no furth er engineering changes were available to bring the platform ladder truck within California’s applicable weight restrictions. As a result, the apparatus could not be delivered in a condition that would allow the City of Marina to lawfully and practically accept it for service in California. 1 The inability to accept delivery is not the result of any change requested or caused by the Marina Fire Department or the City of Marina. Rather, Rosenbauer was unable to deliver an apparatus that met the City’s specifications and the applicable California weight requirements necessary for acceptance and use.
The city has c ancelled the order of the Rosenbauer platform ladder truck associated with Rosenbauer Job No. G75712 (“EXHIBIT A”). Furthermore, requested that the full amount paid to date, $882,406.00 to be either credited in full toward a new Rosenbauer truck or refunded in full, at the City of Marina’s discretion.
Staff are requesting a new Tractor Drawn Aerial configuration for a truck that will meet the needs of the City of Marina not to exceed $2,400,000.00 to include the $882,406.00 already applied to the purchase ($1,517,594) (“EXHIBIT B”). Since there was a previously purchased truck with anticipated delivery, most of the equipment has already been purchased.
Although it is disappointing to not have a truck that can be put into service, there are some bonuses to consider. Currently, none of the City of Marina fire facilities will adequately house a truck.
This gives us time to plan new facilities accordingly. Also, with the rapid growth and changes within city infrastructure, a tractor drawn aerial may be more conducive to meet the needs of the city.
TRACTOR DRAWN AERIAL (TDA) BENEFITS:
A tractor-drawn aerial (TDA) offers Marina significant operational advantages due to its superior maneuverability, rear-steering capability, and ability to position the aerial ladder in constrained street environments. A TDA also provides substantial compartment space and reduces maintenance costs compared to a straight truck, particularly a platform, due to its lighter weight. A TDA is projected to have a 15 to 20-year lifecycle as a frontline apparatus. • Maneuverability—Rear-steered trailer and articulation allow the truck to “bend” through turns and position the rear where needed. TDAs are the most maneuverable types of aerial apparatus. Maneuverability is critical in Marina, where we have many tight existing streets, roundabouts, and cul-de-sacs, and where new developments have narrow streets with very restrictive access. Ability to actively position the rear of the apparatus around parked cars, medians, curbs, bulb-outs, roundabouts, and narrow approaches. https://www.youtube.com/watch?v=3bNwi8AKWts
https://www.youtube.com/watch?v=8wJMtLwEV4s
• Aerial placement—TDA can be placed into a better location due to rear steering, unlike a straight-frame truck. Better positioning makes aerial ladder operations more effective. This is critical given the vertical growth of the city.
• Weight—TDAs do not have the weight issues of a platform truck. The structure needed to support the aerial ladder is significantly reduced because the ladder is lighter and does not need to support a platform. The base/turntable for the ladder is placed directly over the rear tires of the tractor portion, distributing the weight more efficiently and removing much of the weight from the rear axles, where weight is an issue with a platform. TDA can be up to 15,000 pounds lighter than a platform.
Reduced weight means less wear on braking, transmission, engine, suspension, etc. Improved performance in acceleration, braking, grade performance, and general drivetrain load.
2 • Storage—Increased storage space is a major advantage. A TDA will have increased storage space and will not be subject to weight restrictions due to the weight of the apparatus.
Therefore, the available compartment space can be maximized. A TDA will be able to carry equipment that the platform would have been unable to.
• Staffing—Able to be staffed with three firefighters. A TDA does not require additional staffing compared with a platform truck.
• Safety—TDAs have a firefighter in the rear, providing an additional set of eyes when navigating traffic, roadways, and tight spaces, reducing the risk of an accident when a sole driver of a straight truck does not have good visibility of the rear of the tr uck. TDAs also have lower compartments which reduce the risk of injuries from lifting heavy tools overhead.
• Maintenance—TDAs are lighter and have a single rear axle, which means less wear and tear. Single axles have fewer tires and less wear on them. Suspension demand is reduced.
There are only two stabilizing outriggers, versus four on a straight truck (less maintenance).
TDAs potentially have a longer service life due to reduced wear and tear and maintenance costs.
PLATFORM TRUCK CANCELATION ANALYSIS:
The California Vehicle Code has very restrictive weight limits for commercial trucks. There are special carve-outs for fire trucks; however, California will not permit a vehicle to be used if it exceeds a specified weight. After several attempts to adjust the design and weight distribution of the platform ladder truck, Rosenbauer was unable to bring the truck within the weight restrictions, particularly once it was loaded with its tool and equipment complement. After meeting with Rosenbauer engineers, the t wo owners of Burton’s Fire Apparatus (Rosenbauer sales), and the internal Marina FD spec committee, Rosenbauer determined that they were out of options to modify the truck to be in compliance with the California Vehicle Code. • 21 CCR §1411.7
Tandem rear axles may not exceed 48,000 pounds.
A 15% exemption may be granted by the state, bringing the maximum allowable tandem rear axle weight to 55,200 pounds.
Fire trucks meeting the requirements of this regulation may operate on State and local roadways without a transportation permit. Fire trucks that exceed the weight requirements of this regulation for tandem or tridem axles may receive transportation permits from the Department to operate on State routes and from local governments to operate on local roads. The permit shall not allow any increase in single axle weights. The permit shall limit tandem and tridem weights to no more than 15 percent over the weights allowed in these regulations... • CVC §35002(b)(1) requires the manufacturer to weigh the truck with a full tank of water plus allowances for personnel (1,200 lbs.) and equipment (2,500 lbs.). It further states, “Fire apparatus shall be weighed and certified by the manufacturer to determin e compliance with the table above prior to acceptance by the purchaser.” Marina Fire accepted a reduced equipment allowance of 2,000 lbs. That reduced allowance was still too much to properly distribute in the compartments and remain within the required we ight restriction, including the 15% allowance, which is not automatically granted by the state.
3 FISCAL IMPACT:
The current price for a tractor drawn aerial is $2,300,000.00 to 2,500,000.00. Most manufactures offer discounts depending on the payment structure. The most significant discount is for apparatus that are paid upfront. The City may have this discount as an option since the current truck was supposed to be delivered, and the funds have been allocated.
Staff would like to request allocation not to exceed $2,400,000.00 and a 10% contingency to address unforeseen costs associated with the project and the ability of the City Manager to select the payment option.
The City of Marina is a member of Sourcewell, member number 27263. Sourcewell is a national municipal cooperative purchasing agency. Staff will ensure the truck selected is competitively bid through Sourcewell which ensures that the City is receiving competitive pricing in accordance with the requirements of California law and City policies.
With the purchase of the truck, the replacement cost will be amortized over the expected life of the truck, and funds will be set aside into the vehicle replacement fund accordingly.
This request is submitted to the City Council for consideration and possible action.
Respectfully submitted,
Kristan Maurer
Fire Chief
City of Marina
REVIEWED/CONCUR
Courtney Lindberg
Interim City Manager
City of Marina
4 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA DIRECTING
STAFF TO SPECIFY A NEW TRACTOR DRAWN AERIAL CONFIGURATION FOR A
TRUCK THAT WILL MEET THE NEEDS OF THE CITY OF MARINA NOT TO EXCEED $2,400,000.00 INCLUDING THE $882,406.00 ALREADY APPLIED TO THE PURCHASE; AND A 10% PROJECT CONTINGENCY TO ADDRESS POTENTIAL
COST INCREASES, CHANGE ORDERS, AND UNFORESEEN EXPENSES
ASSOCIATED WITH THE APPARATUS SPECIFICATION, PROCUREMENT; AND AUTHORIZE THE CITY MANAGER TO SELECT THE BEST PAYMENT OPTION;
AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE NECESSARY
ACCOUNTING AND BUDGETARY ENTRIES
WHEREAS, The City of Marina approved the purchase through Resolution No. 2022-137 at their November 15th, 2022, meeting; and
WHEREAS, Rosenbauer was unable to deliver an apparatus that met the City’s specifications and the applicable California weight requirements necessary for acceptance and use; and
WHEREAS, cancellation of the order for the Rosenbauer platform ladder truck associated with Rosenbauer Job No. G75712 releases the truck from the City of Marina; and
WHEREAS, after evaluating all available data, Staff recommends the purchase of T ractor Drawn Aerial that meets or exceeds all the specification requirements of the Marina Fire Department; and
WHEREAS, the City of Marina is a member of Sourcewell, formerly the National Joint-Powers Agency (NJPA), a cooperative purchasing program to assist local government in reducing costs through a nationwide government-to-government procurement service; and
NOW, THEREFORE IT BE RESOLVED, that the City Council of the City of Marina does hereby:
1. Direct staff to specify a new Tractor Drawn Aerial configuration for a truck that will meet the needs of the City of Marina not to exceed $2,400,000.00 securing the allocated funds for fire apparatus including the $882,406.00 already applied to the purchase and a 10% contingency to address unforeseen costs associated with the project.
2. Authorize the City Manager to select the best payment option(s) for a fire apparatus replacement plan.
3. Authorize the Finance Director to make necessary accounting and budgetary entries.
PASSED AND ADOPTED by the City Council of the City of Marina, State of California this 5th day of August 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 EXHIBIT A
6 EXHIBIT A
7 27263
Base Price
Body Price $1,005,287.00
Chassis Price $710,993.00
Aerial Price $437,407.00
100% Pre Pay Discount -$59,029.00
Customer Loyalty Discount -$25,000.00
Prior Payment Received -$882,406.00
Delivery $4,500.00
Ca State Sales Tax $191,443.37
9.250% $1,383,195.37
Please note:
Terms:
Upon execution of this Agreement for (1) Rosenbuaer TDA #3317, all prior agreements, obligations, and liabilites related to Marina truck P8592 (Sourewell Contract #113021-RSD Member 27263, signed by Layne Long 11/16/22) are hereby terminated and released in full.
100% PrePay will be due within 30 days of signed contract.
Sincerely,
Burton's Fire
Quoted Delivery is 900 days after receipt of order
June 30, 2026
Marina Fire Department
211 Hillcrest Ave
Marina, Ca 93933
Chief Mark Sweeney:
Thank you for the opportunity to propose the following Rosenbauer fire apparatus:
One (1)
Pre-Con for (3) from Dept. at Factory
Mid-Point Inspection for (3) from Dept. at Factory
Final Inspection for (3) from Dept. at Factory
Final Delivery will be made by Burton's Fire to the Dept.
Performance Bond Not Required
100' FX TDA Quote #3317
(1) Day of Familiarization training by Burton's
Burton’s Fire Inc.
1301 Doker Drive
Modesto, CA 95351
209-544-3161
209-544-1109 Fax
www.burtonsfire.com
South Dakota Division
100 Third Street
Lyons, SD 57041
605-543-5591
605-543-9701 Fax
E-mail: sales@
rosenbaueramerica.com
Minnesota Division
5181 260th Street
P.O. Box 549
Wyoming, MN 55092
651-462-1000
651-462-1700 Fax
E-mail: sales@
rosenbaueramerica.com
Aerial Division
870 South Broad Street
Fremont, NE 68025
402-721-7622
402-721-7622 Fax
E-mail: sales@
rosenbaueramerica.com
Final payment due with in 30 days of contract signing.
Price good until July 31, 2026.
Please review specifications to see terms and conditions relating to your specified penalty clause.
Thank you again for this opportunity to work with your department, if you have any questions regarding the above proposal, please contact me at (209)846-7403 or at [email protected] Blake Giles
EXHIBIT B
8 July 3, 2026 Item No. 11a
Honorable Mayor and Members of the City Council Public Hearing City Council of July 7, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026 -,
APPROVING AMENDMENTS TO T HE DOWNTOWN VITALIZATION
SPECIFIC PLAN (DVSP) IN RESPONSE TO RECOMMENDATIONS OF THE
PLANNING COMMISSION AND RECOMMENDATIONS OF A MARKET
FEASIBILITY ANALYSIS PREPARED BY HDL ECONSOLUTIONS AND
DETERMINE THAT SAID AMENDMENTS ARE EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA CODE OF
REGULATIONS TITLE 14, DIVISION 6, CHAPTER 3 (CEQA GUIDELINES) SECTION 15183 AND SECTION 15061(B)(3).
RECOMMENDATION: That the City Council consider adopting:
1. Resolution 2026-, approving amendments to the Downtown Vitalization Specific Plan in response to recommendations from the Planning Commission and the recommendations of a market feasibility analysis prepared by consulting firm HDL ECONSolutions and determine that said amendments to the Downtown Vitalization Specific Plan are subject to exemptions from environmental review in accordance with Sections 15183 and 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
In October 2024, the Marina City Council adopted the Downtown Vitalization Specific Plan (DVSP) to guide the redevelopment and enhancement of Downtown Marina over the next several decades. The plan presents an aspirational vision for Marina’s urban core as a vibrant, pedestrian-friendly city center encompassing mixed-use buildings, retail and office space, and new housing in alignment with the City’s General Plan. The DVSP establishes a regulatory framework facilitating full build-out capacity of approximately 1.38 million square feet of commercial/retail space and up to 2,904 housing units, resulting in significant redevelopment potential.
In adopting the DVSP, the City Council directed staff to monitor the City’s degree of success in implementation of the DVSP, requesting subsequent review by the City Council soon following Plan approval. To this end, in 2025, the City retained HdL ECONSolutions (“HdL”) to prepare an economic and market assessment and retail void analysis assessment of the feasibility of the DVSP.
ANALYSIS/DISCUSSION
HDL Peer Review
In early 2025, the City retained HdL ECONSolutions to evaluate the feasibility of implementation of the Downtown Vitalization Specific Plan. In the report entitled, “City of Marina Downtown Vitalization Specific Plan – Peer Review Report” (attached as EXHIBIT B), the consultant team remarked about the aspirational nature of the DVSP and described the low probability for transformation of the subject land into a walkable traditional Downtown accommodating a blend of commercial, retail, dining, entertainment, and parks, with vertical mixed -use buildings and medium- to high-density residential uses as visualized within the conceptual 20-year timeframe. 1 Continued from July 7, 2026
The Peer Review provides recommendations regarding modifications and adjustments to the DVSP’s land use regulations and design standards to create a practically implementable framework for facilitating a more discernible, destination -oriented urban center, as analyzed further below. In response to consultant recommendations, City staff revised the DVSP for review by members of the public and Planning Commission.
Recommendations of the Public and Planning Commission
On May 14, 2026, the Planning Commission held a public meeting to consider proposed amendments to the DVSP. Following deliberation, the Planning Commission adopted a motion of approval on a 6-0-1-0 vote, including the following:
a. Clarification to footnotes 8 and 9 of the draft amended Downtown Vitalization Specific Plan
b. Inclusion of a definition of short -term, midterm, and long -term timeframe and clear connection of programs advanced in the DVSP to items adopted in the City’s budget c. Clarification for connection of Program PF-5 in the included DVSP implementation matrix, with outreach to the business community included in the matrix d. Clear characterization of the distinction between vertical and horizontal mixed -use development
e. Revision to Section 5.5 of the Downtown Vitalization Specific Plan to align with recommended revisions elsewhere in the DVSP, reinforcing the notion that the majority of land within the DVSP qualifies for exemption from vehicular parking requirements pursuant to California Assembly Bill (AB) 2097
In response to comments of the public and recommendations by the Planning Commission, staff have incorporated further amendments to the Downtown Vitalization Specific Plan, attached as EXHIBIT D. Staff underscored that targeted public improvements and facilitation of one or more catalyst projects may act to spur further development within the City’s Downtown. Collectively, the edits assist in further enhancing and refining the document and amplifying the likelihood for its successful implementation.
ENVIRONMENTAL REVIEW
The proposed 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. 2023100567, which was certified for the Downtown Vitalization Specific Plan pursuant to CEQA Guidelines § 15183; Cal. Pub. Resources Code § 21083.3(b). Proposed amendments to the Downtown Vitalization Specific Plan will not include the potential to induce any adverse physical impact on the environment and therefore are exempt from further environmental review pursuant to CEQA Guidelines Section 15183. The proposed amendments are additionally exempt pursuant to Guidelines Section 15061(b)(3), because there is no possibility that the activity in question may have a significant effect on the environment.
CONCLUSION
Requested amendments to the Downtown Vitalization Specific Plan is submitted for City Council consideration and action.
2 Respectfully submitted,
_________________________
Timothy Maier, AICP
Planning Services Manager, Community Development Dept.
City of Marina
REVIEWED/CONCUR:
_________________________
Guido Persicone, AICP
Director, Community Development Dept.
City of Marina
_________________________
Layne Long
City Manager
City of Marina
Attachments
Exhibit A- Link to May 14, 2026, Planning Commission Report Exhibit B - Consultant HDL’s Peer Review Report
Exhibit C - DVSP Summary of Workshop Outcomes
Exhibit D - Downtown Vitalization Specific Plan, including recommended revisions (redlines)
3 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING
AMENDMENTS TO THE DOWNTOWN VITALIZATION SPECIFIC PLAN (DVSP),
IN RESPONSE TO RECOMMENDATIONS OF THE PLANNING COMMISSION AND
OF A MARKET FEASIBILITY ANALYSIS PREPARED BY HDL ECONSOLUTIONS
AND DETERMINE THAT SAID AMENDMENTS ARE EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW PURSUANT TO CALIFORNIA CODE OF
REGULATIONS TITLE 14, DIVISION 6, CHAPTER 3 (CEQA GUIDELINES) SECTION 15183 AND SECTION 15061(B)(3).
WHEREAS, on October 15, 2024, at a duly noticed public hearing, after receiving public testimony, the City of Marina City Council adopted the Downtown Vitalization Specific Plan, corresponding City of Marina 2000 General Plan text and Land Use Map amendments (GPA -24- 003), and associated Environmental Impact Report, Mitigation Monitoring and Reporting Program, and CEQA findings of fact and statement of overriding considerations; and WHEREAS, the Downtown Specific Plan at full buildout will provide an additional 2,904 housing units and 1.3 million square feet of new retail and office space; and WHEREAS, the Downtown Specific Plan will revitalize the urban core of Marina; and WHEREAS, in early 2025 , the City retained HdL ECONSolutions to provide an economic and market assessment and a retail void analysis for the City of Marina , and, on April 15, 2025, the City Council accepted a report summariz ing consultant recommendations regarding the same .
After deliberation, the City Council directed staff to request a proposal from HdL ECONSolutions to provide services related to economic development including retail recruitment support, a peer review of the Downtown Vitalization Specific Plan ( DVSP), implementation strategy for activating the DVSP and production of a website and preparation of branding for the economic advancement of Marina; and
WHEREAS, on May 6, 2025 , the City Council adopted Resolution No. 2025 -34, approving an agreement with HdL ECONSolutions to provide economic development services as discussed at the April 15, 2025, City Council hearing; and
WHREAS, on May 14, 2026, the Planning Commission, at a duly-noticed public meeting, after receiving public testimony and following deliberation, on a vote of 6-0-1-0, recommended to the City Council adoption of proposed revisions to the Downtown Vitalization Specific Plan; and
WHEREAS, The City of Marina Planning Services 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. 2023100567, which was certified for the Downtow n Vitalization Specific Plan pursuant to CEQA Guidelines § 15183; Cal. Pub.
Resources Code § 21083.3(b). Proposed amendments to the Downtown Vitalization Specific Plan will not include the potential to induce any adverse physical impact on the environment and therefore are exempt from further environmental review pursuant to CEQA Guidelines Section 15183. The proposed amendments are further exempt pursuant to Guidelines Section 15061(b)(3), because there is no possibility that the activity in question may have a significant effect on the environment.
4 Resolution No. 2026-
Page Two
NOW, THEREFORE, BE IT RESOLVED that the City Council:
1. Finds 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. 2023100567, which was certified for the Downtown Vitalization Specific Plan pursuant to CEQA Guidelines § 15183; Cal. Pub. Resources Code § 21083.3(b). Proposed amendments to the Downtown Vitalization Specific Plan will not include the potential to induce any adverse physical impact on the environment and therefore are exempt from further environmental review pursuant to CEQA Guidelines Section 15183. The proposed amendments are further exempt pursuant to Guidelines Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment; and
2. Adopts amendments to the Downtown Vitalization Specific Plan (DVSP) to accommodate 1) recommendations of a peer review report prepared by consultant HdL ECONSolutions, and 2) feedback from members of the community in response to public outreach, attached as Exhibit “A”, in order to enhance the market relevance and success of implementation of the DVSP and incorporate desired actions, including revisions to the DVSP, to address infrastructure improvements, land use, and overall community experience of the City’s Downtown; and
3. Finds that the proposed amendments to the Downtown Vitalization Specific Plan are consistent with the City of Marina General Plan (see Government Code § 65454), and do not compromise the DVSP’s community benefits that would otherwise exist without the proposed amendments (see DVSP at 88-89).
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of July 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
5 May 14, 2026 Planning Commission Report
https://www.cityofmarina.org/AgendaCenter
EXHIBIT A
6 1 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
CITY OF MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN –
PEER REVIEW REPORT
Background
On October 15, 2024 the Marina City Council adopted the Downtown Vitalization Specific Plan (the Specific Plan) and certified the Final Environmental Impact Report. At full buildout, the plan will allow for the development of 1.3 million square feet of new office and retail space while also providing enhanced density with another 2,904 residential units being built.
The Specific Plan was the culmination of multiple campaigns and studies aimed at revitalizing its commercial core and establishing a pedestrian-friendly, visitor-serving central business district. Marina has pursued the development of a vibrant Downtown since before its incorporation in 1975, and over decades, the City has engaged residents, business owners, and officials to define Downtown boundaries and formulate strategic plans to enhance retail opportunities, housing, and transit access. Key initiatives include the 2002 Ad Hoc Marina Downtown Committee's recommendations, adoption of Downtown Vision and Design Guidelines in 2005, the initiation of the Downtown Vitalization Specific Plan in 2006, and the early draft of a Downtown Vitalization Specific Plan which was presented publicly in March 2011. Traffic and retail analyses informed planning decisions, including road design and transit center development, though progress stalled until renewed efforts began in 2017 when another Ad Hoc Committee was formed to address new issues in the Downtown and to complete the long-anticipated Specific Plan.
In early 2025 the City retained HdL ECONSolutions to provide an economic and market assessment and a retail void analysis for the City of Marina. The report was presented to the City Council on April 15, 2025 and based on discussion from the Council, city staff then requested a proposal from HdL ECONSolutions to conduct economic development related services including retail recruitment support services, a peer review of the Downtown Vitalization Specific Plan (SP), implementation strategy for activating the SP and creation of a website and branding for the economic function in Marina. On May 6, 2025 the City Council adopted Resolution No. 2025-34, approving an agreement with HdL ECONSolutions to provide economic development services as described above. This report will accomplish the first component of Task 2. Downtown Vitalization Work – a peer review of the Downtown Vitalization Specific Plan (SP).
EXHIBIT B
7 2 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
Goals for Project
• Assess the SP for its market relevance, along identifying strong points and potential challenges in successfully implementing the SP.
• Evaluate the Land Use and Development Goals, Policies and Programs of the SP.
Market Relevance of the Specific Plan
The stated purpose of the SP is: “to create a unique and identifiable Downtown core for Marina that is vibrant and pedestrian oriented.” The SP very aptly provides a road map that is aspirational in its vision for the future of downtown Marina and provides specific land use and development regulations with customized design standards and guidelines to facilitate implementation of the vision. It is consistent with the Marina 2045 General Plan, assists in planning for future housing needs as called for in the Housing Element and the Final EIR fully analyzes the impacts of all growth contemplated in the SP (1.3 million square feet of new office and retail space and an additional 2,904 residential units) laying the groundwork for expedited approval of development projects and infrastructure improvements that implement the SP’s goals and policies.
That being said, as was stated in the SP (which was based on multiple commissioned economic studies and analyses):
• The Downtown District is largely built out and has relatively few vacant or underutilized lots; • Significant changes to the development pattern of Downtown would require substantial redevelopment of sites to achieve the Plan’s development targets.
Further, the SP is not a “revitalization” plan (i.e. a plan to revitalize a declining area) but rather a “vitalization” plan to suggest an area that never fully developed as a traditional downtown. The building pattern that exists in the SP boundaries was established around the two arterial roads (Del Monte Boulevard and Reservation Road) without regularly spaced cross streets limiting vehicular and pedestrian connectivity throughout the downtown area. The character is: “generally suburban in nature, dominated by a mixture of single-story retail commercial and office buildings, single-family homes, and one- to two-story multifamily residential units. The existing retail and office commercial uses are located primarily along Reservation Road and Del Monte Boulevard and are predominantly oriented in a strip mall configuration with the buildings behind large surface parking lots”.
Transformation into an urban center (as visualized in the SP) that accommodates a mix of commercial, retail, dining, entertainment, parks, and medium to high density residential uses fronting on Reservation Road and Del Monte Blvd, within a 20-year timeframe, seems unlikely. However, with some policy modifications and adjustments to the SP’s land use and development regulations as well as to the design standards, a more discernable, destination oriented “downtown” could transpire.
EXHIBIT B
8 3 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
Land Use and Development Goals, Policies and Programs
Hdl ECONSolutions conducted several site visits to Marina focusing primarily on properties within the SP boundaries but also viewed the Locke-Padden Park area and the two newer hotels on Reservation Road leading out to the beach access area. Then, after a thorough and comprehensive review of the SP, the EIR, the City Council staff report recommending adoption of the SP as well as reading all written comments on the plan and the EIR, HdL has the following observations and recommendations.
Land Use Designations and Intent
Core District: The description/intent” of the Core District is too amorphous, particularly when further coupled with pictures of traditional downtown streets and the pedestrian right of way diagrams as shown in the Figures 4-2 and 4-3 (copied below). The Concept cross section of Reservation Road for the Core District, as shown below Figure 5-1, has only 5’ sidewalks whereas the SP states: The Specific Plan envisions the Core District to include mixed-use buildings built to the property line (Figure 4-4) with doors and windows that face wide sidewalks with shade trees and pedestrian amenities. Development standards will require new development to provide features like lighting, public art, seating, and landscaping along building frontages to enhance the streetscape and create a pedestrian oriented, urban atmosphere. The Core will feature a mix of high-density housing and neighborhood-oriented businesses in a walkable, pedestrian-scaled environment (Figure 4-2 and Figure 4-3).
EXHIBIT B
9 4 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
The Core District includes four existing suburban style shopping centers with large parking lots fronting Reservation Road – Marina Village Shopping Center, Seacrest Plaza, Marina Square & Cypress Plaza. As was stated in HdL ECONSolutions, March 2025 Real Estate Market Analysis & Site Assessment for the City of Marina: “the tenant profile for these four centers include national chains such as Lucky Market, CVS, Auto Zone, Goodwill, Ace Hardware, McDonald’s, O’Reily Auto, Grocery Outlet, Walgreens, Taco Bell, Dollar Tree, Jack in the Box, and Wells Fargo. Additionally, there are a variety of smaller retail and service tenants that fill in the remaining spaces. PDF materials highlight tenants with long-term leases, with some businesses having been in place since the late 1960s or 1980s. The four centers benefit from significant vehicular traffic, with reports indicating average daily counts of approximately 19,000 vehicles along Reservation Road and 24,000 on adjacent roads. While these counts refer to vehicular flow, they are indicative of strong shopper presence on weekends and during peak shopping times. The surrounding demographic data (a population of about 22,000 with a median age in the mid-30s and average household incomes around $73,000) suggests a steady base of local consumers whose needs are met by the center.”
The transformation of Reservation Road to an urban downtown street with vertical mixed use (retail/restaurants on the ground floor and offices or residential above) is not likely, but even if some vertical mixed-use developments were to be built, the ground floor commercial would not be successful fronting on a four-lane arterial with only 5’ wide sidewalks. The SP does not include any financing options to create wider sidewalks, narrowing traffic lanes, creation of a wide landscaped median with pedestrian respite areas or bulbouts at major intersections on Reservation Road. However, it is not feasible or practical to expect that these roadway improvements would occur through right-of-way dedications and conditions of approval for each new development.
EXHIBIT B
10 5 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
With this is mind, HdL recommends that both Program M-1 Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, and transportation demand management measures and Program PF-5 Establish a Downtown business improvement district or other funding mechanism to organize and finance the construction of downtown infrastructure improvements in more meaningful and intentional increments be accomplished within the “short-term” time frame rather than “mid-term”.
In terms of “vitalizing” the four existing suburban styled shopping centers, an alternative land use concept to explore might be creating narrow drive aisles/interior streets that extend though the larger shopping center parcels with one to two story commercial buildings interspersed with horizontal higher density residential on each side or behind the commercial. Or the layout could have one to two story commercial buildings on one side of the drive aisle/interior street and the residential on the other side.
The interior drive aisle could have sidewalks on each side, connecting to the sidewalks on Reservation Road and Del Monte Road (in the case of the Marina Square shopping center) and to the existing crosswalks. The residential could be designed with podium or underground parking to serve both the retail and residential, thus creating a more traditional downtown feel.
N
The above aerial is of downtown Lafayette, California. Mt Diablo Blvd is a 4-lane arterial with a median (which is not shown in this older aerial). To the north of Mt. Diablo Blvd are single-story retail and restaurant buildings. A cross street/driveway with sidewalks connects Mt. Diablo Blvd to an interior street/driveway that provides access and parking for 2, four and five story multifamily buildings behind the commercial buildings.
Below is a street view looking north across Mt. Diablo with the driveway/street connecting to the four- story apartment project behind the commercial. The second street view is looking west behind the commercial on Mt. Diablo Blvd to the second 5 story multifamily project.
EXHIBIT B
11 6 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
Below is an aerial photo of downtown Pleasant Hill, California. Using redevelopment, the City created a downtown street (Crescent Drive) in an area that once housed car repair shops, auto wrecking yards, and other light industrial uses. Crescent Drive is a two-lane street lined with retail and restaurant establishments, wide sidewalks, plazas and paseos into large parking lots with bigger box retail establishments behind Crescent Drive. There is a four-story parking garage and a movie theater at the south end of Cresent Drive and the Pleasant Hill City Hall is located to the west. Small lot townhouses and median density multi-family uses surround the Crescent Drive shopping area. This could also be a concept to consider for “vitalizing” the Marina Core District existing shopping centers.
EXHIBIT B
12 7 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
HdL recommends that Policy LU-5.1 be amended to read (new language highlighted in yellow):
“Encourage compact, high-density urban form by allowing developments with a variety of uses at the ground floor as well as on upper stories of buildings in the Core, Mixed-use Node, and Transition districts that serve the local community and reduce car dependence for daily needs. Explore and encourage horizontal mixed-use design alternatives to facilitate redevelopment of the suburban shopping centers in the Core area. At the very least, the Core District land use regulations should allow residential projects (including residential on the ground floor) to front onto Reservation Road and Del Monte Blvd with incentives to encourage horizontal mixed use either on the same parcel or adjacent parcels.
Mixed-use Node District: The Land Use Plan calls for the creation of a mixed-use node at the intersection of Reservation Road and California Avenue. While this district is located at the intersection of California Avenue which is the only road through from Reservation Road, south to Imjin Parkway and the California State University, Monterey Bay campus, it only encompasses 3 parcels. The two parcels on the west side of California Avenue at the intersection have single family homes on them and the parcel on the east side of California Avenue at the intersection has a motel and gas station. HdL recommends that this District be eliminated as it seems superfluous and that those 3 parcels be rezoned to Transition with reference in the development regulations that the intersection treatment at the southwest or southeast
EXHIBIT B
13 8 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
corners contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram (see below)
Transition and Multi-Family Districts: The intent and purpose of these two districts are well articulated and the development regulations are in line with the descriptions.
Appendix A – Development Code: Based on the discussion above, and for the reasons cited below, HdL recommends that the development Code’s Use and Development Regulations be amended as follows to assist in successful implementation of the SP. (HdL is recommending that the Mixed Use Node District be rezoned to Transition so that the Mixed Use Regulation column can be eliminated).
• Use Regulations
o Assembly, Minor - First Floor facing Del Monte Blvd or Reservation Rd. should be permitted (P) in the Core District with a note that states: “Exercise Studios, are permitted uses on the first floor facing Del Monte Blvd or Reservation Rd. All other uses within this use classification are not permitted on the first floor facing Del Monte Blvd or Reservation Rd.” Exercise Studios can facilitate pedestrian activity before and after classes are over and can be designed with transparent store fronts displaying retail items in the front of the exercise studio.
o Child Care Center: Marina Community Development staff have noted that this use classification is not listed as a separate use in the SP development regulations, but is an included use under the “Services, Major” classification with the following definition:
“Any childcare facility other than a family childcare home, includes infant centers, preschools, and extended childcare facilities”. The use classification should be listed as a separate use within the table and the use regulation should be P for all three districts with a note that says: Child care centers are Permitted (P) if incidental to Multi-family Residential. Child care centers not incidental to Multi-family residential are not permitted in the Core District but are permitted in the Transition and Multi-family Districts with a CUP. The SP Use Definitions section should list the Child Care Center use and definition independent of the Service, Major Classification to avoid confusion as to which use regulation applies.
o Dwelling, attached—all floors. Change to Permitted (P) in the Core District with a note that states: Residential projects fronting on Reservation Road and Del Monte Blvd shall include either ground floor commercial or a horizontal mixed use/commercial component adjacent to, or behind the residential.
EXHIBIT B
14 9 | P a g e
120 S. State College Blvd.
Suite 200
Brea, CA 92821
Mobile 714.879.5000
www.hdlcompanies.com
o Dwelling, attached—above first floor or on first floor behind first floor commercial.
Remove this use classification.
o Parking Area, Accessory. The use regulation should be P(4) for all three districts and revised to read: (4) On-site parking must be located behind the building fronting Reservation Road or Del Monte Blvd or on the side of the commercial building fronting those two streets. The P(3) note should be eliminated. o Park and Recreation Facilities: The definition of this use classification is: “Parks, plazas and recreation facilities and support uses (parking, snack bars, etc.)” It’s not clear if this use was intentionally omitted in the Use Regulations table, but the SP indicates that “parks located within or near Downtown create opportunities for people to meet, recreate, and share ideas. Public open spaces like parks and plazas help make Downtown a destination by allowing visitors to linger and enjoy the neighborhood.” Consequently, HdL recommends that the use classification be listed and the regulation be Permitted (P) in all three districts with a note that says: Plazas and mini-parks within private development projects are permitted. Publicly owned plazas and parks are Conditionally Permitted.
o Service, Minor: Move Animal Service and Professional Offices out of the Services, Minor classification to stand alone as their own definitions since they are listed in the Use Classifications table as separate uses. Eliminate the Professional Offices, Offsite definition as it is redundant and should be regulated the same as regulations for Professional Offices. Animal Service should be NP in the Core Area (as it is not a pedestrian oriented use).
• Development Standards
Remove the Mixed-use Node Development Standards as these three properties are recommended to be rezoned to Transition. The Transition Zone Development Standards should include a note that says that the intersection treatment at the southwest or southeast corners of Reservation Rd and California contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram.
• Design Standards
The design standards for the Core area should include pictures of successful horizontal mixed- use development and modified where necessary to ensure that horizontal mixed-use opportunities are not excluded.
EXHIBIT B
15 City of Marina
Downtown Community Workshop Summary
1 From Vision to Action: Shaping Marina Together
March 24, 2026
Purpose of Workshop
The City of Marina hosted a community workshop to gather input on the future of downtown, with a focus on the Reservation Road and Del Monte Boulevard corridors. The workshop was designed to explore infrastructure improvements, land use and overall community experience, and to help guide implementation of the Downtown Vitalization Specific Plan.
Workshop Overview
The workshop brought together 52 community members to share input through both an open house and facilitated discussion.
The workshop included:
• Open House (5:00–6:00 p.m.) featuring project displays and opportunities to engage directly with City staff and the project team
• Facilitated Workshop (6:00–8:00 p.m.) with small group breakout discussions and report-outs The workshop was supported by the City’s consultant team, including Tripepi Smith, HdL Companies, Kimley-Horn, and Coats Consulting, who provided facilitation, economic context and technical expertise to support the discussion.
Executive Summary of Workshop Outcomes
Participants expressed strong interest in creating a more walkable, welcoming and community-focused downtown supported by safer pedestrian and bicycle infrastructure, traffic calming and enhanced landscaping. There was also clear support for gathering spaces, community programming and quality local dining and retail to encourage more frequent visits.
While residents were generally open to infrastructure improvements, there was limited support for the proposed roundabouts, with many participants favoring a signalized intersection approach at Reservation Road and Del Monte Boulevard. Regardless of the specific design solution, there was strong consensus that any improvement must prioritize pedestrian and bicyclist safety. Participants also supported corridor- specific and phased approaches to traffic changes.
There was also support for horizontal mixed-use development, with a preference that any vertical mixed- use be introduced conservatively; typically limited to one story above ground-floor uses. Participants noted that shifts in development intensity could require amendments to the Downtown Specific Plan.
Participants emphasized a desire to see visible action in the near term, recognizing that larger-scale capital improvements may take time to plan and fund. As a result, there was strong interest in prioritizing near-term, lower-cost improvements that can deliver immediate impact as funding becomes available.
Overall, the community favored incremental progress that enhances vitality and safety while preserving Marina’s character.
Breakout #1: Downtown Vision Detailed Consensus
EXHIBIT C
16 City of Marina
Downtown Community Workshop Summary
2 Participants shared a strong desire for a welcoming, walkable and community-oriented downtown that supports local businesses while maintaining Marina’s character.
1. A Walkable, People-Focused Downtown
Residents emphasized the importance of creating a downtown that is safe, comfortable and easy to navigate on foot and by bike.
Key ideas included:
• Lower speed limits and narrower traffic lanes
• Tree planting and landscaping to create shade and improve aesthetics • Wider sidewalks and pedestrian-friendly gathering spaces • Better multimodal connections, including bike pathways • Reducing the dominance of large parking lots
Participants expressed interest in a town square or central gathering area that could serve as a focal point for downtown activity.
2. Community Spaces and Cultural Experiences
Many groups envisioned downtown as a place for shared experiences and civic life.
Common suggestions included:
• Spaces for community events, farmers markets and festivals • Performing arts venues or cultural spaces such as a museum or art space • Outdoor gathering areas and plazas
• Opportunities for regular programming that encourages people to visit more often There was a strong interest in creating a “cozy,” community-scaled environment that feels friendly to all ages.
3. Support for Quality Local Businesses
Residents want downtown to include more dining, shopping and activity options that encourage people to spend time there.
Themes included:
• Quality restaurants and cafés
• Small-scale retail and local businesses
• Avoiding an overly tourist-focused or overly dense development pattern • Encouraging vibrant storefronts and active ground-floor uses Participants noted that downtown should feel lively and inviting, but still reflect Marina’s identity rather than becoming overly commercialized.
4. Thoughtful Development and Character
There was general support for incremental improvement rather than large-scale transformation.
Residents mentioned:
• Moderate building heights and density
• Enhancing aesthetics through façade improvements and landscaping • Maintaining a horizontal, approachable scale
• Making targeted infrastructure and streetscape improvements
5. Preference for Horizontal Mixed-Use Development
Participants discussed how new development should be structured in downtown, particularly the balance between horizontal and vertical mixed-use.
EXHIBIT C
17 City of Marina
Downtown Community Workshop Summary
3 There was general consensus in support of horizontal mixed-use, such as integrated retail, dining and community spaces spread across blocks or sites in a way that maintains an open and approachable feel.
While some participants acknowledged that vertical mixed-use could play a role, there was strong sentiment that it should be approached conservatively. Many expressed a preference for limiting building height to one story above ground-floor commercial uses in order to:
• Maintain downtown’s human scale and character
• Avoid creating an overly dense or urbanized environment • Preserve visual openness and comfort for pedestrians
Overall, residents supported thoughtful development that activates downtown while ensuring new buildings remain context-sensitive and compatible with Marina’s identity.
Breakout #2: Infrastructure Improvements Detailed Consensus During the discussion on infrastructure improvements, participants shared a range of perspectives on traffic circulation, pedestrian safety and streetscape enhancements. While there was broad support for improving safety and walkability, opinions were more mixed on specific design solutions.
1. Mixed Opinions on Roundabouts and Lane Reductions
Participants expressed divided views on proposed roundabouts and reducing travel lanes.
Some residents supported:
• Using roundabouts in select locations rather than at every intersection • Traffic calming measures to slow vehicles and improve safety • Removing certain left- or right-turn lanes where feasible • Reducing lane widths in specific high-conflict areas
Others raised concerns about:
• Potential traffic congestion
• Driver confusion about how to navigate roundabouts
• Impacts to business access and circulation
• Overall, there was interest in phasing improvements — for example, maintaining signalized intersections in the near term while evaluating roundabouts for the future.
2. Strong Support for Pedestrian and Bicycle Safety Improvements Across groups, there was consistent agreement on the need to improve conditions for people walking and biking.
Common priorities included:
• Wider sidewalks
• Safer and more visible pedestrian crossings
• Enhanced bike safety infrastructure
• Shaded streets with additional trees
• Better connections between residential areas and downtown destinations Participants emphasized that infrastructure changes should make downtown feel more comfortable and accessible for everyday trips.
EXHIBIT C
18 City of Marina
Downtown Community Workshop Summary
4 3. Streetscape and Beautification as Key Infrastructure Elements Residents viewed landscaping and visual improvements as essential components of infrastructure investment.
Suggestions included:
• Tree planting and shade improvements
• Streetscape beautification
• Simplifying roadway design to reduce visual clutter
• Enhancing the overall look and feel of corridors
Many participants noted that aesthetic improvements could help downtown feel more inviting while also supporting economic vitality.
4. Corridor-Specific Considerations
Participants distinguished between infrastructure needs on different streets, particularly between Reservation Road and Del Monte Boulevard.
Some feedback suggested:
• Reservation Road may require more significant safety and circulation changes • Del Monte Boulevard may benefit from more modest or targeted improvements This reflects a desire for context-sensitive design rather than one uniform solution across corridors.
Conclusion
The workshop reinforced a clear direction from the community: future improvements to the Reservation Road and Del Monte Boulevard corridors should prioritize safety, walkability and overall quality of experience, while remaining consistent with Marina’s character. Participants also emphasized the importance of taking action in the near term, alongside continued planning for larger, long-term investments.
This input will help inform the City’s ongoing efforts to refine priorities, evaluate options and consider next steps in a way that reflects community values and supports a vibrant, functional downtown.
EXHIBIT C
19 EXHIBIT D
The DVSP Amendments parts 1 and 2 are saved at link:
https://cityofmarina.org/201/Downtown-Vitalization.
20 July 30, 2026 Item No. 11b
Mayor and Member of the City Council Meeting
City Council of August 5, 2026
THE CITY COUNCIL TO HOLD A PUBLIC HEARING INTRODUCING
ORDINANCE NO. 2026 -, IN SUPPORT OF HOUSING ELEMENT PROGRAM 1.4 BY ADDING SECTION 17.51 (RELIGIOUS AND INSTITUTIONAL HOUSING OVERLAY) TO TITLE 17 (ZONING CODE) OF THE CITY OF MARINA MUNICIPAL CODE; AND FIND THESE ACTIONS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.
RECOMMENDATION
1. Adopt a motion introducing Ordinance No. 2026, amending Title 17 (Zoning Ordinance) to implement Program 1.4 of the Housing Element.
2. Find that adoption of the ordinance is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
On April 11, 2024 , the California Department of Housing and Community Development (State HCD) certified the City of Marina’s Housing Element. Since that time, City staff have endeavor ed to take specific steps to implement the Sixth Cycle Housing Element. In 2026 , approximately six separate actions will be required to be completed by the end of the calendar year. One action is the implementation of Program 1.4 of the Housing Element which mandates a zoning text amendment in support of Assembly Bill 1851 (AB 1851) and Senate Bill 4 (SB 4).
ANALYSIS
Program 1.4 Affordable Housing on Faith Based Properties Several cities throughout the United States have explored the concept of developing underutilized religious land to create housing for their communities. Oftentimes, religious institutions are located on large parcels of land, with ample parking lots or open spaces. As housing costs increase, these underutilized lots can be transformed into much -needed affordable housing developments for local community members. The City of Marina can use these housing units to meet their Regional Housing Needs Allocation (RHNA) requirement. For religious organizations in the Marina community, this concept also benefits them gr eatly. Most of the potential properties for this project are located centrally or in residential areas, with easy accessibility to transit stops.
The proposed Religious and Institutional Housing Overlay Zone (RIHO) facilitates the development of affordable housing for very low -income and low -income households on properties owned by religious institutions, institutions of higher education, and other public or quasi -public institutions.
The RIHO implements Program 1.4 of Marina’s 6th Cycle Housing Element a nd complies with California Government Code Sections 65913.16 ( SB 4), 65913.4, and 65913.6, which require jurisdictions to permit housing as a use by right on lands owned by an independent institution of higher education or religious institution. The RIHO expands upon State law by allowing housing by right on a broader range of institutional sites at higher densities and establishes development standards to incentivize affordable housing and residential development on eligible properties.
CORRESPONDENCE
No applicable correspondence to this permit has been received as of July 30, 2026. 1 CONFLICT OF INTEREST
City Council members are subject to all aspects of the Political Reform Act. City Council members 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. Staff are not aware that any City Council member owns property within 500 feet of any affected sites.
Since this is a legislative act that impacts all zoning districts in which single-family and multifamily dwellings are a permitted or conditionally permitted use, the proposed RIHO is not expected to result in any material effect on City Council members’ financial interest.
EX PARTE COMMUNICATION DISCLOSURES
Adoption of an ordinance is a legislative act of the City Council and therefore ex-parte disclosure does not apply.
ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), as the adoption of the ordinance will have no reasonable possibility that the project will have a significant effect on the environmen t. Adoption of the RIHO does not itself approve any specific housing development project, does not authorize physical development on any property, and does not exempt future discretionary projects from otherwise applicable environmental review. Any potential physical environmental effects associated with housing development that is required to be approved ministerially pursuant to Government Code Section 65913.16 would result from development authorized by State law rather than from adoption of this ordinance. Projects within the RIHO that do not qualify for ministerial approval under Government Code Section 65913.16 remain subject to all otherwise applicable review procedures of the Marina Municipal Code, including environmental review pursuant to CEQA, as applicable.
CONCLUSION
This request is submitted for consideration and recommendation to the City Council.
Respectfully submitted,
________________________
Guido Persicone, AICP
Community Development Director
City of Marina
REVIEWED/CONCUR
______________________
Courtney Lindberg
Acting City Manager
City of Marina
2 ORDINANCE NO. 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 17, ARTICLE 5, OF THE MARINA MUNICIPAL CODE BY ADDING A NEW SECTION 17.51 “RELIGIOUS AND INSTITUTIONAL HOUSING OVERLAY”
WHEREAS, the City of Marina adopted its 6th Cycle Housing Element for the 2023 -2031 planning period to identify and plan for the City’s existing and projected housing needs, including the City’s Regional Housing Needs Allocation; and
WHEREAS, Program 1.4 of the City of Marina 6th Cycle Housing Element calls for the City to facilitate affordable housing opportunities on properties owned by religious institutions and institutions of higher education; and
WHEREAS, California Government Code Section 65913.16, enacted through Senate Bill 4, requires local agencies to approve qualifying affordable housing development projects on land owned by religious institutions and independent institutions of higher education through a ministerial approval process, subject to the requirements and limitations of State law; and
WHEREAS, on October 3, 2023, the City Council of the City of Marina authorized the City to accept an allocation not to exceed $85,000 from the Association of Monterey Bay Area Governments (AMBAG) through the Regional Early Action Planning Grants of 2021 program, known as REAP 2.0, to support eligible planning activities that facilitate housing production and implementation of the City’s Housing Element; and
WHEREAS, on January 23 , 2025, the City amended an existing contract dated July 28, 2022, authorizing Rincon Consultants, Inc. to prepare an Economical Housing Toolkit and to create an overlay zone to implement Programs 2.3 and 1.4 of the City’s Housing Element respectively; and
WHEREAS, on March 26, 2026, at a duly noticed public hearing, the Planning Commission received written and verbal testimony regarding the Religious and Institutional Housing Overlay and recommended adoption of the proposed ordinance to the City Council on the condition that Staff adjust the language of the Intent section of the ordinance, reduce the maximum unit size allowed in projects which do not provide 100% deed restricted units, reduce the maximum density allowed in residential zones to 25 dwelling units per acre, and to add language to provide for public meetings for projects proposed pursuant to the Religious and Institutional Housing Overlay to the extent allowed by State law; and
WHEREAS, the Religious and Institutional Housing Overlay is intended to establish local development standards and procedures that implement applicable State law, provide clarity to property owners and project applicants, and facilitate affordable housing on eligible institutional properties; and
WHEREAS, projects that qualify for approval pursuant to Government Code Section 65913.16 are subject to the ministerial approval provisions of that statute and the Religious and Institutional Housing Overlay; and
WHEREAS, projects within the Religious and Institutional Housing Overlay that do not qualify for ministerial approval under Government Code Section 65913.16 remain subject to all otherwise applicable review procedures of the Marina Municipal Code, including environmental review pursuant to the California Environmental Quality Act, as applicable; and
3 WHEREAS, adoption of the Religious and Institutional Housing Overlay does not itself approve any specific housing development project, does not authorize physical development on any property, and does not exempt future discretionary projects from otherwise applicable environmental review; and
WHEREAS, the City Council finds that adoption of the Religious and Institutional Housing Overlay is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the common -sense exemption, because it can be seen with certainty that there is no possibility that adoption of the ordinance itself would have a significant effect on the environment; and
WHEREAS, any potential physical environmental effects associated with housing development that is required to be approved ministerially pursuant to Government Code Section 65913.16 would result from development authorized by State law rather than from adoption of this ordinance; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Ordinance are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Ordinance; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council’s decision are located in the Office of City Clerk; and Now, therefore, the City Council of the City of Marina does find and ordain as follows:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that adoption of the Ordinance itself would have a significant effect on the environment. The Ordinance establishes zoning standards and procedures to implement State law and the City’s Housing Element, does not approve any specific development project, and does not authorize physical development. Projects that qualify for ministerial approval under Government Code Section 65913.16 shall be processed in accordance with that statute. Projects that do not qualify for ministerial approval under Government Code Section 65913.16 shall remain subject to all otherwise applicable review procedures of the Marina Municipal Code and environmental review pursuant to CEQA, as applicable.
SECTION 3. Amendment of the Code. New Chapter 17.51, “Religious and Institutional Housing Overlay,” is added to Title 17 of the Marina Municipal Code to read as follows:
17.51 Religious and Institutional Housing Overlay.
17.51.010 Purpose and Intent.
The Religious and Institutional Housing Overlay Zone (RIHO) facilitates the development of affordable housing for very low -income and low -income households on properties owned by religious institutions, institutions of higher education, and other public or quasi -public institutions.
Many of these properties have portions of underutilized land, parking areas, or open space that may provide opportunities for housing development while allowing continued institutional use. The 4 RIHO implements Program 1.4 of Marina’s 6th Cycle Housing Element and helps address the City’s Regional Housing Needs Allocation (RHNA). State law, including California Government Code Sections 65913.16 (Senate Bill 4), 65913.4, and 65913.6, requires jurisdictions to permit qualifying housing developments as a use by right on lands owned by religious institutions and independent institutions of higher education through a ministerial approval process, which limits local discretion to prohibit such development. This overlay zone establishes local development standards to implement these state requirements and provide clarity to property owners and project applicants.
The RIHO modifies local development standards to allow higher -density housing on a broader range of institutional sites and to encourage the development of affordable housing while maintaining compatibility with surrounding neighborhoods.
17.51.020 Applicability.
A. The RIHO shall apply to properties in the City of Marina listed in Table 1 that were owned on or before January 1, 2024, by one or more of the following categories of institutions:
1. Independent institutions of higher education;
2. Religious institutions;
3. Quasi-public community institutions, including but not limited to lodges, clubs, fraternal or benevolent organizations, community centers, and recreational centers.
Table 1
Institution Address APN Underlying Zone
Holy Assembly Missionary
Baptist
3305 Abdy Way 033072007000 R-1
Marina Tabernacle - Church God
of Prophecy
226 Carmel Ave 032302026000 DVSP MFR
Canaan Korean United Methodist 281 Beach Rd 175011032000 Marina Station Specific Plan
Calvary Baptist 160 Seaside Cir 033182006000 R-1
Marina First Assembly of God 3185 De Forest Rd 032482022000 R-1 Basileia Ministries Monterey Bay 192 Paddon Pl 033141031000 DVSP MFR First Baptist Church of Marina 234 Carmel Ave 032302022000 DVSP MFR First Baptist Church of Marina 234 Carmel Ave 032302021000 DVSP MFR Marina Church of Christ 219 Cypress Ave 032311011000 DVSP Transition St Judes Catholic Church 303 Hillcrest Ave 032282074000 R-1 Compass Church Marina 3131 Crescent Ave 032171031000 DVSP Core Eastern Presbyterian Church 476 Reservation Rd 032131002000 DVSP Transition Epiphany Lutheran and Episcopal 425 Carmel Ave 032232047000 R-1 Community of Christ 414 Reindollar Ave 032383053000 R-1 Korean First Presbyterian 285B Carmel Ave 032201019000 DVSP MFR Kingdom Hall of Jehovah
Witnesses
3319 Abdy Way 033021010000 R-1
YoungNak Presbyterian Church
of Monterey
235 10th St 031251020000 SP-UV
Central Coast Baptist 249 10th St 031251010000 SP-UV
Chua Uu Dam Buddhist Temple 3204 Eucalyptus St 032082032000 R-1 Iglesia Ni Cristo 3229 De Forest Rd 032071090000 R-1
American Legion Post 694 694 Legion Way
#694
033011010000 C-1
5 B. Properties not zoned R -1 must meet the Enhanced Affordability Standard as defined in Section
17.51.050 (B)(1) to use the RIHO standards.
C. Properties zoned R-1 may elect to provide affordable housing units in accordance with either:
1. The Enhanced Affordability Standard as defined in Section 17.51.050 (B)(1) of this Chapter subject to the Development Standards listed in Section 17.51.060 (A)(1) of this Chapter; or
2. The citywide inclusionary housing requirement as defined in Section 17.48.030 subject to the Alternative Development Standards listed in Section 17.51.060 (A)(2) of this Chapter.
17.51.030 Permitted Uses.
A. The RIHO permits all uses allowed under the underlying zoning and the following uses:
1. Single-family residences
2. Duplex / Two-family residences
3. Multiple-family dwellings;
4. Bungalow court or grouped dwellings;
5. Condominiums shall be allowed in accordance with the standards allowed in Chapter 17.66;
6. Accessory dwelling units pursuant to the provisions of Section 17.42.040;
7. Senior housing;
8. Home occupations pursuant to Section 17.42.110;
9. Efficiency units, as defined by Cal. Health and Safety Code § 17958.1;
10. Childcare centers, recreational, social, or educational facilities operated by community - based organizations are allowed as a ground -floor ancillary use for projects that meet requirements as defined by Government Code § 65913.6.
11. Transitional housing pursuant to Section 17.04.711;
12. Supportive housing pursuant to Section 17.04.698;
13. Emergency shelters pursuant to Section 17.04.292.
17.51.040 Application and Review.
A. Housing development projects meeting RIHO standards are subject to and the following application filing requirements:
1. Form of Application. An application for a project approval shall be completed on a form provided by the Planning Department.
2. Environmental Review of SB4 Qualifying Applications. Projects proposed within the Religious and Institutional Housing Overlay District that qualify for approval pursuant to California Government Code Section 65913.16 shall be processed in accordance with the ministerial approval provisions of that statute and this chapter.
3. Environmental Review of applications which do not qualify for approval under SB4. Projects within the Overlay District that do not qualify for ministerial approval under Government Code Section 65913.16 shall be subject to all otherwise applicable review procedures of the Municipal Code. Such projects shall require environmental review in accordance with the California Environmental Quality Act, including preparation of the appropriate environmental documentation (e.g., exemption, negative declaration, mitigated negative declaration, or environmental impact report) as determined by the City. Approvals for a project not qualifying under Government Code Section 65913.16 shall not be granted until the City has completed the required environmental review pursuant to CEQA. 6 4. Ministerial Approval. Administrative approval is ministerial in nature and may be conducted at the staff level under the general direction of the Community Development Director. A public community meeting prior to filing an application is required to the extent allowed by state law. Approval shall be granted by the Community Development Department only when the permit application contains sufficient information for the Community Development Department to verify that the proposed use will be consistent with the standards outlined in this subsection. No building, grading or other construction permit shall be issued by the responsible department until the administrative approval process has been conducted by the planning department. Compliance with the requirements of this section shall not, however, waive any additional requirements for compliance such as an application for a lot line adjustment, merger of parcels, or subdivision in conjunction with approval of an application.
A separate application for the lot line adjustment, merger of parcels, or appropriate subdivision map shall proceed in accordance with Title 16.
5. Approval. The Community Development Director shall approve any application that complies with all requirements of this section.
6. Notice of Decision. A notice of decision shall be sent to both the applicant and the applicant’s representative (as shown on the application) via first-class mail and postage prepaid or email and shall be provided to any person who has made a written request for a copy of the decision. The decision of the Community Development Director shall be final and conclusive.
7. Expiration of Administrative Review. Within two years of the date of approval by the Community Development Director, construction shall have commenced or the approval shall become null and void. A one -year extension may be granted by the Community Development Director for good cause if the project is compliant with the original approval.
17.51.050 General Regulations.
A. Relationship to State Density Bonus Law.
1. At the discretion of the applicant, the incentives provided pursuant to the RIHO may be combined with the incentives provided pursuant to state density bonus law California Government Code Section 65915, as may be amended.
B. Affordable Housing Requirements.
1. Enhanced Affordability Standard. One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, are for lower income households, as defined by Chapter 17.48.060 Affordable Housing Standards, except that up to 20 percent of the total units in the development may be for moderate-income households, and 5 percent of the units may be for staff of the institution that owns the property. Units in the development shall be offered at affordable housing cost or affordable rent, as set in an amount consistent with Chapter 17.48.060 Affordable Housing Standards. The rent or sales price for a moderate - income unit shall be affordable and shall not exceed 30 percent of income for a moderate - income household or homebuyer for a unit of similar size and bedroom count in the same ZIP Code in the city.
7 2. Exception. Proposed developments on properties with an underlying zoning district of R -1 using Alternative Development Standards defined in Section 17.51.060 (A)(2) of this Chapter may provide affordable housing units pursuant to Chapter 17.48.030 Inclusionary Housing.
3. Agreement. Prior to issuance of building permits, the applicant shall execute an agreement with the City. The agreement shall be in a form approved by the City Attorney and executed by the City Manager without further review. It shall require affordability of the affordable dwelling units for a period of not less than fifty -five years for units that are rented and forty- five years for units that are owner occupied and shall be recorded with the County Recorder.
C. Required Parking for Existing Institutional Uses.
1. Definition. “Institutional-use parking spaces” means off-street parking required for an existing institutional use or for a proposed institutional use, including independent institutions of higher education, religious institutions, and quasi -public community institutions. Quasi-public community institutions include but are not limited to lodges, clubs, fraternal or benevolent organizations, community centers, and recreational centers.
2. Parking Reductions. The reduction or elimination of institutional -use parking spaces to accommodate a proposed housing development pursuant to this chapter shall not exceed:
a. For an existing institutional use to be retained: 50 percent of the number of institutional - use parking spaces available at the time of the request. b. For a newly constructed institutional use: 50 percent of the number of parking spaces required for the institutional use.
17.51.060 Development Standards.
A. For a housing development project developed in accordance with this Chapter, the following standards shall apply. A property owner may elect to develop the site under the underlying zoning district, in which case the standards of that district shall govern.
1. Development Standards for Projects meeting the Enhanced Affordability Standard. Projects that comply with the Enhanced Affordability Standard shall meet the following development standards:
a. Maximum Density. The maximum density shall be the greatest of the following:
i. The maximum density allowed by the property’s underlying zoning district; ii. The maximum density allowed by the underlying zoning district of any adjoining parcel;
iii. 25 dwelling units per acre for properties with a residential underlying zon ing district; or
iv. 50 dwelling units per acre for properties with a non -residential underlying zon ing district.
b. Maximum Building Height. The maximum building height shall be the great er of the following:
i. One story, or 11 feet, above the maximum height allowed by the property’s underlying zoning district, or
ii. The maximum height allowed by the underlying zoning district of any adjoining parcel.
c. Setbacks. Front, side, and rear setbacks shall be those of the underlying zoning district. 8 d. Site Coverage. The greater of the maximum site coverage of the underlying zone or 70%.
e. Off Street Parking. Off-street parking for residential units developed pursuant to this chapter shall be provided at the following rates.
i. One off-street parking space per dwelling unit is required. ii. No off-street parking shall be required if the property is located within one -half mile walking distance of public transit, either a high -quality transit corridor or a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code.
f. Total Open Space Required. Developments shall provide the lesser of the minimum required by the underlying zone or 200 square feet of open space per dwelling unit.
Open space may be provided as private or common open space or combination thereof. g. Design Standards. Housing development projects, as defined in Chapter 17.04, Definitions, shall comply with the City of Marina Residential Mixed -Use Objective Design Standards unless located within a Specific Plan area, in which case, the development shall be subject to the design standards of that Specific Plan.
2. Alternative Development Standards. Projects on sites where the underlying zoning district is R-1 and providing affordable housing units pursuant to Chapter 17.48.030 Inclusionary Housing shall be subject to the following development standards:
a. Maximum Density. 18 dwelling units per acre.
b. Maximum Building Height. 30 feet.
c. Setbacks. Front, side, and rear setbacks shall be those of the underlying zoning district. d. Site Coverage. The greater of the maximum site coverage of the underlying zone or 55%.
e. All units shall be subject to the following maximum gross floor areas, exclusive of parking areas, open decks and patios:
i. 800 square feet for a one-bedroom or studio unit;
ii. 1,200 square feet for a two-bedroom unit;
iii. 1,500 square feet for a three-or-more - bedroom unit. f. Off Street Parking. Off-street parking for residential units developed pursuant to this chapter shall be provided at a rate of one off-street parking space per dwelling unit. g. Total Open Space Required. Developments shall provide a minimum of 200 square feet of open space per dwelling unit. Open space may be provided as private or common open space or combination thereof.
h. Design Standards. Housing development projects, as defined in Chapter 17.04, Definitions, shall comply with the City of Marina Residential Mixed -Use Objective Design Standards unless located within a Specific Plan area, in which case, the development shall be subject to the design standards of that Specific Plan.
SECTION 4. Severability. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
9 SECTION 5. Implementation. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting duly held on the 5 th day of August 2026, and was passed and adopted by the City Council of the City of Marina at a regular meeting duly hold on the ____ day of September 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
Bruce Delgado, Mayor
ATTEST:
_________________________________
Anita Sharp, Deputy City Clerk
10 August 1, 2026 Item No. 11c
Honorable Mayor and Members of the City Council Public Hearing City Council of August 5, 2026
CITY COUNCIL TO CONSIDER ADOPTING VARIOUS RESOLUTIONS AND
AN ORDINANCE IN ORDER TO IMPLEMENT HOUSING ELEMENT
PROGRAMS 1.2, 6.1 and 9.2 AND FIND SAID ACTIONS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE COMMON -SENSE EXEMPTION
PER § 15061(B)(3) OF THE CEQA GUIDELINES.
RECOMMENDATION: That the City Council consider taking the following actions:
1. Adopt Resolution 2026 -, approving City of Marina Anti-Displacement Strategy addressing Housing Element implementation and advancing housing protections for residents most vulnerable to housing market pressures;
2. Adopt Resolution 2026 -, advancing energy efficiency for housing and residential development;
3. Conduct the first reading of an ordinance approving amendments to Title 17 of the City of Marina Municipal Code, adding Section 17.48.050 ( Replacement Housing) and Section 17.04.214 (Demolition) to implement Housing Element Program 1.2; and
4. Find that the proposed measures, including Municipal Code revisions, are exempt from further environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
The City of Marina Housing Element constitutes one of nine required elements of its General Plan, incorporating an analysis of the community’s housing needs and promulgating actionable policies, programs, and strategies to ensure provision of safe, affordable housing stock for residents of all income levels.
Certification of the City of Marina 2023-2031 (6th Cycle) Housing Element on April 11, 2024 by the State Department of Housing and Community Development (HCD), demonstrates that the City has adequately planned to fulfill the community’s existing and projected housing needs, including its fair share of the Regional Housing Need Allocation (RHNA) through the duration of the 6 th Housing Cycle (2023 -2031). To ensure ongoing compliance, the City is required to report its progress in attainment of stated goals of the Housing Element through filing of an Annual Progress Report (APR) with HCD.
Planning Commission Review
To this end, on May 28, 2026, and June 11, 2026, the Planning Commission held public hearings, accepting public testimony and considering a range of strategies for implementing Housing Element programs. On May 28, the Planning Commission adopted PC Resolution 2026 -, approving the City of Marina Anti -Displacement Strategy addressing Housing Element implementation and advancing housing protections for residents most vulnerable to housing market pressures. At the same hearing, the Commission adopted PC Resolution 2026 -02, approving the City of Marina Energy Efficiency Strategy to promote energy efficiency and further implementation of Housing Element Program 6.1 , with a friendly amendment that staff return to the Commission at a future date to discuss the topic of energy efficiency in greater depth. Links to the staff report and resolution related to the Anti-Displacement Strategy and Energy Efficiency Strategy can be found as Attachment A and Attachment B, respectively. 1 Thereafter, on June 11, 2026, the Planning Commission adopted PC Resolution 2026 -, recommending to the City Council approval of amendments to the Municipal Code to implement Housing Element Program 1.2 and ensure ongoing compliance with California State Assembly Bill (AB) 1397 . Relevant documents can be found via Attachment C. In its review of the aforementioned items, the Planning Commission requested no substantive change(s) to any of the Housing Element implementation strategies as presented by staff.
Role of the City Council
The City’s Housing Element contains an Action Plan espousing a number of programs intended to effectuate its goals of provision of housing for occupants at all income levels, as required by State Law. Pursuant to such requirements, t he City Council is requested to accept the Planning Commission’s recommendations and consider adopting the enclosed Resolutions and Ordinance to ensure attainment of its Housing Element goals, as described further below.
ANALYSIS
Housing Element Program 9.2
Anti-displacement is a term used to describe policies and actions intended to support existing residents’ ability to remain living and working in a community during periods of change in the housing market and local economy. Such policies may address housin g affordability, tenant protections, preservation of existing units, replacement of units removed, relocation assistance, financing strategies, employment stability, resident outreach, and similar approaches. Anti - displacement strategies seek to reduce inv oluntary moves and promote housing stability for residents who are most vulnerable to market pressures.
The City’s Housing Element recognizes displacement as a barrier to achieving housing goals and advancing equity. Pursuant to California Assembly Bill 686 (2018), jurisdictions are required to Affirmatively Further Fair Housing (AFFH) by addressing housing disparities and barriers to housing opportunity. Anti -displacement strategies constitute an essential component of AFFH goals and implementation. The Anti-Displacement Strategy adopted by the Planning Commission on June 11, 2026, and available via Attachment “A”, is presented to the City Council for review and acceptance.
Housing Element Program 6.1
Energy efficiency refers to the ratio of useful energy output (or service provided) to energy input in accomplishment of tasks. Stated simply, energy efficiency focuses on reducing energy waste to maximize output with minimum consumption , often through the strategic use of building technology.
In the context of Housing Element implementation, promotion of energy efficiency accomplishes several key aims. Implementation of green building standards improves air quality and building safety, prolonging the useful life of structures in new constructio n and contributing to the preservation of existing housing stock. Reduction in operating expenses simultaneously reduces overall housing costs, allowing residents to remain in their homes, preventing displacement and offsetting the risk of homelessness of low -income residents. Actions such as implementation of green building standards, upgrade of insulation, and installation of energy-efficient equipment, collectively lower reliance on external energy sources and minimize vulnerability to fluctuating energy prices, critical for furthering housing stability in low-income populations.
The City seeks to form a cohesive Energy Efficiency Strategy advancing the attainment of Housing Element Policy 6 and Program 6.1. The Energy Efficiency Strategy as adopted by the Planning Commission on June 11, 2026, can be found linked via Attachment B.
2 Housing Element Program 1.2
The City’s 2023-2031 (6th Cycle) Housing Element recognizes the detrimental effects of loss of existing housing units affordable to lower -income households and acknowledges the associated impacts to the community’s broader aim of provision of housing at a range of income levels for the residents of Marina. Accordingly, Housing Element Program 1.2 affirms the City’s intention of facilitating construction of replacement residential units offsetting those lost to demolition in accordance with State Law, including Assembly Bill (AB) 1397; additionally, Program 1.2 directs the City to take several actions.
In order to ensure conformance with Assembly Bill 1397, Program 1.2 requires that land located in the City’s sites inventory that has ever been developed with housing and, in the past five years, either 1) has been occupied by a lower-income household or 2) has been subject to an affordability requirement for lower-income households, must be replaced by units for lower-income households (households of 80% or less of AMI).
To implement the Housing Element Program above, staff recommend that, as the first of several actions, the City’s Municipal Code be amended to add Section 17.48.050, adopting the provisions of AB 1397 by reference and incorporating the text as follows in italics:
Section 17.48.050 (Replacement Housing)
California State Assembly Bill 1397, amending Sections 65580, 65583, and 65583.2 of the Government Code, as may be further amended, is adopted by reference.
All replacement housing requirements, including those applicable to development, redevelopment, or modification of non-vacant sites, pursuant to California State Assembly Bill 1397 and California State Senate Bill 330 (Housing Crisis Act of 2019), as may b e amended, shall be provided as necessary to fulfill the City’s obligation of Regional Housing Needs Allocation.
A Draft Ordinance, including the above language, is attached to this report.
Second Required Action
The second action listed in Program 1.2 appears as follows:
Monitor development on non -vacant sites identified in Appendix C and ensure that any development, as a condition of project approval, replace the existing units occupied by or deed - restricted for occupancy by lower income households are replaced.
In response to the above, the City’s Standard Conditions of Approval have been revised to include the following, which will be imposed as a condition of approval for any applicable project:
Development of the subject project site, which constitutes a non -vacant site identified in Appendix C of the 6th Cycle Housing Element (2023-2031), shall 1) provide housing units replacing those approved to be demolished, with any such replacement residential units occupied by a lower-income household, or shall 2) be deed-restricted for occupancy by lower-income households for a minimum period of 55 years following the granting of final occupancy permit, as required for consistency with the requirements of Assembly Bill 1397, Senate Bill 330, and, as applicable, State Density Bonus Law , as any such law shall be amended.
3 Definition of Demolition
In consideration of measures to advance Housing Element implementation and prevent displacement of Marina residents, staff recognize that the City’s Municipal Code currently contains no definition for “demolition”. Because Housing Element Program 1.2 serves to ensure compliance with AB1397 and provide housing to replace structures demolished, staff additionally recommend that the City’s Municipal Code be amended to add Section 17.04.214, “Demolition”, as follows:
“Demolition” means the d estruction of fifty percent or more of the exterior walls of a structure, measured either by lineal distance or wall surface area, whichever is less. Physical relocation of an existing structure, either within a subject property or to a separate property, shall additionally constitute demolition.
The Draft Ordinance, including the above language, can be found attached to this report.
SUMMARY
The City of Marina’s Housing Element establishes a clear commitment to furthering displacement prevention, advancing fair housing, and fostering residential stability. The actions recommended in this memorandum provide a framework for implementation of various strategies which facilitate the attainment of the intended outcomes of Housing Element programs 9.2, 6.1, and 1.2. By adopting approaches such as those referenced herein, the City can transform policy adoption into measurable, beneficial results, ensuring that Housing Element commitments effectuate tangible protections and resources for residents. Implementing such recommended measures will assist the City in fulfilling State-mandated requirements, supporting vulnerable populations, and promoting long-term stability of the Marina community through the life of the existing Housing Element and far beyond.
ENVIRONMENTAL REVIEW
The actions taken to advance implementation of the City’s Housing Element will not have a physical impact on the environment and are covered by the common -sense exemption per Sec. 15061(b)(3) of the CEQA Guidelines.
CONCLUSION
Referenced Housing Element implementation measures, including recommended Amendments to the Municipal Code, are submitted for City Council consideration and action.
Respectfully submitted,
_________________________
Timothy Maier, AICP
Planning Services Manager
City of Marina
REVIEWED/CONCUR:
_________________________
Guido Persicone, AICP
Director, Community Development Dept.
City of Marina
REVIEWED/CONCUR:
Courtney Lindberg
Interim City Manager
City of Marina
4 Attachment A
May 28, 2026 Planning Commission Report
Anti-Displacement Strategy
https://www.cityofmarina.org/AgendaCenter
5 Attachment B
May 28, 2026 Planning Commission Report
Energy Efficiency Strategy
https://www.cityofmarina.org/AgendaCenter
6 Attachment C
June 11, 2026 Planning Commission Report
Housing Element Program 1.2
Implementation
https://www.cityofmarina.org/AgendaCenter
7 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA ACCEPTING
PLANNING COMMISSION ADOPTION OF THE CITY OF MARINA ANTI -
DISPLACEMENT STRATEGY , FACILITATING HOUSING ELEMENT
IMPLEMENTATION AND ADVANCING HOUSING PROTECTIONS FOR RESIDENTS MOST VULNERABLE TO HOUSING MARKET PRESSURES. THE ANTI-DISPLACEMENT
STRATEGY IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE COMMON - SENSE EXEMPTION PER § 15061(B)(3) OF THE CEQA GUIDELINES.
WHEREAS, the City of Marina’s 6th Cycle Housing Element, adopted on December 5th, 2023, identifies displacement as a barrier to achieving its housing goals; WHEREAS, pursuant to Assembly Bill 686 , the City of Marina is required to Affirm Fair Housing by addressing housing disparities and barriers, including resident displacement;
WHEREAS, Housing Element Program 9.2 establishes anti -displacement goals , but additional implementation actions are necessary;
WHEREAS, City staff have conducted research and outreach related to resident displacement and have identified implementable actions to reduce displacement pressures;
WHEREAS, on May 28 , 2026, at a duly -noticed public hearing, the Planning Commission accepted public testimony, and, following deliberation, adopted the anti -displacement implementation actions , attached as Exhibit “D”, as a framework for advancing the Housing Element’s anti-displacement goals;
WHEREAS, the Anti -Displacement Strategy will not have a physical impact and is exempt under the common-sense exemption in accordance with Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, the adopted Anti-Displacement strategy is presented to the City Council for informational purposes and to provide the opportunity for Council feedback.
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Planning Commission’s adoption of the Anti-Displacement Strategy facilitating Housing Element implementation and advancing housing protections for residents most vulnerable to housing market pressures.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 5th day of August 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
Bruce Delgado, Mayor
ATTEST:
_____________________________
Anita Shepherd-Sharp
Deputy City Clerk
8 City of Marina Exhibit “D”
Anti-Displacement Strategy
The following actions collectively constitute the City’s Anti-Displacement Strategy, aligned with existing Housing Element Program 9.2 focused on housing preservation, affordability, and resident stability. These actions are intended to further adopted goals without altering the substance of the Housing Element.
1. Partner with nonprofits serving underserved residents to share information on fair housing, tenant rights, and housing resources .
Leveraging trusted community partners helps reach populations identified in the Housing Element as at risk of displacement. The City will designate a liaison to affordable housing advocacy groups, such as Ecumenical Association for Housing ( EAH Housing), Habitat for Humanity, Community Homeless Solutions, and ECHO Housing, in order to enhance City-stakeholder coordination.
2. Develop a community engagement strategy to disseminate information on tenant rights, rental assistance programs, and protections .
Coordinated engagement strategies advance Housing Element programs related to tenant education and housing stability, ensuring consistent implementation across outreach efforts. In coordination with ECHO Housing, City staff will provide information providing resources regarding tenant rights, rental assistance programs, and potential locations for relocation; post all applicable documents on the City’s website; and distribute out reach materials through in -person community engagement events, such as staff’s visits to the farmer’s market, community workshops, and similar.
3. Partner with a housing share service to promote and support Marina’s aging population.
Supporting housing options for seniors to age in place helps to reduce displacement among fixed-income households. The City will identify and promote house-sharing programs and opportunities, such as available through Home Match Monterey, and make relevant outreach information available on the City’s website.
4. Address corporate ownership of housing.
Rising rates of housing stock ownership by large corporations may induce adverse impacts to those seeking affordable housing opportunities. The City may consider studying, and subsequently taking action to address, for -profit institutional ownership of ren tal housing stock, which research has demonstrated often results in comparatively higher rents, greater likelihood for levying of ancillary fees beyond base rates, increased eviction filings, and propensity for neglected maintenance due to corporations’ focus on maximizing profits for shareholders.
5. Protect affordable units at risk of conversion to market rate by partnering with the Housing Authority of the County of Monterey (HACM) and other affordable housing providers.
Protecting existing deed -restricted units at risk of conversion to market -rate units due to expiring covenants, property owner buy -out, and the like prevents the loss of naturally - affordable units and helps to maintain long-term affordability. The City may consider a number of strategies for protecting existing affordable residences, such as 1) providing a platform for public input (such as public hearings or a comment period) during a specified time period, such as 12 months, following the time a property owner gives notice with intent to discontinue subsidies or expiration of rent restriction and 2) coordinating early to identify sources of financing to enable non-profit ownership.
9 6. Restrict the conversion of lower-income housing units to short-term rentals (STRs) to preserve long-term rental availability.
Preserving the number of long-term rental units helps to stave off the reduction of available housing stock utilized for short -term or vacation rental housing not contributing to the supply of housing for residents of Marina. The City may consider strength ening its short- term rental ordinance (MMC Section 17.06.160) to set a maximum number of STRs citywide.
7. Enact anti-retaliation policies for affordable housing tenants to prevent displacement resulting from enforcement or tenant -landlord disputes .
Supporting tenant protections and fair housing enforcement to shield tenants from the effects of unwarranted evictions reduces involuntary displacement. The City will consider adoption of a just-cause eviction ordinance or policy in order to protect tenants from arbitrary, discriminatory or retaliatory evictions, while ensuring that landlords can lawfully evict tenants when justified.
8. Pursue outside funding and partnerships to preserve or acquire naturally affordable units through community ownership models or nonprofit acquisition.
Emphasizing long-term affordability and stability can be facilitated through non-market ownership models. The City may consider adoption of an ordinance or policy promoting the formation of Community Land Trusts (CLTs) to permanently preserve affordable ownership housing for low - and moderate -income familie s. Strategies may include 1) consideration of donation, or sale at a discount, of land and/or buildings from the City’s inventory to a community land trust ; 2) support of the development of CLT homes by reducing or waiving application and impact fees; 3) relaxation of zoning requirements for parking supply, lot coverage, or similar such development standards; and/or 4) making available similar regulatory concessions.
9. Relocation benefits and right of first return (first right of refusal).
Although existing State Law includes protections for residents of deed-restricted affordable units, the City may consider adopting an ordinance providing relocation benefits, such as payment of two months’ rent, and offering of a right of first refusal, to occupant(s) of any non-deed-restricted (i.e. market-rate) unit proposed to be demolished.
10. Return of Foreclosed Properties to the Lower Income Supply.
Incentivizing purchase of foreclosed properties by affordable housing advocacy organizations can retain distressed properties as housing resources for the Marina community.
11. Preservation of Expiring Use Properties.
The City may consider requiring provision of a platform for public input (such as public hearings or a comment period) during a set period, such as 12 months, following the time that a property owner gives notice of intent to discontinue subsidies or prior to expiration of rent restriction.
12. Provide information regarding programs which promote homeownership.
Supporting homeownership holds many benefits to both residents as well as municipalities.
Homeowners build equity, experience financial stability through predictable mortgage payments, and enjoy freedom of property improvement and renovations not available to renters. Similarly, homeownership benefits the City through fostering a more stable population exhibiting increased civic engagement, tendency for increased property improvement and upkeep, community pride and organizational involvement, and similar attributes which facilitate the betterment of Marina. To further homeownership, the City may identify, develop, and make available information regarding grants, loans, and first - time homebuyer assistance programs and post such information on the City’s website.
10 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA, ACCEPTING
PLANNING COMMISSION ADOPTION OF THE CITY OF MARINA ENERGY
EFFICIENCY STRATEGY, FACILITATING HOUSING ELEMENT IMPLEMENTATION AND ADVANCING ENERGY CONSERVATION . ADOPTION AND IMPLEMENTATION
OF AN ENERGY EFFICIENCY STRATEGY IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE COMMON-SENSE EXEMPTION PER § 15061(B)(3) OF THE CEQA GUIDELINES.
WHEREAS, the City of Marina’s 6 th Cycle Housing Element, adopted on December 5 th, 2023, identifies energy conservation as a tool to achieving its sustainability goals; WHEREAS, Housing Element Program 6.1 establishes energy conservation and efficiency objective sand achievable measures, but additional implementation actions are necessary;
WHEREAS, City staff has conducted research and outreach related to energy efficiency and has identified implementable actions to improve energy efficiency; and
WHEREAS, on May 28, 2026, at a duly -noticed public hearing, the Planning Commission accepted public testimony, and, following deliberation, adopted the Energy Efficiency Strategy as a framework for advancing the Housing Element’s energy efficiency implementation actions and broader housing preservation and production efforts;
WHEREAS, the Energy Efficiency Strategy will not induce any detrimental environmental impact, but, rather, lead to beneficial environmental outcomes, and is exempt under the common- sense exemption in accordance with Section 15061(b)(3) of the CEQA Guidelines;
WHEREAS, the adopted Energy Efficiency Strategy, attached as “Exhibit E” is presented to the City Council for informational purposes and to provide the opportunity for Council feedback;
NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Planning Commission’s adoption of the Energy Efficiency Strategy as a framework for advancing the Housing Element’s energy efficiency implementation actions and broader housing preservation and production efforts; and
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 5th day of August 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
Bruce Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
11 City of Marina Exhibit “E”
Energy Efficiency Strategy
The City of Marina Housing Element promotes community stability and enhancement of housing opportunities by promoting policies and programs supportive of energy efficiency. In order to promote the implementation of the Housing Element, on May 28, 2026, the Planning Commission adopted several approaches that will, collectively, form an Energy Efficiency Strategy guiding both new development and modification of existing structures, as described further below.
Existing City Actions to Promote Energy Efficiency
As outlined in Housing Element Program 6.1, t he City currently advances the Association of Monterey Bay Area Government (AMBAG)’s Sustainability Program by distributing information flyers at City offices and the Marina Public Library and by informing people verbally of AMBAG’s programs, aiming to provide information to minimally 20 households annually through City Council announcements, local media and the City website. Additional outreach efforts will help to effect Housing Element Policy 6 and Program 6.1, as discussed further below.
Actions to Promote Energy Efficiency
The City seeks to form a cohesive Energy Efficiency Strategy advancing the attainment of Policy 6 and Program 6.1. To this end, on May 28, 2026, the Planning Commission consider ed the following options and provided direction to staff regarding recommendations for future actions to implement, as follow:
1. Provide information regarding energy conservation and financial incentives (tax credits, utility rebates, etc.) through various means, including at the public counter, on the city’s website, at public libraries and community centers, through social media, and the like, in order to advance the community’s awareness of available programs advancing energy efficiency which will simultaneously assist in the attainment of Housing Element goals .
Providing access to information on energy conservation, coupled with financial incentives such as tax credits and utility rebates, assists in building awareness of available programs advancing energy efficiency, thus encouraging behavioral changes and inve stment in building improvements in order to minimize energy consumption while advancing environmental conservation and reducing operating costs.
City staff may create and make available flyers, translated into languages representative of community demographics, which inform about the availability of existing programs, such as the following:
• Low-Income Assistance (Weatherization): The California Department of Community Services and Development (CSD) program provides energy audits and no -cost home improvements for qualifying households, such as insulation and appliance repairs. • Utility-Specific Program: Pacific Gas and Electric Company (PG&E) provides Energy Saving Assistance (ESA) programs, which include free, energy -efficient appliances, insulation, and lighting for qualifying customers.
• Rebates and Financing
12 o Home Electrification and Appliance Rebates (HEEHRA) Phase I Program: Offers rebates for energy-efficient appliances (up to $8,000 for single-family homes). o Federal Tax Credit: Provides up to $3,200 annually for qualified energy -efficient improvements and 30% off for clean energy equipment like solar panels. o GoGreen Financing offers low-interest loans for energy efficiency upgrades. o Energy Savings Assistance Program: Provides financial incentives for upgrading to high-efficiency equipment, improving home insulation, and adopting smart energy technologies. Income -qualified customers may qualify for free weatherization upgrades.
2. Continue participation in Community Choice Aggregation and pursue the development of a Community Climate Action Plan.
Community Choice Aggregation (CCA) allows local governments to pool the electricity demands of their residents and businesses to purchase or generate power on their behalf and serves as an alternative to traditional investor -owned utility (IOU) generation , providing cleaner energy while maintaining low utility costs for customers. The City of Marina participates in CCA, the Community Choice Aggregator (CCA) for the Central Coast, including Monterey County, and may continue such participation.
The City may additionally pursue preparation of a Climate Action Plan, currently pursued as part of its General Plan and Local Coastal Program updates, which, among other elements, can identify specific policies and programs related to green building design and construction advancing energy efficiency providing more resilient structures capable of withstanding climate extremes to protect heat -vulnerable residents and introduce design approaches to lower energy costs and reduce risk from climate-related disasters.
3. Promote mixed-use development in the Downtown Vitalization Specific Plan Area near activity centers and transit routes to reduce vehicle trips and transportation energy consumption.
By requiring compact, high -density, mixed-use, and pedestrian -oriented construction, the City of Marina's Downtown Specific Plan (DVSP) encourages energy efficiency. To create a more sustainable urban core over the course of 20 years, the plan encourages, and, in some cases, mandates, implementation of green building practices, reduced-size parking facilities, improved transit accessibility, and mixing of land uses.
The City can continue to promote compact development and energy efficiency through ongoing refinement of the DVSP to lower energy consumption via promotion of judicious site planning, thoughtful building design, and advanced construction methods (such as use of modular construction techniques, 3D-printing of structures, etc.). The DVSP promotes a walkable urban form that concentrates development around Del Monte Boulevard and Reservation Road, placing a higher concentration of residences adjacent to transit facilities, advancing energy efficiency and reducing construction and heating/cooling costs which can be passed on to tenants . By implementing, and continuing to refine, the DVSP, staff can advance the cause of energy efficiency.
13 4. Adopt Municipal Code amendments promoting strategic site design techniques, including intentionality in landscape placement for enhanced energy efficiency and reducing lifetime energy costs, and encouraging use of alternative fueling systems, among other energy conservation features.
Revising the Municipal Code to encourage, or, through updates to objective design standards, requiring that new development and redevelopment projects incorporate strategic site design promote energy efficiency, can advance mindful development patterns which reduce energy costs passed on to tenants, furthering housing retention and ` preventing displacement and homelessness.
Potential techniques include solar optimization, establishment of buffer zones, and intentionality in shading and landscaping, all of which promote energy efficiency and reduce costs. For instance, passive lot orientation such as placement of a home's longest axis east- west, with its primary living areas facing south and avoidance of the casting of shadows from trees or structures, along with orientation of small-windowed spaces as buffer zones, and placement of roof overhangs for shad ing, reduces reliance on artificial heating/cooling.
Techniques include planting deciduous trees to create summer shade on east/west sides, planting evergreens as north-side windbreakers, and using shrubs to cool air around HV AC units, thereby lowering heating and cooling costs. Encouraging installation of electric vehicle (EV) charging infrastructure in multifamily developments, or, alternatively, EV- ready/EV-capable in site preparation, can reduce reliance on fossil fuel -powered transportation, with its attendant costs dedicated to gasoline purchase and use ; such can reduce overall costs which can help to prevent displacement, particularly for tenants who own all-electric or hybrid vehicles.
14 ORDINANCE 2026-
AN ORDINANCE AMENDING TITLE 17 OF THE MUNICIPAL CODE, ADDING SECTION 17.48.050 (REPLACEMENT HOUSING) AND SECTION 17.04.214 (DEMOLITION) TO IMPLEMENT HOUSING ELEMENT PROGRAM 1.2 AND FIND
THIS ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE COMMON-SENSE EXEMPTION PER § 15061(B)(3) OF THE CEQA GUIDELINES.
WHEREAS, the City of Marina’s 6 th Cycle Housing Element, adopted on December 5 th, 2023, includes Policy declaring that vacant land or property suitable for residential development or redevelopment shall be made available to meet the City’s construction needs as adopted by the Association of Monterey Bay Area Governments (AMBAG) in the Regional Housin g Needs Plan 2023 -2031 for Monterey and Santa Cruz Counties of October 12, 2022;
WHEREAS, pursuant to Assembly Bill 1397, the City of Marina is required to maintain an inventory of land which shall be made available for, and suitable to, residential development, and which shall include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the City’s housing need for each designated income level;
WHEREAS, Housing Element Policy 1 declares that the City shall e nsure that adequate vacant land or property suitable for residential development or redevelopment is available to meet the City’s construction needs as adopted by the Association of Monterey Bay Area Governments (AMBAG) in the Regional Housing Needs Plan 2023 -2031 for Monterey and Santa Cruz Counties of Oct ober 12, 2022; and to implement said policy, Program 1.2 specifies that the City shall amend the Zoning Ordinance to ensure, pursuant to State law (AB 1397), that non-vacant sites identified in the Housing Element sites inventory, which sites contain existing, vacated, o r demolished residential uses and occupied by, or subject to an affordability requirement for, lower -income households be replaced with units for lower -income households (households of 80% or less of Area Median Income, or AMI);
WHEREAS, on June 11, 2026, at a duly -noticed public hearing, the Planning Commission accepted public testimony, and, following deliberation, recommended to the City Council approval of amendments to the Municipal Code as contained in the draft ordinance, and supported revision to the City’s standard Conditions of Approval to the same effect, to ensure consistency with Housing Element Program 1.2;
WHEREAS, adoption of Municipal Code amendments and imposition of project Conditions of Approval for applicable projects carries no possibility of inducing an adverse physical impact to the environment and is exempt under the common-sense exemption in accordance with Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City have been satisfied or complied with by the City in connection with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Ordinance are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this Ordinance; and
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon the City Council’s decision are located in the Office of City Clerk; and
15 NOW, THEREFORE, the City Council of the City of Marina does find and ordain as follows:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3), the common sense exemption, because it can be seen with certainty that there is no possibility that adoption of the Ordinance itself would have a significant effect on the environment.
SECTION 3. Amendment of the Code. New Section 17.48.050 (Replacement Housing) and Section
17.04.214 (Demolition) are added to Title 17 of the Marina Municipal Code to read as follows:
(Text proposed to be added is underlined and shown in red).
Chapter 17.04 DEFINITIONS
Sections:
• 17.04.212 Child care home, large family.
• 17.04.213 Child care home, small family.
• 17.04.214 Demolition
17.04.214 Demolition.
“Demolition” means the destruction of fifty percent or more of the exterior walls of a structure, measured either by lineal distance or wall surface area, whichever is less. Physical relocation of an existing structure, either within a subject property or to a separate property, shall additionally constitute demolition.
Chapter 17.48 AFFORDABLE HOUSING
Sections:
• 17.48.010 Purpose and intent.
• 17.48.020 Definitions.
• 17.48.030 Inclusionary housing.
• 17.48.040 Adoption of state density bonus law by reference. • 17.48.050 Replacement housing
• 17.48.060 Affordable housing standards.
17.48.050 Replacement housing.
California State Assembly Bill 1397, amending Sections 65580, 65583, and 65583.2 of the Government Code, as may be further amended, is adopted by reference.
All replacement housing requirements, including those applicable to development, redevelopment, or modification of non-vacant sites, pursuant to California State Assembly Bill 1397 and California State Senate Bill 3 30 (Housing Crisis Act of 2019), as may be amended, shall be provided as necessary to fulfill the City’s obligation of Regional Housing Needs Allocation. 16 SECTION 4. Severability. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 5. Implementation. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of an Ordinance passed and adopted by the City Council of the City of Marina at a meeting thereof on August 5, 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
Bruce Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
17 July 30, 2026 Item No. 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 5, 2026
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 26-, 1) ACCEPTING THE DESIGN OF TRAFFIC ROUNDABOUTS AS
PROPOSED TO BE LOCATED AT DEL MONTE BOULEVARD &
STREET M AND DEL MONTE BOULEVARD & STREET BE IN
CONJUNCTION WITH THE CITY-APPROVED RECONFIGURATION
OF DEL MONTE BOULEVARD AND SUMMARY VACATION OF A
PORTION OF EXCESS RIGHT-OF-WAY ADJACENT TO THE MARINA
STATION DEVELOPMENT PROJECT SUBDIVISION AND 2) FIND THE
PROPOSED ACTION EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15162 AND
SECTION 15061(B)(3).
RECOMMENDATION: That the City Council consider taking the following actions:
1. Adopt Resolution 2026 - , accepting the design as presented by the project developer , of two (2) new traffic roundabouts, both at Del Monte Boulevard & Street M and Del Monte Boulevard & Street BE , in conjunction with the City-approved reconfiguration of Del Monte Boulevard and Summary Vacation of a portion of excess right -of-way of Del Monte Boulevard fronting the Marina Station Development Project Subdivision; and
2. Find the proposed action exempt from further environmental review pursuant to Section 15162 and Section 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
At the regular meeting of March 4, 2008, the City Council adopted Resolution No. 200 8-45 and Resolution No. 2008-41, approving the Vesting Tentative Map and approving and certifying the Final Environmental Impact Report (“F EIR”) for the Specific Plan, respectively, for the Marina Station Development Project Subdivision, located at the northerly property boundary of the City.
The Vesting Tentative Map consisted of 887 residential lots, including 1,360 residential units constructed over 8 separate phases. Construction of the Marina Station development project is currently underway.
At a public hearing on April 21, 2026, on a vote of 5-0-0-0, the City Council adopted Resolution 2026-46, approving Summary Vacation of a portion of excess right -of-way of Del Monte Boulevard fronting the Marina Station Development Project Subdivision, finding that vacation of excess right -of-way constitutes a minor alignment and street width adjustment , declaring the vacated portion of Del Monte Boulevard “exempt surplus land” , and authorizing the City Manager to execute the quitclaim deed on behalf of the City to transfer the vacated property from the City to the developer , subject to final review and approval by the City Attorney upon compliance w ith Surplus Land Act guidelines . The adopted Resolution referenced future installation of two new modern roundabouts at two intersections, including Del Monte Boulevard & Street M and Del Monte Boulevard & Street B E, as one of several factors contributing to the need for vacation of the excess right -of-way. At the April 21 City Council hearing, the Council conditioned the aforementioned right -of-way vacation on review and approval of the roundabouts.
ANALYSIS
The design and aesthetics of the two propo sed roundabouts at Del Monte Boulevard and intersecting roads providing access to the Marina Station Development constitute elements of significance necessary to facilitate safe and efficient circulation and to serve as a suitable gateway to the City for residents and visitors entering Marina from the north.
Although originally envisioned as an all-way stop control, at the City’s request, the Marina Station project developer agreed to construction of roundabouts as a preferred substitute. The General Plan requires the consideration of roundabouts as alternative intersection control ; additionally, r oundabouts will serve to moderate the speed of motor vehicle traffic and will provide superior safety benefits for vehicles, pedestrians and bicycles, compared to stop - controlled intersections.
Consistent with adopted Resolution 2026 -46, the project developer will present to the Council the design of the roundabouts for Council review and acceptance.
FISCAL IMPACT
None.
ENVIRONMENTAL REVIEW
On March 4, 2008, the City Council of the City of Marina certified the Final Environmental Impact Report (FEIR) for the Marina Station Project (SCH N o. 2005061056). The FEIR served as the environmental review for the development and project entitlements. Section 15162 of the CEQA Guidelines states that , if an FEIR or negative declaration has been adopted for a project, no subsequent FEIR is to be prepared unless there have been 1) substantial changes to the project, 2) substantial changes with respect to the circumstances under which the project is undertaken, or 3) new information of substantial importance shows that the project would have significant effects not discussed in the FEIR . None of these conditions pertain to the recommended action. Further, the proposed action remains exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
CONCLUSION:
The City Council is requested to consider adopting resolution No. 2026- , accepting the design of two (2) new traffic roundabouts , to be located at Del Monte Boulevard & Street M and Del Monte Boulevard & Street BE , in conjunction with the City-approved reconfiguration of Del Monte Boulevard and summary vacation of a portion of Del Monte Boulevard fronting the Marina Station Development project.
Respectfully submitted,
__________________________
Timothy Maier, AICP
Planning Services Manager
Community Development Dept.
REVIEWED/CONCUR:
Courtney Lindberg
Interim City Manager
City of Marina
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA 1)
ACCEPTING THE DESIGN OF TRAFFIC ROUNDABOUTS AS PROPOSED TO BE
LOCATED A T DEL MONTE BOULEVARD & STREET M AND DEL MONTE
BOULEVARD & STREET BE IN CONJUNCTION WITH THE CITY-APPROVED
RECONFIGURATION OF DEL MONT E BOULEVARD AND APPROVED
SUMMARY VACATION OF A PORTION OF EXCESS RIGHT -OF-WAY
ADJACTENT TO THE MARINA STATION DEVELOPMENT PROJECT
SUBDIVISION AND 2) FIND THE PROPOSED ACTION EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15162 AND SECTION 15061(B)(3).
WHEREAS, at the regular meeting of March 4, 2008, the City Council adopted Resolution No. 2008-45, approving the Vesting Tentative Map for the Marina Station Development Project Subdivision, located at the northerly property boundary of the City, and;
WHEREAS, at the regular meeting of March 4, 2008, the City Council adopted Resolution 2008- 41, approving and c ertifying the Marina Station Specific Plan Environmental Impact Report , and;
WHEREAS, the approved Marina Station Vesting Tentative Map included the proposed summary vacation of a portion of Del Monte Blvd fronting the Marina Station Development to enable completion of the Marina Station project, and;
WHEREAS, on April 21, 2026, the City Council, on a vote of 5-0-0-0, adopted Resolution 2026- 46, approving Summary Vacation of a portion of excess right -of-way of Del Monte Boulevard fronting the Marina Station Development Project Subdivision, finding that vacation of excess right-of-way constitutes a minor alignment and street width adjustment, declaring the vacated portion of Del Monte Boulevard “exempt surplus land” , in part, for the purpose of installing two new modern roundabouts at Del Monte Boulevard & Street M and Del Monte Boulevard & Street BE necessary to implement the City-approved reconfiguration of Del Monte Boulevard;
WHEREAS, acceptance of the roundabout design as presented by the project developer in conjunction with the Summary Vacation of a portion of excess right -of-way of Del Monte Boulevard fronting the Marina Station Development Project Subdivision are within the scope of the Marina Station Specific Plan Final Environmental Impact Report (SCH No. 2005061056) certified by the City Council on March 4, 2008, and no further environmental review under CEQA is required pursuant to Section 15162 and under the “common-sense exemption” pursuant to Section 15061(b)(3),of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina that the Council affirms and directs the following:
1. The above recitals are true and correct and incorporated herein;
2. Accept the design, as presented by the developer of the Marina Station project, of two (2) new traffic roundabouts , located at Del Monte Boulevard & Street M and Del Monte Boulevard & Stre et BE , in conjunction with the City-approved reconfiguration of Del Monte Boulevard and Summary Vacation of a portion of excess right -of-way of Del Monte Blvd. fronting the Marina Station Development Project Subdivision; and
Resolution No. 2026-
Page Two
3. Find the proposed actions exempt from further environmental review pursuant to Section 15162 and 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 5th day of August 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Bruce Delgado, Mayor
ATTEST:
__________________________________
Anita Sharp, Deputy City Clerk
July 27, 2026 Item No. 13b
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of August 5, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026 -,
APPROVING THE RECREATION & CULTURAL SERVICES
DEPARTMENT MOVING FORWARD WITH THE PROPOSED PARK
NAMING PROCESS FOR HILLTOP PARK, CITY PARK AT THE
DUNES, AND CITY PARK AT SEA HAVEN IN ACCORDANCE WITH
THE GUIDELINES DEFINED IN RESOLUTION 2002-122
RECOMMENDATION:
It is requested that the City Council consider:
1. Adopting Resolution No. 2026-, approving the Recreation & Cultural Services Department moving forward with the proposed Park Naming Process for Hilltop Park, City Park at the Dunes, and City Park at Sea Haven utilizing the guidelines defined in Resolution 2002-122.
BACKGROUND:
Pursuant to Resolution 2002-122, listed as EXHIBIT A , the Recreation & Cultural Services Department has created a simple application and review process for the community to engage in assisting with naming three separate city parks; Hilltop Park, City Park at the Dunes, and City Park at Sea Haven . Department staff presented said resolution to the Recreation & Cultural Services Commission on September 10, 2025, along with examples of a review and submission process ; instruction was given to provide more detail . At the May 6 , 2026, and July 22, 2026, Recreation & Cultural Services Commission meetings, a draft application for submitting potential names as well as a more detailed submission process and timeline were presented for further review and ultimately approved to move forward for review by City Council.
Resolution 2002-122 outlines a general process for naming City owned facilities and properties. It encourages public support through engagement and submission opportunities and defines best practices for choosing options that best represent, or are related to, the geographic area, terrain, flora and fauna, historical significance, etc. The resolution allows for city buildings, facilities, and parks to be named after people or corporations when a “substantial gift” has been made to that specific project or building . If no donor gift has been given, there are stipulations requiring the person to be retired or deceased for at least two years and have had some extraordinary civic contribution to the community or have had a significant impact at the local, state, national or international level. The resolution also says that no more than one facility or property in the system shall be named after any one individual.
Currently, in the public facility inventory, there are already several locations named after individuals:
• The Public Safety Building and the Bike Path/Recreational Trail named after the late (elected) Mayor “George J. Takahashi”.
• The Teen Center and Animal Shelter named after the late (appointed) Mayor and former Council Member “Zaruk Takali.
• The City Park and Community Center located at 3200 Del Monte Blvd named after the late Vince H. DiMaggio.
1 • The remodeled Community Center named after Ki Suk “Rocky” Han, an “Honorary Mayor”, business owner, resident; and member of Masonic Lodge, Marina Kiwanis, and Tongduchon Sister City Committee.
Windy Hill Park was named through naming contest as part of park construction.
ANALYSIS:
The Recreation & Cultural Services Department will follow the resolution’s best practices in requesting all park naming options have some sort of historical significance or traditional theme of the City, compliment the specific location, or represent the local geographical features. Marina and its surrounding area s have enough distinguishing and unique characteristics in their natural beauty and topography to provide a plethora of choices . At this time the Department will not consider names of individuals or corporations as no major “substantial gifts” were made to the development projects of these propertie s and there are already several existing facilities named after individuals.
The Recreation and Cultural Services Department will conduct a multi-faceted campaign to gather potential names for Hilltop Park, City Park at the Dunes, and City Park at Sea Haven. The two- page application developed, as seen in Exhibit B, will be completed by Marina residents as identified through the provision of their home address and include how their proposed name relates to the location (categories listed) . Completed applications will be turned in to the Department at City Hall or via email.
Applications must be turned in by a previously identified deadline, currently October 31 but that can be adjusted dependent upon when the naming campaign begins. Ideally, the Department would like to allow for six to eight weeks. After the deadline, all applications will be initially reviewed by Recreation & Cultural Services staff to vet residency and validity; those that appear incomplete, are not filled out correctly, are from non-residents, or do not follow the guidelines will be “weeded out”. Applications will then be given to the Recreation & Cultural Services Commission for review. Depending on the number of applications ready for this stage of review, Recreation staff and commissioners may consider holding a special meeting to focus solely on the applications. It is expected that this pool will need to be heavily prioritized and pared down to achieve a manageable selection for review and approval by City Council at a future meeting, ideally prior to the end of the calendar year.
Department staff will advertise the Park Naming Process via distribution of hard copy applications in its Youth, Teen, and Senior Programs, City Hall and the community centers; through a robust and engaging online campaign using social media and the city website ; as well as promotional materials at upcoming community wide events like the Multi-Cultural Festival in September.
FISCAL IMPACT:
There will be minimal fiscal impact on the Recreation & Cultural Services Department for the Park Naming Process to occur. Any costs associated with printing, marketing, and advertising will be covered through the Department’s general budget and funds.
CONCLUSION:
This request is submitted for City Council consideration and action.
Respectfully submitted,
____________________________
Elizabeth Crisante
Recreation & Cultural Services Director
Recreation & Cultural Services Department
REVIEWED/CONCUR
Courtney Lindberg
Interim City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF MARINA TO APPROVE THE
RECREATION & CULTURAL SERVICES DEPARTMENT MOVING
FORWARD WITH THE PROPOSED PARK NAMING PROCESS FOR
HILLTOP PARK, CITY PARK AT THE DUNES, AND CITY PARK AT SEA
HAVEN IN ACCORDANCE WITH THE GUIDELINES DEFINED IN
RESOLUTION 2002-122
WHEREAS, the City of Marina “City” is authorized to name City owned facilities and properties; and
WHEREAS, Resolution 2002-122 outlines a policy, criteria, and procedure for the naming of City owned facilities and properties; and
WHEREAS, the Recreation & Cultural Services Department would like to conduct a community- wide naming campaign for three park locations; Hilltop Park, City Park at the Dunes, and City Park at Sea Haven; and
WHEREAS, the Recreation & Cultural Services Commission has already approved of the proposed application and submission process; and
WHEREAS, City Council will retain the final approval authority of names for all three locations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:
1. The City approves the Recreation & Cultural Services Department to move forward with the Park Naming Process in accordance with the guidelines in Resolution 2002-122.
PASSED AND ADOPTED by the Marina City Council at a regular meeting duly held on the 5th day of August 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
RESOLUTION NO. 2002-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARINA ADOPTING A POLICY NAMING CITY BUILDINGS
BE IT RESOLVED that the City Council of the City of Marina hereby:
1. Retains authority for naming all City of Marina municipal facilities, properties, and centers; i.e., all buildings, major portions of buildings, city streets or roads, baseball fields, parks and all other highly visible facilities and properties; and
2. Approves the Naming Policy hereby attached as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 18th day of June 2002 by the following vote:
AYES, COUNCIL MEMBERS: B. Delgado, I. Mettee-McCutchon, M. Morrison, Mayor Pro Tern H. Gustafson and Mayor J. Perrine.
NOES, COUNCIL MEMBERS: NONE
ABSENT, COUNCIL MEMBERS: NONE
ABSTAIN, COUNCIL MEMBERS:
NONE
ATTEST:
4 Naming Policy and Procedure
Policy Statement
The City Council of The City of Marina retains authority for naming all City owned facilities and properties, such as all buildings, major portions of buildings, public streets or roads, stadium and baseball fields and other areas of major assembly or activity, and all other highly visible facilities and properties
This policy is intended to encourage public support through opportunities to name city facilities and properties and only under extraordinary circumstances should facilities and properties be named without a gift or significant in-kind contribution.
Each proposal for naming a major City owned facility or property shall be considered on its own merits. No commitment for naming shall be made prior to City Council approval of the proposed name.
Criteria
A name of a major City owned facility or property must meet one or more of the following criteria:
• It should designate the function of a facility or property. • It should reflect natural or geographic features.
• It should reflect a traditional theme of the City.
• It should honor an individual or an organization:
I . When a donor gift is involved:
a. It is desirable for City Council to name facilities and properties in honor of significant contributors of funds to the City or building.
b. The City Council will take into consideration the significance and amount of the proposed gift as either or both relate to the realization or completion of a facility or property or the enhancement of a facility's or property's usefulness to the City. c. Facilities and properties may be named for individuals or for organizations responsible for a "substantial gift" benefiting the City. The term "substantial gift" in this context is deliberately not defined by arbitrary standards or by a specific dollar amo unt. Its interpretation is meant to be flexible so that each situation may be judged on its own merits and may take into account significant contributions of personal services as well as monetary or in-kind gifts. It is expected that each naming opportunity will recognize the donor according to the level or gift and size of facility. d. A donor gift can provide the funding for that portion of the total cost which would not have been available from any other source (such as federal or state loans or appropriations, bond issues, etc.).
II. When no donor gift is involved:
a. It should honor a person who has achieved unique distinction in the community and other significant areas of public service, or has earned a local, state, national or international reputation, or made extraordinary contributions to the City which warrant special recognition.
b. If a proposal for naming in honor of an individual involves service to the City in an administrative capacity, a proposal shall not be made until the individual has been retired or deceased at least two years.
5 c. No more than one facility or property in the system shall be named after any one individual.
d. In special circumstances, the City Council may waive any or all of the above criteria.
Procedure
Proposals for naming requests in the City will normally be initiated by the City Manager or his/her designee in conjunction with the development program. All proposals for naming from others must be submitted to the City Manager or his/her designee.
Consideration of proposals will be made by the City Manager or his/her designee who may elect to use the assistance of a review committee appointed by the City Manager, if desired. Those proposals deemed appropriate will be submitted to the Mayor for consi deration. Recommended requests will then be forwarded to the City Council for approval.
When required by the City, naming policies as specified in Section I, the Mayor shall forward the request to the City Manager for approval by the City Council.
Each naming request must:
1. Be submitted at least six weeks prior to the City Council meeting at which the item is to be presented. Information contained in the letter of request will be verified by staff.
2. Demonstrate compliance with City Council policy.
3. Succinctly state reasons for the proposed name.
4. Name the constituent group(s) or individual(s) proposing the request. Name constituent group(s) or individual(s) recommending that the City Council approve the request.
5. Include complete biographical data if the name is to honor an individual.
6. Ensure that all participants involved in this process constantly remember that strict confidentiality is required.
7. Identify the "special circumstance" when requesting a waiver of policy, if any.
Upon receipt of the name request, the panel shall consist of the City Manager or his/her designee and one member of each of the four (4) City Commissions.
After its review, the panel will transmit its recommendations to the Mayor. If the Mayor approves the request, the City Manager or his/her designee will prepare a Staff Report/Agenda Item for inclusion in the Agenda Packet and presentation at the next City Council meeting. Confidentiality is to be maintained on all requests submitted.
NamingPolicy.doc
6 EXHIBIT B
7 8