Agenda — Marina City Council, September 1, 2026 (part 2 of 3)

Change Order
City of Marina City-Wide ITP Project
Amendment to Existing Agreement
______________________________________________________________________________________________ To: Courtney Lindberg Date: August 18, 2026
Interim City Manager, City of Marina
Original Contract Date: December 18, 2020
From
: Erin Harwayne, AICP, Project Manager Ref: Project #2021.03 Denise Duffy & Associates, Inc.
______________________________________________________________________________________________ This document requests and, if acceptable, authorizes Denise Duffy & Associates, Inc. (DD&A) and Whiston Engineers to perform the work as detailed below, for the budget allocated by task (attached). This additional scope of work and budget is an amendment to the original agreement (as amended June 3, 2025). If the additional work specified is deemed acceptable, please sign below, and return to DD&A. This notification will serve as AUTHORIZATION TO PROCEED with the additional services.

All ot
her terms and conditions of the original agreement shall remain unchanged.

Des
cription of Work
To facilitate completion of the Habitat Management Lands Pack age (“Lands Package”) in accordance with the Incidental Take Permit (ITP) issued by the California Department of Fish and Wildlife (CDFW) for the Fort Ord Regional Trail and Greenway, California Avenue S egment Project and City’s City-Wide ITP (issuance pending), DD&A and Whitson Engineers will coordinate to prepare the required Boundary, Improvements, and Encroachment (BIE) map for the proposed conservation area located along 8th Street on the former Fort Ord. Whitson Engineers detailed scope of work is attached. DD&A will work closely with the Transportation Agency for Monterey County (TAMC), Whitson Engineers, CDFW, City, and other relevant parties, participating in meetings, responding to information requests, and map review and preparation.

Del
iverables
Deliverables may come in the form of figures /maps, surveys, researching specific topics, an d responding to information requests.

Budge
t
This budget will be billed as time and materials with a NTE amount of $19,625.50, which includes Whitson Engineers ($14,850) and DD&A costs ($2,500 + $2,275.0 administration fee) Submi
tted by: __________8/18/2026_____
DD&A Pro ject Manager Date
Acce
pted by: ______________________________________________ Client name Date
EXHIBIT A-1 to Amendment
8

Page 1 of 2 ends

May 26, 2025 Project No.: 4065.05

Erin Harwayne, AICP
Denise Duffy & Associates, Inc
947 Cass St. Suite 5
Monterey, CA 93940
[email protected]

cc: Andrew Hunter, PE|Principal
Whitson Engineers

Re: City of Marina – FORTAG California Avenue
Proposal for Land Survey Services:

CDFW Boundary / Improvements / Encroachment (“BIE”) Map APN: 031-101-055

Dear Erin:

Per your request, we are proposing the following scope of work:

SCOPE OF SERVICES

Task 1: BIE Survey and Mapping

1.1 Review title report, relevant deeds and record maps.

1.2 Lay out record boundary of the subject parcel, and those adjoining. Lay out the easements referred to in the Preliminary Title Report and on the adjoining record maps.

1.3 Conduct a field review to validate and supplement existing aerial mapping of the subject parcel. Verify boundary monumentation. Locate any additional observed existing utility installations and any other visible improvements.

1.4 Obtain updated digital orthophotography of the site utilizing a small Unmanned Aircraft System (sUAS, “drone”)

1.5 Prepare a plat map per CDFW specifications for the surveyed area. The m ap will include existing surface utilities (including any observed pre-existing “USA” utility paint marks), storm drainage inlets (including inverts); storm drain and sewer manholes , utility poles, dirt roads, fences. Perform edits, updates per CDFW comments after review.

1.6 Prepare legal descriptions and closure report s for proposed easement area , assemble other supporting documents required by CDFW.

Deliverables: Map, in .PDF format, traverse closure calculations, supporting documentation

9 May 26, 2026| Job No. 4065.05
FORTAG California Avenue - CDFW Boundary / Improvements / Encroachments Map

Page 2 of 2 ends

t:\monterey projects\4065 - fortag\406505 - ca ave cdfw bie\docs\_contract\406505 bie map pro.doc

Assumptions:

The following work is specifically excluded from the Surveyor’s Scope of Services:

1. Based upon past experience with BIE mapping, we have included a budget of 10 hours for meetings, coordination, and follow up.

Exclusions:

The following work is specifically excluded from the Surveyor’s Scope of Services:

1. Changes in scope of the survey work.

2. Design services.

3. Title Costs.

4. Underground utility locating.

5. Construction Staking.

6. Setting of property corners for existing or proposed parcels. Preparation of a Record of Survey map, Parcel Map, or other recorded map.

7. Preparation of legal descriptions for right-of-way dedication over portions of the parcel where improved roadways currently exist

8. Preparation of deeds of conveyance and or reconveyance.

9. Any work not specifically included in the above Scope of Services

PAYMENT AND PROVISIONS:

We propose to do the above work on a Time and Materials basis , to be billed at the rates shown on the attached budget worksheet.

Our Estimated Fee for Task 1 is $14,850.

A breakdown of this estimate is attached hereto. Additional Services, if requested, will also be performed on a Time and Materials basis.

If you have any questions or need more information, please contact me at (831) 649 - 5225.

Sincerely,
Whitson Engineers

Mike Hink, LS
Licensed Land Surveyor
For: Richard Weber PE, LS
LS8002
10 Survey Budget Worksheet
FORTAG California Avenue - CDFW Mitigation Parcel 5/22/2026 Marina, CA Job No.: 4065.05
TASK 1 CDFW BOUNDARY-IMPROVEMENTS-EASEMENTS MAP
DESCRIPTION PE LS AE1 FSC1 TOTAL COST

1.1 Project Initiation, Document Review 1 4 5 1,070$

1.2 Boundary Calculations, Easement Layout 4 4 800$

1.3 Supplemental Field Surveying 4 12 16 3,560$

1.4 Updated UAS (drone) Imagery 2 2 4 820$

1.5 Prepare BIE Map, Edits & Revisions 12 12 24 4,440$

1.6 Prepare Legal Description / Plat for Mitigation Parcel 4 4 8 1,480$ - Project Management, QA/QC 4 8 12 2,680$
Subtotal 5 32 22 14 73 14,850$
Rate 270$ 200$ 170$ 240$
Cost 1,350$ 6,400$ 3,740$ 3,360$
Subtotal 14,850$
Reimbursable Expenses
TOTAL TASK 1 14,850$

T47
PE Principal Engineer 270$
SCE Senior Civil Engineer 220$
SLS Senior Land Surveyor 220$
CE Civil Engineer 200$
LS Land Surveyor 200$
SAE Senior Associate Engineer / Surveyor 190$
AE1 Associate Engineer / Surveyor 170$
AE2 Assistant Engineer / Surveyor 150$
SET Senior Engineering/Survey Technician 145$
ET Engineering/Survey Technician 140$
EA Engineering Aide 85$
SAS Senior Administrative Support -$
AS Administrative Support 90$
FSC1 Field Survey Crew/1M 240$
FSC2 Field Survey Crew/2M 400$
406505 Budget Worksheet.xlsx 1 of 1 Printed on: 5/22/20266:03 PM 11 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 Housing 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. T he findings are not based solely on the information provided in this Ordinance; and
Agenda Item: 10L(1)
September 1, 2026
1 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.

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.

2 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.

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 introduced at a regular meeting held on the 5th day of August and passed and adopted by the City Council of the City of Marina at a regular meeting duly held on the 1st 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

3 30919\000\1670014.2:102622
August 14, 2026 Item No. 11a
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of September 1, 2026
THE CITY COUNCIL CONSIDER INTROCUDING ORDINANCE NO. 2026 -,

MAKING ADMINISTRATIVE AND CLERICAL CORRECTIONS TO
ORDINANCE NO. 2025 -16 RELATING TO TITLE 15 OF THE MARINA MUNICIPAL CODE AND THE CITY’S ADOPTION AND AMENDMENT OF THE 2025 CALIFORNIA BUILDING STANDARDS CODE,
REQUEST:

It is requested that the City Council:

1. Approve the first reading of Ordinan ce No. 2026-XX, making administrative and clerical corrections to Ordinance No. 2025 -16, relating to Title 15 of the Marina Municipal Code and the City’s adoption and local amendment of the 2025 California Building Standards Code.

2. Find this action is exempt from the California Environmental Quality (CEQA) per section 15061 (b)(3) of the CEQA Guidelines.

BACKGROUND:

The California Building Standards Commission (CBSC) published the latest editions of the construction codes for the State of California, whic h became effective for state agencies and local jurisdictions on January 1, 2026. Local jurisdictions may adopt local amendments to the California Building Standards Code when supported by required findings based on local climatic, geological, or topographical conditions, subject to applicable state law limitations.

On November 4, 2025, the City Council adopted Ordinance No. 2025 -16, amending Title 15 of the Marina Municipal Code (MMC) in connection with the City’s adoption and local amendment of the 2025 California Building Standards Code, including provisions related to the 2025 California Wildland-Urban Interface Code.

Following adoption, the ordinance materials were reviewed in connection with filing and review by the California Building Standards Commission. CBSC staff identified certain items requiring correction or clarification. These items include appendix references, code section references, formatting, syntax, removal of appendices not adopted by a state agency where separate local findings are not being made, and clarification of residential fire-protection provisions affected by Assembly Bill 130 and the resulting restrictions on local amendments to residential building standards.

The corrections before Council are administrative and clerical in nature and are intended to reconcile the adopted ordinance materials with CBSC review comments and applicable state law limitations. The corrections clarify which appendices and code provisions are locally adopted, which appendices and provisions are not adopted, and where applicable, direct users to the appropriate adopted code provisions. The corrections do not change the City’s substantive intent in adopting Ordinance No. 2025-16.
30919\000\1670014.2:102622
FISCAL IMPACT:

None

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,

_____________________________
William Moritz, CBO
Chief Building Official
City of Marina

REVIEWED/CONCUR:

____________________________
Guido Persicone
Community Development Director
City of Marina

_____________________________
Courtney Lindberg
Interim City Manager
City of Marina
30919\000\1670014.2:102622
Exhibit A to the Staff Report

ORDINANCE NO 2026-

AN ORDINANCE OF THE CITY OF MARINA ADOPTING AND AMENDING TITLE 15 OF THE MARINA MUNICIPAL CODE TO ADD PART 7

CALIFORNIA WILD-LAND URBAN INTERFACE CODE TO THE ADOPTED 2025 EDITION OF CALIFORNIA BUILDING STANDARD CODES,
SPECIFICALLY 2025 CALIFORNIA BUILDING CODE.

-o0o-

WHEREAS, pursuant to Sections 17922, 17958, 17958.5 and 17958.7 of the California Health and Safety Code, the City may adopt the provisions of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Green Building Standards, Existing Building, Historical, and Fire Codes and Wildland-Urban Interface Code with certain exceptions, modifications and additions to provisions of the California codes which are reasonably necessary to protect the health, welfare and safety of the citizens of the City of Marina (“City”) because of local climatic, geological and topographical conditions; and

WHEREAS, the City Council has considered whether certain modifications to the building standards contained in Exhibit A, attached hereto are necessary in the City due to local climatic, geological, or topographical conditions, and.

WHEREAS, the factual findings made are valid and relate to the amendments made to the California codes in this adoption; and

WHEREAS, the corrections set forth in this ordinance are administrative and clerical in nature and do not constitu te a new adoption of the 2025 California Building Standards Code by reference; therefore, this ordinance is being processed under the City’s regular ordinance adoption procedure, consisting of first reading and introduction, second reading and adoption, and post-adoption posting or publication in accordance with applicable law and City procedures; and;
WHEREAS, this ordinance was found to be categorically exempt from environmental review, per the provisions of Section 15061(b) (3) of the Guidelines to the California Environmental Quality Act. and

WHEREAS, this amendment adds Part 7 California Wildland -Urban Interface Code to the amended and adopted Title 15 of the Marina Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

1. Title 15 Amended: Title 15 entitled “Buildings and Construction” is hereby amended as set forth in the attached thirty-one (31) pages, marked Exhibit “A,” and incorporated herein by 30919\000\1670014.2:102622
this reference thereto.

2. Findings Adopted: The City Council hereby adopts the factual findings set forth in respective sections of Title 15 of the Marina Municipal Code, attached hereto as Exhibit A, relating to the amendments made to the California codes.

3. Savings Clause: Repeal of any provision of the Marina Municipal Code or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effectiv e date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance.

4. Severability: If any provision, section, paragraph, sentence or word of this ordinance, or the application thereof to any person, property or circumstance is rendered or declared invalid by any court of competent jurisdiction, the remaining provisions, sections, paragraphs, sentences or words of this ordinance, and their application to other persons, property or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this ordinance are severable.

5. Interpretation: The provisions of this ordinance are enacted for the public health, safety and welfare and are to be liberally construed to obtain the beneficial purposes thereof as specified in Chapter 1 of the Building Code. In the event of any conflict between this ordinance and any law, rule, or regulation of the State of California, that requirement which established the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of the Municipal Code. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.

6. Filing of Findings: The City Clerk is hereby directed to file a copy of this ordinance with the California Building Standards Commission of the State of California.

7. Notice: The City Council hereby determines that the form of the Notice of the public hearing held on October 21, 2025, which was published on September 7, 2025 and September 14, 2025 is sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof. The corrections set forth in this ordinance are administrative and clerical in nature and do not constitute a new adoption of the 2025 California Building Standards Code by reference; therefore, this ordinance shall be processed under the City’s regular ordinance adoption procedure, and post -adoption posting or publication in accordance with applicable law and City procedures.

30919\000\1670014.2:102622

8. Liability: The provisions of this ordinance shall not be construed as imposing upon the City any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City a, or any offi cial, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this ordinance or of any permits or certificates issued under this ordinance.

9. Effective Date: This ordinance shall take effect thirty days after the second reading of the ordinance.

10. Posting of Ordinance . Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be posted in three (3) public places designated by resolution of the City Council and a summary of the ordinance, prepared by the City Attorney, shall be published in a local newspaper used to publish official notices for the City prior to the effective date.

The forgoing ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on September 1, 2026, and was passed and adopted at a regular meeting duly held on September 15, 2026, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

EXHIBIT A TO
ORDINANCE NO. 2026-

AMENDMENTS TO TITLE 15 OF THE MARINA MUNICIPAL CODE

BUILDINGS AND CONSTRUCTION

Editor’s Note: Bold, [bracketed] numbers and text are for identification purposes only and are not a part of the Title as amended.

1- Section 15.04.010 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.04.010 Definitions.

“Building code” means the California Building Code, or CBC, 2025 Edition, based on the 2024 International Building Code promulgated by the International Code Council, including the appendix thereto, together with those appendices expressly adopted by Chapter 15.08, and with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations and as amended by the Marina Municipal Code known as the California Building Code. (CBC)
“Residential code” means the California Residential Code, or CRC 2022 2025 Edition, based on the 2024sd International Residential Code promulgated by the International Code Council including Appendices AF, AI, AL, AO, AR, AS, AV and AY together , together with those appendices expressly adopted by Chapter 15.14, and with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 or the California Code of Regulations and as amended by the Marina Municipal Code known as the California Residential Code. (CRC)
“Electrical code” means the California Electric Code or CEC, 2025 Edition, based on the 2024 National Electrical Code edition promulgated by the National Fire Protection Association, as amended, and set forth in the California Building Standards Code, Title 24 of the California Code of Regulations, together with those omissions, amendments, exceptions, and additions thereto as amended by the Marina Municipal Code known as the California Electrical Code. (CEC) “Mechanical code” means the California Mechanical Code or UMC, 2025 Edition, promulgated by the International Association of Plumbing and Mechanical Officials, including Appendices A, B, C, D, E F, and G thereto, together with those appendices expressly adopted by Chapter 15.12, and with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations and in the Marina Municipal Code, known as California Mechanical Code (CMC). “Plumbing code” means the California Plumbing Code or UPC, 2025 Edition, promulgated by the International Association of Plumbing and Mechanical Officials, including the Appendices G and I thereto, together with those appendices expressly adopted by Chapter 15.24, and with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations and in the Marina Municipal Code, known as the California Plumbing Code (CPC). “Fire code” means the California Fire Code or CFC, 2025 Edition, promulgated by the International Fire Code Institute, including the appendix sections, together with those appendices expressly adopted by Chapter 15.32, and with those omissions, amendments, exceptions, and additions there to as amended in Title 24 in the California Code of Regulations and in the Marina Municipal Code, known as the California Fire Code (CFC).
“Wildland-Urban Interface” means the California Wildland-Urban Interface Code or the CWUIC, 2025 edition promulgated by the International Wildland-Urban Interface Code Council , including the appendix thereto, together with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations and as amended by the Marina Municipal Code known as the California Wildland-Urban Interface Code. (CWUIC)
“Energy code” means the California Energy Code or CEC, 2025 Edition, promulgated by the California Building Standards Commission including the appendix sections, together with those omissions, amendments, exceptions, and additions there to as amended in Title 24 in the California Code of Regulations and in the Marina Municipal Code, known as the California Energy Code (CEC). “Existing building code” means the California Existing Building Code, 2025 Edition, based on the 2024 International Existing Building Code and California Historical Building Code, promulgated by the International Code Council, including the appendix thereto. with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 or the California Code of Regulations and as amended by the Marina Municipal Code known as the
“Green building standards code” means the California Green Building Standards Code, 2025 Edition promulgated by the California Building Standards Commission including the Appendices A-4 & A-5 thereto, together with those appendices expressly adopted by Chapter 15.18, and with those omissions, amendments, exceptions, and additions as amended in Title 24 in the California Code of Regulations and in the Marina Municipal Code.
“Housing code” means the Uniform Housing Code 1997, promulgated by the International Code Council, together with those omissions, amendments, exceptions, and additions thereto as amended in the Marina Municipal Code.
“Dangerous building code” means the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, promulgated by the International Code Council, together with those omissions, amendments, exceptions, and additions as amended by the Marina Municipal Code. “Security code” means the Uniform Building Security Code, 1997 Edition, promulgated by the International Code Council, together with those omissions, amendments, exceptions, and additions thereto as amended in the Marina Municipal Code (UBSC). “Emergency Work” means work that if not done immediately will affect the life safety of the occupant or cause damage the structure.

2. Section 15.08.010 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.08.010 Adoption of technical provisions of California Building Code (CBC).

A. Except as otherwise provided for in this chapter, the California Building Code (CBC), 2025 Edition, Volumes I and II, including the appendices thereto, together with those appendices expressly adopted by this chapter, and with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CBC has been filed for use and examination of the public in the office of the building official of the city of Marina.

3. Section 15.08.020 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.08.020 Section 105.3.2 amended.

Section 105.3.2 shall be amended to read as follows:

105.3.2 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of the application shall expire, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing AND pays a fee of $500.00 for each requested 90180 - day extension and the project has not changed in scope.

Exception: If a project has been approved by the City pending an outside agency’s approval prior to expiration, written extensions will not be required.

4. Section 15.08.025 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.08.025 Section 105.5 amended.

Section 105.5 shall be amended to read as follows:

105.5 Expiration of Permits. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2019 California Building Code within one year of such permit.

The building official may grant a one-time permit extension of 180 (one-hundred eighty) days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of one hundred and eighty (180) days may be granted by the building official if the request is made in writing, the project has not changed in scope, the project has obtained at least one inspection approval AND the applicant pays a fee of $1,000 or the amount of the original building permit fee (whichever amount is less) for each one hundred and eighty (180) day extension.

Before work can commence or recommence under an expired permit, a new permit application must be submitted, and permit obtained along with all applicable fees applied for this new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

5. Section 15.08.040 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.08.040 Section 1505.1.1 amended.

A. Findings. The amendments set forth in this section are reasonably necessary because of the following local geological, topographical, and climactic conditions:

1. Marina is within a very active seismic area (Seismic Zone 4). Severe seismic action could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the fire department, resulting in failure to meet the fire and life safety needs of the community.

2. The local geographic, topographic, and climactic conditions pose an increased hazard in the acceleration, spread, magnitude, and severity of potential fires in the city of Marina and may cause a delayed fire response time, allowing further growth of a fire.

3. The types of roof coverings as set forth in the amendment are a more restrictive standard, which will better prevent fie damage, which can result from local conditions.

B. Section 1505.1.1 shall be amended to read as follows:
“Roof coverings within ALL fire hazard severity zones. Any new roof on a new or existing structure and any re-roofing of an existing structure of 50% or more of the total roof area within a one-year period shall be of a fire-retardant roof or class A roof.

6. Section 15.08.100 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

“15.08.100 Portions of the California Building Code which are approved, adopted, and not approved, adopted, or incorporated by reference.

The following portions of the California Building Code 2025 Edition or the appendices thereto, are not approved or adopted or incorporated in this chapter by reference and shall not be deemed to be a part of this chapter nor a part of the building code of the city of Marina.

A. The following appendices to the California Building Code, 2025 Edition, are approved, adopted, and incorporated in this chapter by reference:

1. Appendix H Signs

2. Appendix I Patio Covers

3. Appendix J Grading

4. Appendix L Earthquake Recording Instruments

5. Appendix M Tsunami-Generated Flood Hazards

6. Appendix N Replicable Buildings

7. Appendix O Performance Based Application

8. Appendix P Sleeping Lofts

9. Appendix Q Emergency Housing

B. All other appendices to the California Building Code, 2025 Edition, are not approved, adopted, or incorporated by reference.

C. Chapter 9 of the California Building Code, 2025 Edition, is not approved, adopted, or incorporated by reference. See Chapter 9 of the California Fire Code, 2025 Edition, as adopted and amended by the City.

Chapter 9 (All. See Chapter 9 of the California Fire Code, 2025 Edition with amendments.)

Appendices.
2025 CBC Appendix A (Qualifications)

2025 CBC Appendix B (Board of Appeals)

2025 CBC Appendix C (Ag Buildings)

2025 CBC Appendix D (Fire Districts)

2025 CBC Appendix G (Flood Proofing)

2025 CBC Appendix K (Flooding)

7. Section 15.12.010 of the Marina Municipal Code is hereby repealed and replaced in its entirety to read as follows:

15.12.010 Adoption of technical provisions of California Mechanical Code (CMC).

A. Except as otherwise provided for in this chapter, the California Mechanical Code, 2025 Edition, together with those appendices expressly adopted by this chapter, and with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CMC has been filed for use and examination of the public in the office of the building official of the city of Marina.
8- Section 15.12.011 of the Marina Municipal Code is hereby repealed and replaced in its entirety to read as follows:

15.12.011 Portions of California Mechanical Code which are approved, adopted, and not approved, adopted, or incorporated by reference.

Formatted: Indent: Left: 0", Hanging: 0.25"
Formatted: Indent: Hanging: 0.25"
A. The following appendices to the California Mechanical Code, 2025 Edition, are approved, adopted, and incorporated in this chapter by reference:

1. Appendix A Residential Plans Examiner Review Form for HVAC System Design

2. Appendix B Procedures to be Followed to Place Gas Equipment in Operation

3. Appendix C Installation and Testing of Oil (Liquid) Fuel Fired Equipment

4. Appendix E Sustainable Practices

5. Appendix F Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design

B. All other appendices to the California Mechanical Code, 2025 Edition, are not approved, adopted, or incorporated by reference.

C. Chapter 1, Division II, of the California Mechanical Code, 2025 Edition, is not approved, adopted, or incorporated by reference.

The following portions of the California Mechanical Code or CMC, 2025 Edition, or of the appendix thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the mechanical code of the city of Marina:

Chapter 1, Division II, and all of the appendix chapters with the exception of the following appendix chapters or portion thereof:

A. CMC Appendices A, B, C, D, E an9. Chapter 15.14 of the Marina Municipal Code is hereby repealed and replaced in its entirety to read as follows:

Chapter 15.14 RESIDENTIAL CODE
Sections:

15.14.010 Adoption of technical provisions of California Residential Code (CRC).

15.14.020 Section R105.2 amended.

15.14.030 Section R106.5 amended.

15.14.040 Section R106.6 amended

15.14.050 Section Table R302.6 amended

15.14.060 Section R313 deletedR403.1.3 amended.

15.14.070 Section R902.1.1 amended

15.14.080 Section R902.1.2. amended

15.14.090 Section R902.1.3 amended

15.14.100 Portions of California Residential Code which are and are not approved, adopted or incorporated by reference.

15.14.010 Adoption of technical provisions of California Residential Code (CRC A. Except as otherwise provided for in this chapter, the California Residential Code, 2025 Edition, together with those appendices expressly adopted by this chapter, and including the appendices thereto, together with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations, is approved and adopted and are approved and adopted, and hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein B. One copy of the CRC has been filed for use and examination of the public in the office of the building official of the city of Marina
C. Findings. The amendments set forth in Sections 15.14.020, 15.14.030, 15.14.040, 15.14.050,

15.14.060, 15.14.070, 15.14.080 and 15.14.090,and 15.14.100 are reasonably necessary because of the following local geological, topographical, and climatic conditions:

Formatted: Space Before: 0 pt
Formatted: Indent: Left: 0.25", Space Before: 0 pt

2. The local geographic, topographic, and climatic conditions pose an increased hazard in the acceleration, spread, magnitude, and severity of potential fires in the city of Marina, and may cause a delayed fire response time, allowing further growth of the fire

3. The type of residential construction provisions set forth in the amendments are more restrictive standards, which will better prevent fire and seismic damage, which can result from local conditions.

15.14.020 Section R105.2 “Work exempt from permit” amended.

Section R105.2 is amended to read as follows:

(10) Decks that are not more than 30 inches above grade, at any point.

15.14.030 Section R105.5 amended.

Section R105.5 is hereby amended to read as follows:

R105.5 Expiration of Permits. Every permit issued by the building official under the provisions of the technical codes shall expire and become null and void, if the project authorized by such permit has not achieved an approval for one of the required inspections identified in section 110.3 of the 2025 California Building Code within one year of such permit.

The building official may grant a one-time permit extension of 180 (one-hundred eighty) days provided the applicant submits a request in writing prior to the permit expiration and the project has not changed in scope. Additional extension requests of one hundred and eighty (180) days may be granted by the building official if the request is made in writing, the project has not changed in scope, the project has obtained at least one inspection approval AND the applicant pays a fee of $1,000 or the amount of the original building permit fee for each one hundred and eighty (180) day extension.

Before work can commence or recommence under an expired permit, a new permit application must be submitted, and permit obtained along with all applicable fees applied for this new project.

All existing projects are subject to this section and will be subject to the conditions listed above.

15.14.040 Section R106.6 amended.

Section R106.6 is hereby amended to read as follows:

R106.6 Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of the application shall expire and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond control of the applicant have prevented action from being taken and the extension has been submitted in writing prior to the expiration date.

If a permit has not been obtained after the first extension, additional extensions of 90 days may be granted provided the applicant submits this request in writing and pays a fee of $500.00 for each requested 180 - day extension and the project has not changed in scope.

Exception: If a project has been approved by the City pending an outside agency approval prior to expiration, written extensions will not be required.

15.14.050 Table 302.6 amended.

Table R302.6 is amended to read as follows:

“Not less than 5/8” type X” in all columns in the table.

15.14.060 Section R403.1.3 amended.

Section R403.1.3 is hereby amended to read as follows:

R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2 (1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.

In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook. In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

15.14.070 Section R902.1.1 amended.

Section R902.1.1 is hereby amended to read as follows:

Roof coverings within ALL fire hazard severity zones. Any new roof on a new or existing structure and any re-roofing of an existing structure of 50% or more of the total roof area within a one-year period shall be of a fire-retardant roof or Class A roof.

15.14.080 Section R902.1.2 amended.

Section R902.1.2 is hereby amended to read as follows:

15.14.090 Section R902.2 amended.

Section R902.2 is hereby amended to read as follows:

15.14.100

Portions of California Residential Code which are approved, adopted and are not approved, adopted, or incorporated by reference.

A. Section R309, Automatic Sprinkler Systems, of the California Residential Code, 2025 Edition, is not approved, adopted, or incorporated by reference. See Chapter 9 of the California Fire Code, 2025 Edition, as adopted and amended by the City.

B. The following appendices to the California Residential Code, 2025 Edition, are approved, adopted, and incorporated in this chapter by reference:

1. Appendix BB Tiny Houses

2. Appendix BF Patio Covers

3. Appendix BG Sound Transmission

4. Appendix BK Cob Construction (Monolithic Adobe)

5. Appendix BL Hemp-Lime (Hempcrete) Construction

6. Appendix BM 3D Printed Building Construction

7. Appendix BN Extended Plate Wall Construction

8. Appendix BO Existing Buildings and Structures

9. Appendix CG Non-sewered Sanitation Systems

10. Appendix CH Private Sewage Disposal

11. Appendix CI Swimming Pool Safety Act

12. Appendix CJ Emergency Housing

C. All other appendices to the California Residential Code, 2025 Edition, are not approved, adopted, or incorporated by reference.

The following portions of the California Residential Code or CRC, 2025 Edition, or the appendix thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the residential code of the city of Marina:

A. Section R313 (All. See Chapter 9 of the California Fire Code, 2025 Edition with amendments.)
B. CRC Appendices AF, AI, AL, AO, AR, AS, AV, and AY.

10. Chapter 15.18 of the Marina Municipal Code is hereby repealed and replaced in its entirety to read as follows:

“Chapter 15.18 GREEN BUILDING STANDARDS CODE
Sections:

15.18.010 Adoption of California Green Building Standards Code (CGBSC).

15.18.020 Portions of California Green Building Standards Code which are not approved, adopted, or incorporated by reference.

15.18.010 Adoption of California Green Building Standards Code (CGBSC).

A. Except as otherwise provided for in this chapter, the California Green Building Standards Code, 2025 Edition, together with those appendices expressly adopted by this chapter, including the appendices thereto, together with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations, is are approved and adopted, and are hereby incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CGBSC has been filed for use and examination of the public in the office of the building official of the city of Marina.

15.18.020 Portions of California Green Building Standards Code which are approved, adopted, and not approved, adopted, or incorporated by reference.

A. The following appendices to the California Green Building Standards Code, 2025 Edition, are approved, adopted, and incorporated in this chapter by reference:

1. Appendix A4 Residential Voluntary Measures

2. Appendix A5 Nonresidential Voluntary Measures
B. All other appendices to the California Green Building Standards Code, 2025 Edition, are not approved, adopted, or incorporated by reference.

Formatted: Indent: Left: 0.25"
The following portions of the California Green Building Standards Code or CGBSC, 2025 Edition, or of the appendix thereto, are not approved or adopted or incorporated in this chapter by reference, and shall not be deemed to be a part of this chapter nor a part of the green building standards code of the city of Marina:

All of the appendix chapters with the exception of the following appendix chapters or portion thereof:

A. CGBSC Appendices A-4 and A-5.

11. Chapter 15.22 of the Marina Municipal Code is hereby repealed and replaced in its entirety to read as follows:

Chapter 15.22 EXISTING BUILDING CODE

Sections

15.22.010 Adoption of California Existing Building Code (CEBC).

A. The California Existing Building Code, 2025 edition is approved and adopted, and is hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CEBC has been filed for use and examination of the public in the Office of the Building Official of the City of Marina.”

12. Section 15.24.010 of the Marina Municipal Code is repealed in its entirety and replaced to read as follows:

15.24.010 Adoption of Technical Provisions of California Plumbing Code (CPC).

A. Except as otherwise provided for in this Chapter, the California Plumbing Code, 2025 edition, together with those appendices expressly adopted by this chapter, and including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted, and are hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.

B One copy of the CPC has been filed for use and examination of the public in the Office of the Building Official of the City of Marina.

13. Section 15.24.030 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

15.24.030 Portions of California Plumbing Code which are approved, adopted, and not approved, adopted, or incorporated by reference.

A. The following appendix to the California Plumbing Code, 2025 Edition, is approved, adopted, and incorporated in this chapter by reference:

1. Appendix I Installation Standards
B. All other appendices to the California Plumbing Code, 2025 Edition, are not approved, adopted, or incorporated by reference.

C. Chapter 1, Division II, of the California Plumbing Code, 2025 Edition, is not approved, adopted, or incorporated by reference.

The following portions of the California Plumbing Code or CPC, 2025 edition, or of the appendix thereto, are not approved or adopted or incorporated in this Chapter by reference, and shall not be deemed to be a part of this Chapter nor a part of the plumbing code of the City of Marina:

Chapter 1 – Division II and all the Appendices with the exception of the following Appendix Chapters or portion thereof (which are approved, adopted and incorporated in this Chapter by reference):

A. CPC Appendix I.

14. Chapter 15.28 of the Marina Municipal Code is hereby repealed in its entirety and replaced to read as follows:

“Chapter 15.28 ELECTRICAL CODE

Sections

15.28.010 Adoption of the technical provisions of the California Electrical Code.

15.28.010 Adoption of Technical Provisions of California Electrical Code (CEC).

A. Except as otherwise provided for in this Chapter, the California Electrical Code, 2025 edition, together with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations are approved and adopted and are hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CEC has been filed for use and examination of the public in the Office of the Building Official of the City of Marina.

AMENDMENTS TO TITLE 15 OF THE MARINA MUNICIPAL CODE

BUILDINGS AND CONSTRUCTION

Editor’s Note: Bold, [bracketed] numbers and text are for identification purposes only and are not a part of the Title as amended.

“Chapter 15.32 ADOPTION OF THE CALIFORNIA FIRE CODE (CFC)

Sections:

15.32.005 Adoption of technical provisions of California Fire Code.

15.32.010 Definitions.

15.32.020 Bureau of fire prevention established.

15.32.030 Findings.

15.32.040 Section 101.1 Amended - Title

15.32.050 Section 101.2.1 Amended - Appendices

15.32.060 Section 102.1 Amended – Construction & Design Provisions

15.32.070 Marina City Code Interpretation

15.32.080 Section 103,.0 Added

15.32.090 Section 104.1.1 Added

15.32.100 Section 105.5.0 Added

15.32.110 Section 112.2 Amended.

15.32.120 Section 112.4 Amended

15.32.130 Section 113.4 Amended

15.32.140 Section 202 Amended

15.32.150 Section 503.2.7- Amended

15.32.160 Section 503.2.7.1- Amended

15.32.170 Section 503.7 - Amended

15.32.180 Section 505.1 - Amended

15.32.190 Section 507.5.2 - Amended

15.32.200 Section 605.3 - Amended

15.32.210 Section 901.1.1 - Added

15.32.220 Section 901.2.2 - Added

15.32.230 Section 901.4 - Amended

15.32.240 Section 901.4.8 - Added

15.32.250 Section 901.6.4 - Added

15.32.270 Section 901.7.7 - Added

15.32.280 Section 901.11 - Added

15.32.360 Section 903.2 - Amended

15.32.370 Section 903.2.8 - Amended

15.32.380 Section 903.3.1.1.1 - Added

15.32.390 Section 903.3.1.1.2 - Deleted

15.32.400 Section 903.3.1.2 - Amended

15.32.410 Section 903.3.1.3 - Amended

15.32.420 Section 903.3.10 - Amended

15.32.430 Section 903.4.2 - Amended

15.32.440 Section 9034.3 - Amended

15.32.450 Section 904.14.2 - Amended

15.32.460 Section 904.14.5.2 - Amended

15.32.470 Section 907.1.6 - Added

15.32.480 Section 907.2 - Amended

15.32.490 Section 907.6.4 - Amended

15.32.500 Section 907.6.5 - Amended

15.32.510 Section 907.6.6 - Amended

15.32.520 Section 907.6.6 - Amended

15.32.530 Section 907.7.2 - Amended

15.32.540 Section 907.8.2.1 - Added

15.32.550 Section 1205.1.1 - Amended

15.32.560 Section 1205.2.1 - Deleted

15.32.570 Section 1205.2 - Amended

15.32.580 Section 1206 - Amended

15.32.590 Section 1207.4.1.1 - Added

15.32.600 Section 1207 - Amended

15.32.610 Section 3905 - Amended

15.32.850 Section 5609.0 - Added

15.32.860 Section 5609.1 - Added

15.32.870 Section 5609.1.2 - Added

15.32.880 Section 5609.1.3 - Added

15.32.890 Section 5609.1.4 - Added

15.32.900 Section 5609.1.5 - Added

15.32.920 Appendix MC - Added

15.32.005 Adoption of technical provisions of California Fire Code

A. Except as otherwise provided for in this chapter, the California Fire Code or CFC, 2025 Edition, promulgated by the International Fire Code Institute, including the appendix sections, together with those omissions, amendments, exceptions, and additions thereto as amended in Title 24 of the California Code of Regulations, are approved and adopted, and are incorporated in this chapter by reference and made a part hereof the same as if fully set forth herein.

B. One copy of the CFC has been filed for use and examination of the public in the office of the fire chief of the City of Marina.
(Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.010 Definitions.

As used in this chapter or in any other uniform codes or other nationally recognized fire safety standard made a part of this chapter, unless otherwise apparent from the context:

A. “City” means the city of Marina when it refers to a political entity and means the incorporated area of the city of Marina when it refers to an area.

B. “City council” means the city council of Marina.

C. “Fire Chief” means the chief of the fire department serving the city of Marina.

D. “Fire code official” means the Fire Chief or his or her their designee.

E. “Mayor” means the mayor of the City of Marina.

F. “Municipality” means the City of Marina.
(Ord. 2025-___§ 1 (Exh. A (15) (part)), 2025)

15.32.020 Bureau of fire prevention established.

The California Fire Code shall be enforced by the fire chief or his/her designee. The fire chief is appointed as the fire code official. The bureau of fire prevention is established within the city under the direction of the fire code official. The function of the fire prevention bureau shall be the implementation, administration, and enforcement of the provisions of the Fire Code. References within the California Fire Code to the “department of fire prevention” shall mean the bureau of fire prevention
(Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.030 Findings.

The amendments set forth in Sections 15.32.040 through 15.32.930 are reasonably necessary because of the following local climatic, geological, and topographical conditions:

A. Climate. The city, on average, experiences an approximate annual rainfall of fifteen inches.

The heaviest months for rainfall can be expected between January and April. During winter months, the city may experience periods of heavy rain, which can cause local flooding. Due to the proximity of the Pacific Ocean, winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The city has also experienced periods of heavy fog, which has delayed the responding fire apparatus and prevented early disc overy of structure fires. Light to gusty winds occur during dry periods which, when coupled with highly flammable vegetation, can cause uncontrollable fires. With increased development spreading into brush covered coastal hill areas, wind driven fires could have severe consequences, as have been demonstrated on several occasions throughout the state.

B. Geologic. The city is susceptible to seismic hazards resulting from movement along any one of several known faults. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake -induced fires starting because of damage to gas lines, power lines or heat -producing appliances and the unavailability to water for fire control due to broken water mains. In the event of a major earthquake many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance.

C. Topographical. The city is divided by California State Highway 1. The freeway creates barriers which obstruct traffic patterns and delay response time for fire equipment. The water supply within the city is directly affected by the topographical layout. I n the event of a major catastrophe, the city does not have an elevated water storage system to supply pressurized water to the city fire hydrants.

D. Conclusion. Local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity and size of fire involving structures in this community.

Further, they impact potential damage to all structures from earthquake and subsequent fire.

Therefore, it is found to be necessary that the California Fire Code be amended by this chapter to mitigate the effects of these conditions.
(Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.040 Section 101.1 - Amended
*Section 101.1 of the CFC is deleted in its entirety and replaced with th e following:
101.1 Title
. These regulations shall be known as the Fire Code for the County of Monterey, hereinafter referred to as “Fire Code.”
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.050 Section 101.2.1 – Amended
*Section 101.2.1 of the CFC is deleted in its entirety and replaced with the following:
101.2.1 Appendices
. Provisions in all appendices to the 2025 California Fire Code are hereby adopted in their entirety and shall apply.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.060 Section 102.1 – Amended
*Section 102.1 of the CFC is deleted in its entirety and replaced with the following:
102.1 Construction and design provisions
. The construction and design provisions of
this Code shall apply to:

1. Structures, facilities and conditions arising after the adoption of this Code.

2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this Code.

3. Existing structures, facilities and conditions when identified in specific Sections of this
Code.

4. Existing structures, facilities and conditions, which, in the opinion of the Fire Code Official, constitute a distinct hazard to life and property.

5. Existing Structures Alterations, Additions and Repairs. a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter. b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or more of the externa l
walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent (50%) or more of the existing internal structural and/or non -
structural
framework, independently or in combination thereof, within a five year period, the
entire building shall be made to conform to the current provisions of this Chapter. c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans.
d
. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.070 Marina City Code Interpretation.

MARINA CITY CODE INTERPRETATION
With regards to construction provisions of this Code being required on building remodels:

If wall coverings (drywall, paneling, etc.) are removed down to bare studs, do these walls get included in the calculations?
ANSWER: No

1. If new wall coverings are installed over existing wall coverings, do these walls get included in the calculations?
ANSWER: No

2. What is the measurement parameter for determining the 50% figure? ANSWER: ALL WALLS, INTERIOR AND EXTERIOR, ARE MEASURED USING THE LINEAR FOOTAGE OF THE WALLS.

MARINA CITY CODE COMMENTARY
The following formula is used to determine the 50% linear wall length in the City of Marina and is a standard adopted by the Monterey County Fire Prevention Officers Association:

Step 1: Determine the total linear length of all walls of the existing building.

Step 2: Determine the total linear length of all walls of the proposed remodeled building, including additions to the building.

Step 3. Determine the total linear length of all walls that are proposed to be removed during the remodel.

Step 4. Add the results of Steps 1, 2, and 3.

Step 5. Determine whether Step 4 result is over 150% of the Step 1 result. If so, Section 102.1 applies. If not, it does not apply.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.080 Section 103.0 – Amended
*Section 103 of the CFC is amended to add Sections 103.0, 103.0.1, 103.0.2 and 103.4 to read as follows:
103.0 Responsibility for enforcement
.
103.0.1
Within established fire protection districts and community services districts, responsibility for enforcement of this Code shall be under the direction of the Fire Chief within each district.

103.0.2
In areas of Monterey County outside incor
porated cities or organized special
districts or fire districts, responsibility for enforcement of this Code shall be under the direction of the Chief Building Official of Monterey County.

103.4 Police powers
. The fire code official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the fire code official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the
fi
re code official in enforcing the provisions of this Code. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.100 Section 105.5.0 – Added
Section 105.5.0 is added to Chapter 1 of the Fire Code to read as follows:
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.110 Section 113.2 – Amended
*Section 113.2 of the CFC is deleted in its entirety and re placed with the following:
113.2 Owner/occupant responsibility
. Correction and abatement of violations of this
Code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this Code, the occupant shall be held responsible for the correction and a
batement of such hazardous conditions.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.120 Section 112.4 – Amended
*Section 113.4 of the CFC is deleted in its entirety and replaced with t he following:
113.4 Violation penalties
. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official
, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with Monterey County Code Section 1.22.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.130 Section 114.4 – Amended
*Section 114.4 of the CFC is deleted in its entirety and replaced with the following:
114.4 Failure to comply
. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 112.4 of th
is Code.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.140 Section 202 – Amended
*Section 202 of
the CFC is amended to add the following definitions:
202 Definitions
ALL WEATHER SURFACE. A road surface constructed to the minimum standards adopted by the jurisdiction.

BRIDGE. A structure to carry a roadway over a depression or obstacle.

IDLE PALLET. A pallet or similar product storage and/or lifting device not currently in use and empty of product.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.150 Section 503.2.7- Amended
*Section 503.2.7 of the CFC is deleted in its entirety and replaced w ith the following:
503.2.7 Grade . The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.160 Section 503.2.7.1 – Added
*Section 503.2.7.1 is added to Chapter 5 of the Fire Code to read as follows:
503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.170 Section 503.7 – Amended
*Section 503 of the CFC is amended to add Section 503.7 to read as follows:
503.7 Fire apparatus access road names
. All fire apparatus access road names shall
be issued or approved by the appropriate governmental agency. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.180 Section 505.1 – Amended
*Section 505.1 of
the CFC is deleted in it’s entirety and replaced with the following:
505.1 Address Identification. New and existing buildings shall be provided with an approved address identification. The address identification shall be legible and placed in a position that is visible at all times from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4” high with a minimum width stroke of one-half inch for single family dwellings and duplexes. For all other occupancies each character shall be not less than 10” high with a minimum stroke of three- quarters inch unless otherwise required by the Fire Code Official. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.190 Section 507.5.2 – Amended
*Section 507.5.2 of the CFC is deleted in its entirety and replaced with the following:
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations, and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.200 Section 605.3 – Amended
*Section 605.3 of the CFC is amended to add Section 605.3.1 and 605.3.2 to read as follows
:
605.3.1 Spark arresters
. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks or similar devices using solid fuel for conveying smoke or hot gases to the outer air
605.3.1.2 Spark arresters shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.210 Section 901.1.1 – Added
*Section 901.1 of the CFC is amended to add Section 901.1.1 to read as follows 901.1.1 Responsibility . The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.220 Section 901.2.2 – Amended
*Section 901.2 of the CFC is amended to add Section 901.2.2 to read as follows
901.2.2 Additional documentation . Additional documentation as required by the fire code official shall be provided to the fire code official in an acceptable format. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.230 Section 901.4 – Amended
*Section 901.4 of the CFC is deleted in its entirety and replaced with the following:
901.4 Fire Protection and Life Safety Systems. Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled, or added to. Alterations to fire protection systems shall be done in accordance with applicable standards. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.240 Section 901.4.8 – Added
*Section 901.4.8 is added to Chapter 9 of the Fire Code to read as follows:
901.4.8 Nonoperational equipment. Any fire protection equipment that is no longer in service shall be removed.

MARINA CITY CODE INTERPRETATION

With regards to construction provision of the Marina City Fire Code being require on ancillary building based on proximity to the main structure, when are detached buildings to be considered “attached” for the purposes of imposing fire protection system re quirements of the Marina City Fire Code?

Answer: Ancillary buildings withing 20 feet of the main structure are considered “attached” for the purpose of imposing fire protection system requirements.

15.32.250 Section 901.6.4 – Added
Section 901.6 of the CFC is amended to add Section 901.6.4 and 901.6.5 to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel . All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified.

Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business and Professions Code or by the California State Fire Marshal. 901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the fire code official within 21 calendar days after the date of the inspection or test. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.270 Section 901.7.7 - Added
*Section 901.7.7 of the CFC is added to read as follows 901.7.7 Unless otherwise approved by the Fire Code Official, fire watch personnel shall be California licensed private security individuals with a minimum of two (2) individuals on duty at all times . Fire watch personnel shall be on duty 24 hours per day until the fire protection system has been returned to service.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.280 Section 901 - Added
*Section 901 of the CFC is amended to add Section 901.11 to read as follows:
901.11 Fire Protection Features f
or Plant Processing and Extraction Facilities
901.11.1 Scope
. This section applies to occupancies regulated by Chapter 39 of this Code. 901.11.2 Definitions
.
901.11.2.1 Plant processing
. Plant processing shall include all plant post
-
harvest
operations, excluding retail sales of plant and related products. 901.11.2.2 Indoor cultivation
. Indoor cultivation shall be defined as all nursery or cultivation conducted in other than Group U occupancies (greenhouses). 901.11.3 Fire Protection Systems
. All buildi
ngs or portions thereof housing plant post
-
harvest or indoor cultivation operations shall be protected as defined in this section. 901.11.3.1 Fire Sprinklers
. Fire sprinklers shall be installed in accordance with 901.11.3.1.1, 901.11.3.1.2, or 901.11.3.1.3
901.11.3.1.1 Fire sprinklers shall be installed in all buildings or portions thereof; such fire sprinkler systems shall be designed to Ordinary Group II design standards in the latest adopted edition of NFPA 13 and Section 903 of this code. 901.11.3.1.2
If the occupancy is classified as a Group H Occupancy the fire sprinkler system may be required to be designed and installed as an Extra Hazard fire sprinkler system
901.11.3.1.3 Where permitted by the fire code official and not otherwise required by this code or the CBC, fire sprinklers may be eliminated in approved buildings less than 500 square feet.
901.11.3.2 Fire Alarm Systems
. Fire alarm systems shall be installed in all buildings or portions thereof; such fire alarm systems shall include both fire sprinkler system
monitoring and complete occupant notification as specified in the latest adopted edition of NFPA 72 and Section 907 of this code.
901.11.3.3 Special Hazard Systems
. Where specified by appropriate UL listings for
extraction booths utilizing volatile solvents, dry chemical fire protection systems shall be installed according to the latest adopted edition of NFPA 17. If there is no UL listing for the extraction booth,
a dry chemical fire protection system shall be installed. 901.11.3.4 Port
able Fire Extinguishers
. Portable fire extinguishers shall be installed in
accordance with NFPA 10 and Section 906 of this code.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.360 Section 903.2 – Amended
*Section 903.2 of the CFC is deleted in its entirety and replaced with the following:
903.2 Where required . Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into, or relocated within the jurisdiction.

Exceptions:
(1) Structures not classi fied as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer. (3) Accessory structures not classified as R occupancies associated with existing non - sprinklered R -3 occupancies (one - or two -family dwellings) and less than one thousand five hundred (1500) square feet in total fire area.
(4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the Fire Code Official permits alternate protection.

*Sections 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.3, 903.2.4, 903.2.4.1, 903.7.1, 903.7.3, 903.2.9, 903.2.9.1 and 903.2.9.2 of the CFC are amended as follows 903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet. 903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet. 903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.4.1 Group F -1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet.
903.2.7-1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.7-3 Group M. Change twenty -four thousand (24,000) square feet to five hundred (500) square feet.
903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet. 903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.370 Section 903.2.8 – Amended
*Section 903.2.8 of the CFC, first paragraph is deleted in its entirety and replaced with the following. Exceptions remain unchanged
.
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one - and two- family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems. (Exceptions remain per 2025 California Fire Code)
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.380 Section 903.3.1.1.1 -5 – Added
*Section 903.3.1.1.1 of the CFC is amended to add Section 903.1.1.1 -
5 to read as follows
903.3.1.1.1-5 Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2-hour fire resistive method. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.390 Section 903.3.1.1.2 – Deleted
Section 903.3.1.1.2 is deleted in its entirety:
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.400 Section 903.3.1.2 – Amended
*Sections 903.3.1.2, 903.3.1.2.1, 903.3.1.2.2, 903,3.1.2.3, 903.1.2.4, 903.3.1.2.5, and 903.1.2.6 of the CFC are deleted in its entirety and replaced with the following:
903.3.1.2 NFPA 13R sprinkler systems
. Automatic sprinkler systems in Group R
occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code. 903.3.1.2.1 Balconies and decks
. Sprinkler protection shall be provided for exterior
balco
nies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.
903.3.1.2.2 Attics
. Where NFPA 13R sprinkler
systems are installed, all attic areas shall
be provided with sprinkler protection in accordance with NFPA 13. 903.3.1.2.3 Sprinkler control valves.

Where NFPA 13R sprinkler systems are installed,
sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.4 Bathrooms
. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.5 Accessible storage areas
. Automatic sprinklers shall be installed
in all
accessible storage areas.
903.3.1.2.6 Under
-
stair spaces
. Automatic sprinklers shall be installed in all under
-
stair spaces including
all under
-
stair closets .
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.410 Section 903.3.1.3 – Amended
*Section 903.3.1.3 of the CFC is deleted in its entirety and replaced with the following .
903.3.1.3 NFPA 13D sprinkler systems . Automatic fire sprinkler systems installed in one and two-family dwellings, Group R -3 and R -4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requirements of this section supersede the requirements of the California Residential Code. 903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems.

A separate shut -off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures and in all garages and other accessory structures. 903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets. 903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility le vel of not less than 75 dBa. Where no kitche n exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. Where required by the fire code official, interior audible notification appliances or additional water flow alarms may be required to be installed at locati ons specified by the fire code official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

MARINA CITY FIRE CODE INTERPRETATION
With regards to requiring fire sprinkler installation in bathrooms, Do rooms with toilets and/or bidets only and no electrical receptacles require fire sprinklers? ANSWER: No unless they exceed the 55 square foot minimum in NFPA 13R and NFPA 13D.

Do rooms with showers only and no electrical receptacles require fire sprinklers? ANSWER: No, unless they exceed the 55 square foot minimum in NFPA 13R and NFPA 13D
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.420 Section 903.3.10 – Amended
*Section 903.3.10 of the CFC is deleted in its entirety and replaced with t he following
.
903.3.10 Floor control valves
. Approved indicating control valves and water flow
switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.

15.32.430 Section 903.4.2 – Amended
*Section 903.4.2of the CFC, first paragraph is deleted in its entirety and replaced with the following. Exceptions remain unchanged :
903.4.2 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.440 Section 903.4.3 – Amended
*Section
903.4.3 of the CFC, first paragraph is deleted in its entirety and replaced with the following.
903.4.3 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest ori fice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.
903.4.3.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over 100 sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at 15 dBa above average sound pressure level throughout the building.
b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the fire code official.

EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.450 Section 904.14.2 – Amended
Section 904.14.2 of the CFC is deleted in its entirety and replaced with the following:
904.14.2 System interconnection . The actuation of the fire extinguishing system shall automatically shut down all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.460 Section 904.14.5.2 – Amended
*Section 904.14.5.2 of the CFC is deleted in its entirety and replaced with the following.

904.14.5.2 Extinguishing system service . Automatic fire extinguishing systems shall be serviced by a CSLB licensed C -16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the fire code official. A service report shall be forwarded to the fire code official by the licensed service contractor within 15 days after every service on the appropriate AES form. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.470 Section 907.1.6 – Added
*Section 907 of the CFC is amended to add Section 907.1.6 to read as follows: :
907.1.6 Multiple Fire Alarm Systems . Multiple fire alarm systems within a single protected premises are not permitted, unless specifically authorized by the fire code official. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.480 Section 907.2 – Amended
*Section 907.2 Exception 1 of the CFC is deleted in its entirety and replaced with the following
907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.490 Section 907.6.4
-
Amended
*Section 907.6.4 of the CFC is amended to add Section 907.6.4.0 to read as follows:
907.6.4.0 Zone transmittal
. Where required by the
fire code official, fire alarm signals
shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.500 Section 907.6.5– Amended
*Section 907.6.5 of the CFC is deleted in its entirety and replaced with the following. 907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance, and testing.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.510 Section 907.6.6– Amended
*Section 907.6.6 of the CFC is deleted in its entirety and replaced with the following. 907.6.6 Monitoring. Fire alarm systems, whether required by this chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this section.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.520 Section 907.6.6 is amended to add Section 907.6.6.0 *Section 907.6.6 of the CFC is amende
d to add Section 907.6.6.0 to read as follows:
907.6.6.0 Means of communication
. The use of either POTS or cable telephone lines
with a digital alarm communicator transmitter shall not be permitted.

EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.530 Section 907.7.2– Amended
*Section 907.7.2 of the CFC is deleted in its entirety and replaced with the following 907.7.2 Completion documents
. The following documentation shall be provided at the
time of acceptance testing for all fire alarm system installations:

1. A record of completion in accordance with NFPA 72.

2. A record of inspection and testing in accordance with NFPA 72.

3. A contractor’s statement verifying that the system has been installed in accordance with the approved plan
s and specifications and has been 100% tested in accordance with NFPA 72.

4. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.540 Section 907.8.2.1– Added
*Section 907.8.2.1 is added to read as follows:
907.8.2.1 Testing of FACU Batteries
. Batteries installed in the fire alarm control units
and remote
power supplies shall be verified for battery capacity based on the approved plans and batter calculations. It shall not be permitted to disconnect the system for 24 hours prior to an acceptance or reacceptance test to test the battery capacity.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.550 Section 1205.1.1– Amended
*Section 1205.1 of the CFC is amended to add Section 1205.1.1 to read as follows:
1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non -serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather -resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8” in height and in a non —serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.
1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator back up systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary power source shutoff switch.
1205.1.1.4 Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.
(Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.560 Section 1205.2.1– Amended
*Section 12

05.2 of the CFC is amended to add Section 1205.2.1.4 to read as follows:

Section 1205.2.1, Exceptions 1 and 2 of the California Fire Code are deleted in their entirety. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.570 Section 1205.2– Amended
*Section 1205.2 of the CFC is amended to add Section 1205.2.1.4 to read as follows:
1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.580 Section 1206– Amended
*Section 1206 of the CFC is amended to add Section 1206.14 to read as follows:
1206.14
Where stationary fuel cell power systems are installed inside any structure, signage acceptable to the fire code official shall be required i ndicating the location of
the stationary fuel cell power system. Placarding shall be required to read “FUEL CELL” in block letters 6” high with a ¾” stroke on a contrasting background. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.590 Section 1207.4.1.1– Added
*Section 1207.4.1.1 is added to the CFC to read as follows:
1207.4.1 .1 Energy storage systems (ESS) disconnects shall be located at or adjacent to the main electrical panel with appropriate placarding showing location of equipment and all shu
tdowns.

15.32.600 Section 1207– Amended
*Section 1207 of the CFC is amended to add Section 1207.4.8 -
6 to read as follows:
1207.4.8
-
6 Where battery energy storage systems are installed inside any structure, signage acceptable to the fire code official shall be required indicating the location of the battery energy storage system. Placarding shall be required to read “BESS” in block let
ters 6” high with a ¾” stroke on a contrasting background.

15.32.610 Section 3905– Amended
*Section 3905 of the CFC is amen
ded to add Section 3905.4 to read as follows:
3905.4. Fire Protection Systems. Fire protection systems in occupancies regulated by this chapter shall be in accordance with Section 901.11 of this Code. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025

15.32.850 Section 5609.0 added
Section 5609.0 is added to Chapter 56 of the California Fire Code to read as follows:
5609.0 Safe and Sane Fireworks Permitted. Notwithstanding the foregoing provision of law, safe and sane fireworks, as defined by the California Health and Safety Code or regulations issued by the Office of the State Fire Marshal, may be sold and discharged within the City during the period from 12:00 o’clock noon on June 28 to and until 11:59 p.m. on July 4 of each year, pursuant to the provisions of this ordinance and not otherwise.

No fireworks shall be sold, or offered for sale, discharged, or possessed within the city of Marina that are classified by the California Health and Safety Code as a dangerous firework.

Any property owner that allows the willful possession, sale or discharge of illegal or dangerous fireworks shall be held responsible and subject to a citation resulting in a fine, imprisonment or both. Any person in possession of illegal or dangerous fireworks shall be held responsible and subject to a citation resulting in a fine, imprisonment or both, all fireworks shall be confiscated.

The safe and sane firework known as a “Piccolo Pete”, “Whistling Phantom”, or similar type of whistling fountain shall not be sold or discharged within the city of Marina. (Ord. 2025-____§ 1 (Exh. A (15) (part)), 2025)

15.32.860 Section 5609.1 added
Section 5609.1 is added to Chapter 56 of the California Fire Code to read as follows:
5609.1 Sale Permit Required. No person, co-partnership, partnership, organization, or group shall sell safe and sane fireworks within the City without first having applied for and received a permit therefore in compliance with the terms of this ordinance. Upon receipt of a written application for a permit pursuant to this ordi nance, the city manager shall direct the Fire Chief to cause an investigation to be made and make a report to the city manager of his their findings and his their recommendations for or against the issuance of a permit, together with his their reasons therefor. After the receipt of such report and recommendations, the City Manager shall have the power, in his their discretion, to grant or deny the application. The denial of an application may be appealed to the City council by a written notice of appeal filed with the city clerk within five (5) business days after notice of the city manager’s action.

Any permit granted by the city manager may be subject to such reasonable conditions and restrictions as may be imposed by the city manager, and such conditions and restrictions shall be complied with by the permittee.
(Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.870 Section 5609.1.2 added.

Section 5609.1.2 is added to Chapter 56 of the California Fire Code to read as follows:
5609.1.2 Permittees. The sale of “safe and sane” fireworks within the city is allowed by non-profit agency, certified by the Secretary of the State of California or the Internal Revenue Service, that is based in the City of Marina and having a mailing address within the city of Marina and whose primary purpose is to benefit the youth and adults that live in the city of Marina. No permit for the sale of safe and sane fireworks shall be issued to any person, corporation, partnership, organization or group which has not been in business or in operation within the City for at least one (1) year continuously preceding the filing of the application. Being in business shall require the prior payment of a business license fee to the City. An organization or group shall be deemed to be in opera tion if it has a principal and permanent meeting place in the City, holds regular business meetings at that location and has a bona fide membership of at least twenty (20) members. (Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.880 Section 5609.1.3 added.

Section 5609.1.3 is added to Chapter 56 of the California Fire Code to read as follows:
5609.1.3. Application for Permit. Application for a permit to sell safe and sane fireworks shall:
a) Be made in writing.
b) Be filed with the Fire Chief on or prior to May 1 of each year. c) Set forth the proposed location of all fireworks stands, and the dimensions thereof. d) Be accompanied by an assurance that if a permit is issued the applicant, at the time of receipt of such permit, shall deliver to the city manager satisfactory evidence of an insurance policy with $50,000/100,000 public liability and $10,000 property damage coverages, with a rider attached to the policy designating the City and its agents and employees as additional insured thereunder.
e) Be accompanied by an assurance that if a permit is issued the applicant, at the time of receipt of such permit, shall deposit $100.00 cash with the city clerk, which deposit shall be refunded to the permittee after the permit period has ended, if said permittee has complied with all applicable provisions of law for the sale of fireworks, but to be forfeited and retained by the City in the event of noncompliance with such law; f) Be accompanied by a non-refundable application fee as specified in Chapter 3 of the Marina Municipal Code; and
g) Shall contain the following information: name and address of the applicant; applicant’s business or organization status; the date the applicant was organized or first conducted business; the names and addresses of applicant’ s officers, if any; the location of applicant’s principal and permanent place of business or meeting; the location where applicant will sell and store fireworks; and the applicant’s State Board of Equalization Sales Tax Permit Number.

Provided the above requirements are met, permits shall be granted on a first-applied for, first- granted basis. Applicants for permits hereunder shall be notified by the Fire Chief or his or her their designee of the granting or denial of their application for a permit on or before the first day of June each year.
(Ord. 2025-____ § 1 (Exh. A (15) (part)), 2025)

15.32.890 Section 5609.1.4 added.

Section 5609.1.4 is added to Chapter 56 of the California Fire Code to read as follows:
5609.1.4 Fireworks Stands, Regulations. All retail sales of safe and sane fireworks shall be permitted only from within temporary fireworks stand, and the sale from any other building or structure is prohibited. Such stands shall be subject to the following regulations:
a) No person, corporation, partnership, organization, or group other than the designated permittee shall operate the stand for which a permit is issued or share or otherwise participate in the profits from the operation of such stand.
b) No person other than individuals who are employees of the permittee or members of a permittee organization or group, or the spouses or children, eighteen years or older, of such persons, shall sell or otherwise participate in the sale of fireworks at such stand. c) Fireworks stands shall comply with the provisions of the Building Code of the City, and all stands shall be erected under the supervision of the building official, who shall require that stands be constructed in a manner which will reasonably insure the safety of attendants and patrons. An electrical permit and compliance with electrical codes are required. d) If, in the judgment of the building official or fire department inspector, the construction of the stands or the conduct of the operators therein does not conform to the provisions of this ordinance, such officer may order the stands immediately closed. e) No person shall be allowed in the interior of the stands except those directly employed in the sale of fireworks.
f) There shall be at least one supervisor, twenty-one (21) years of age or older, on duty at all times. There shall be no sale of fireworks to persons under sixteen (16) years of age. g) No stand shall be placed closer than thirty (30) feet to any other building. h) NO SMOKING signs shall be prominently displayed both inside an d outside the stand. No smoking shall be permitted within the stand, or within five (5) feet of the stand. i) All weeds and combustible material shall be cleared from the location of the stand.

No rubbish shall be allowed to accumulate in or around any fireworks stand, nor shall a fire nuisance be permitted to exist.
j) No stand shall be erected before June 15th of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than noon of the 12th day of July following.
k) All stands must be equipped with at least one 2 1/2 -gallon water pressure type extinguisher for each exit in the stand. Each fire extinguisher shall have a current State Fire Marshal tag affixed and have been serviced within the last year. l) Each stand in excess of twenty (20) feet in length must have at least two (2) exits; and each stand in excess of forty (40) feet in length must have at least three (3) exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed twenty (20) feet.
m) No stand shall be constructed with a depth of more than twelve (12) feet. n) All unsold safe and sane fireworks shall be returned to the wholesaler not later than the eighth (8) day of July.
o) Fireworks shall be stored only in a metal type Conex container and be equipped with a lock for overnight storage at the firework stand location. No fireworks shall be stored in the temporary fireworks stands when the stand is not occupied and not in operation. p) In addition to the above, the permittee shall also conform to all regulations relating to the storage and sale of fireworks as set forth in the California Health and Safety Code and the Fireworks Rules and Regulations of the State Fire Marshal. q) No one shall possess, use, or sell dangerous or illegal fireworks from the stand or near the stand. Violation of this section shall cause for immediately revoking the Fire Department permit and the stand will be shut down.
r) No Fireworks shall be sold or discharged on the Marina Municipal Airport property, except by approval of the City’s Fire Chief during a City -sponsored event in an area designated by the Chief. Such fireworks must be certified as “safe and sane” by the State Fire Marshal's Office.
(Ord. 2025-___ § 1 (Exh. A (15) (part)), 2025)

15.32.900 Section 5609.1.5 added.

Section 5609.1.5 is added to Chapter 56 of the California Fire Code to read as follows:
a. 5609.1.5 NUMBER OF FIREWORK STAND PERMITS.
(a) Firework stand permits shall be limited to one (1) permit being available for firework stands in the City per every three thousand (3,000) in City population. (b) As the population of the City increases, the then current limit on the number of permits for any calendar year shall be increased by one (1) permit per every three thousand (3,000) in additional City population. Population to be determined using the then current State of California Department of Finance, Demographic Research Unit’s Population Estimates for California cities.
(Ord. 2025-____ § 1 (Exh. A (15) (part)), 2025)

15.32.920 Appendix MC adopted and added.

Appendix MC is adopted and added to read:

APPENDIX MC: STANDARD FIRE CONDITIONS FOR SINGLE FAMILY DWELLINGS

SECTION MC101 GENERAL

MC101.1 Scope
. Applications for the construction or remodel of single family dwellings, including one
-
and two
-
family dwellings, townhomes, modular and manufactured
homes, and mobile homes outside of established mobile home parks, shall be subject to the fire condition
s in this appendix when conditioned
by the Fire Code Official.

MC101.2 Conflicting sections.

Where provisions in this appendix conflict with other
sections of this Code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the Fire Code Official.

SECTION MC102 ROADS

MC102.1 General.

These conditions will be used primarily when conditioning a subdivision or other project that requires roads. Roads identified in this Section are vehicular access to more than two (2) parcels; more than four (4) re sidential units; or
access to any industrial or commercial occupancy. Includes public and private streets and lanes.

MC102.2 Road access.
(FIRE 001). Access roads shall be required for every building when any portion of the exterior wall of the first story is located more than one hundred fifty (150) feet from fire department access. All roads shall be constructed to provide a minimum of two
(2) ten (10) feet wide traffic lanes with an unobstructed vertical clearance of not less than fifteen (15) feet. Th e roadway surface shall provide
unobstructed access to conventional drive vehicles including sedans and fire apparatus and shall be an all
-
weather surface designed to support the imposed load of fire apparatus (75,000 pounds). Each road shall have an appro ved name.

MC102.3 Roadway engineering.
(FIRE 002). The grade for all roads shall not exceed
fifteen percent (15%) with a maximum side slope of five percent (5%). Where road grades are 8 percent (8%) or less, an all
-
weather aggregate base is required at a
minimum or as required in other sections of the Monterey County Code. Where road grades exceed eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The length of vert
ical curves in roadways, exclusive of gutters, ditches and drainage structures designed to hold or divert water, shall not be less than one hundred (100) feet. No roadway turn shall have a horizontal inside radius of less than fifty (50) feet. A roadway tu
rn radius of fifty (50) to one hundred (100) feet is required to have an additional four (4) feet of roadway surface. A roadway turn radius of one hundred (100) to two hundred (200) feet is required to have an additional two (2) feet of roadway surface. Ro
adway turnarounds shall be required on dead
-
end roads in excess of one
hundred fifty (150) feet of surface length. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of
the “T” shall be a minimum of sixty (60) feet in length.

MC102.4
Dead end roads.

MC102.4.1
Parcels less than one acre. (FIRE 003). For parcels less than one acre, the maximum length of a dead
-
end road, including all dead
-
end roads accessed from that
dead
-
end road, shall not exceed eight hundred (800) feet. All dead -
end road lengths
shall be meas
ured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead -
end
road ser
ves parcels of differing sizes, the shortest allowable length shall apply. Each dead
-
end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road.

If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

MC102.4.2
Parcels greater than one acre and not exceeding five acres (FIRE 004). For parcels greater than one acre and not exceeding five acres, the maximum length o f a
dead
-
end road, including all dead
-
end roads accessed from that dead
-
end road, shall
not exceed one thousand three hundred twenty (1,320) feet. All dead -
end road lengths
shall be measured from the edge of the roadway surface at the intersection that beg
ins the road to the end of the road surface at its furthest point. Where a dead -
end
road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead
-
end road shall have a turnaround constructed at its terminus. The minimum turni
ng radius for a turnaround shall be forty (40) feet from the center line of the road.

If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length

MC102.4.3
Parcels greater than five acres and not exceeding twenty (20) acres. (FIRE 005). For parcels greater than five acres and not exceeding twenty (20) acres, the maximum length of a dead
-
end road, including all dead
-
end roads accessed from that
dead
-
end road,
shall not exceed two thousand six hundred forty (2,640) feet. Al l dead
-
end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point.

Where a dead
-
end road serves parcels of differing sizes, the shortest allowable le ngth
shall apply. Each dead
-
end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320) foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the ro ad.

If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

MC102.4.4
Parcels greater than twenty (20) acres. (FIRE 006). For parcels greater than twenty (20) acres, the maximum length of a dead
-
end road, including all dead
-
end
roads accessed from that dead
-
end road, shall not exceed five thousand two hundred
eighty (5,280)
feet. All dead
-
end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface
at its furthest point. Where a dead
-
end road serves parcels of differing sizes, the
shortest allowable length shall apply. Each dead
-
end road shall have turnarounds at
its terminus and at no greater than one thousand three hundred twenty (1,3 20)
-
foot
intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

SECTION MC103 DRIVEWAYS, GATES, AND

BRIDGES

MC103.1 Driveways.
(FIRE 007). Driveway identified in this Section is defined as a vehicle access that serves up to two (2) parcels with no more than two (2) residential units and any number on non
-
commercial or industrial buildings on each parcel.

Driveways shall not be les
s than twelve (12) feet wide traffic lane and minimum
fourteen (14) feet wide unobstructed clearance, with an unobstructed vertical clearance of not less than fifteen (15) feet. The grade for all driveways shall not exceed fift
een percent (15%) with a maximum side slope of five percent (5%). Where driveway grades are eight percent (8%) or less, an all
-
weather surface such as an aggregate
base shall meet minimum fire requirements. Other types of material for driveways may be required by Monterey County Code. Where the grade exceeds eight percent (8%), a minim
um structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The driveway surface shall be capable of supporting the impo
sed load of fire apparatus forty thousand (40,000) pounds, and be accessible by conventional
-
drive vehicles, including sedans. For driveways with turns ninety (90) degrees and less, the minimum horizontal inside radius of curvature shall be twenty
-
five (25
) feet. For driveways with turns greater than ninety (90) degrees, the minimum horizontal inside radius curvature shall be twenty -
eight (28) feet. For all
driveway turns, an additional surface of four (4) feet shall be added. All driveways exceeding one hu
ndred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds eight hundred (800) feet, turnouts shall be provided at no greater than four hundred (
400)
-
foot intervals. Turnouts shall be a minimum of twelve (12) feet wide and thirty (30) feet long with a minimum of twenty (25) foot taper at both ends.

Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface lengt
h and shall be thirty (30) feet long with a minimum twenty -
five (25) foot
taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be located within fifty (50) feet of the primary
building. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the driveway. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

MC103.2 Gates.
(FIRE 008). All gates provi
ding access from a road to a driveway shall
be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gate entrances shall be at least two (2) feet wider than the width of the t
raffic lane but in no case be less than fourteen (14)
feet wide unobstructed and unobstructed vertical clearance of fifteen (15) feet. Where a one
-
way road with a single traffic lane provides access to a gated entrance, a forty (40) foot turning radius sha
ll be used. Where gates are to be locked, the installation of a key box or other acceptable means for immediate access by emergency equipment may be required.

MC103.3 Bridges.
(FIRE 009). All new and reconstructed bridges shall be at least the width of the roadbed and berms, but in no case less than twelve (12) feet wide. Bridge width on all roads exceeding tertiary standards shall not be less than the width of the two lanes wit
h berms. All bridges shall be designed for HS15
-
44 loading and have
guardrails
. Appropriate signage, including but not limited to, weight ratings or vertical clearance limitations, and one
-
way road or single
-
lane road conditions, shall be
provided at both entrances to any bridge. One
-
lane bridges may be permitted if there is
unobstr
ucted visibility across the entire bridge, and turnouts are provided at both bridge ends. The fire authority may impose more stringent requirements for bridges.

SECTION MC104 SIGNS AND ADDRESSES

MC104.1 Road signs.
(FIRE 010). All newly constructed or
approved roads and streets
shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway. Size of letters, numbers and symbols for street and road signs shall be a minimum four
-
inch letter height, ½
-
inch stroke, and shall be a color that is
reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non
-
combustible and shall be visible
and
legible from both directions of vehicle travel for a dist ance of at least one hundred
(100) feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions of the jurisdiction. This section does not require any entity to rename or renumber existing roads or streets, no
r shall a roadway providing access
only to a single commercial or industrial occupancy require naming or numbering.

Signs required under this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roa
ds, streets and/or private lanes.

Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead
-
end road, one
-
way road or single lane conditions, etc.) shall be
placed: (a) at the intersection preceding the traf
fic access limitation; and (b) not more
than one hundred (100) feet before such traffic access limitation. Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Fire Code Offic
ial.

MC104.2 Addresses for buildings.
(FIRE 011). All buildings shall be issued an address in accordance with jurisdictional requirements. Each occupancy, including detached accessory dwelling units (ADU), except accessory buildings, shall have its own permanently posted address. When multiple
occupancies exist within a single building,
each individual occupancy shall be separately identified by its own address. Letters, numbers and symbols for addresses shall be a minimum of four -
inch (4”) height, 1/2
-
in
ch stroke, contrasting with the background color of the sign, and shall be Arabic. The sign and numbers shall be reflective and made of a noncombustible material. Address signs shall be placed at each driveway entrance and at each driveway split. Address s
igns shall be and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one
-
way roads shall be visible from both directions
of
travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection provid
ing access to that site. Permanent address numbers shall be posted prior to requesting final clearance.

SECTION MC105 WATER SUPPLY

MC105.1 Water systems.
(FIRE 012). The provisions of this condition shall apply when new parcels are approved by a local
jurisdiction. The emergency water system shall be
available on
-
site prior to the completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved. Appro
ved water systems shall be installed and made
serviceable prior to the time of construction. Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition t
o average daily demand, NFPA Standard 1142 or
other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available.

MC105.2
(RESERVED) (FIRE 013).

MC105.3 Single parcel fire protection water supply.
(FIRE 014). For development of
structures totaling less than three thousand (3,000) square feet on a single parcel, the minimum fire protection water supply shall be four thousand nine hundred (4,900) ga
llons. For development of structures totaling three thousand (3,000) square feet or more on a single parcel, the minimum fire protection water supply shall be nine thousand eight hundred (9,800) gallons. For development of structures totaling more than ten
thousand (10,000) square feet on a single parcel, the reviewing authority may require additional fire protection water supply. Other water supply alternatives, including ISO Rural Class 8 mobile water systems, may be permitted by the fire authority to pro
vide for the same practical effect. The quantity of water required by this condition shall be in addition to the domestic demand and shall be permanently and immediately available.

MC105.4 Fire hydrants and valves.
(FIRE 015). A fire hydrant or fire valve is required.

The hydrant or fire valve shall be eighteen (18) inches above grade, eight feet from flammable vegetation, no closer than four feet nor further than twelve (12) feet from a roadway, and in a location wh
ere fire apparatus using it will not bl
ock the roadway. The
hydrant serving any building shall be not less than fifty (50) feet and not more than one thousand (1,000) feet by road from the building it is to serve. Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2
-
inch National
Hose outlet supplied by a minimum four inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimension s of three inches,
located on the driveway address sign, non
-
combustible post or fire hydrant riser. If
used, the post shall be within three feet of the hydrant/valve, with the blue marker not less than three feet or greater than five feet above the ground , visible from the
driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.

SECTION
MC106 SETBACKS

MC106.1 Setbacks.
(FIRE 016). Except as permitted by the fire code official, all parcels one acre and larger shall provide a minimum thirty (30) foot setback for new buildings and accessory buildings from all property lines and/or the center of the road. For parcels less th
an one
-
acre, alternate fuel modification standards or other
requirements may be imposed by the Fire Code Official to provide the same practical effect.

SECTION MC107 VEGETATION AND DEBRIS DISPOSAL

MC107.1 Disposit
ion of vegetation and debris fuels.
(FIRE 017). Disposal, including
chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be comple
ted prior to final clearance of the
related permit.

SECTION MC108 GREENBELTS

MC108.1 Greenbelts.
(FIRE 018). Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall loca te said greenbelts strategically
as a separation between wild land fuels and structures. The locations shall be approved by the Fire Code Official.

SECTION MC109 DEFENSIBLE SPACE

MC109.1 Standard defensible space requirements.
(FIRE 019). Defensible space
requirements shall meet Section 4291 of the Public Resources Code or the Monterey County Code, whichever is more restrictive. Additional or alternate fire protection approved by the Fire Code Official may be required to provid e reasonable fire safety
.

Environmentally sensitive areas may require alternative fire protection, to be determined by the Fire Code Official and other jurisdictional authorities.

MC109.2
(RESERVED) (FIRE 020).

SECTION MC110 FIRE PROTECTION SYSTEMS

MC110.1 Residential fire sprinkler systems (Standard).
(FIRE 021). The building(s) and
attached structure(s) shall be fully protected with automatic fire sprinkler system(s).

Installation shall be in accordance with the applicable NFPA standard. A minimum of four sets of plans for
fire sprinkler systems must be submitted by a California licensed C
-
16 contractor and approved prior to installation. This requirement is not intended to delay issuance of a building permit. A rough sprinkler inspection must be scheduled by the installing
contractor and completed prior to requesting a framing inspection.

MC110.2
(RESERVED) (FIRE 022).

MC110.3
(RESERVED) (FIRE 023).

MC110.4 Residential fire alarm systems.
(FIRE 024). The residence shall be fully
protected with an approved household fi
re warning system as defined by NFPA 72.

Plans and specifications for the household fire warning system shall be submitted by a California licensed C
-
10 contractor and approved prior to installation. Household fire warning systems installed in lieu of sing
le
-
station smoke alarms required by the
California Residential Code shall meet the requirements of the California Residential Code.

MC110.5
(RESERVED) (FIRE 025).
(Ord. 2025-____ § 1 (Exh. A (15) (part)), 2025)

August 17, 2026 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 1, 2026

CITY COUNCIL SHALL OPEN A PUBLIC HEARING AND CONSIDER
INTRODUCING ORDINANCE NO. 2026 -, AMENDING THE MARINA
MUNICIPAL CODE (MMC) SECTION 17.42.170 (SHORT -TERM RENTALS).

THE PROPOSED ORDINANCE IS EXEMPT FROM ENVIRONMENTAL
REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES.

RECOMMENDATION:

It is recommended that the City Council:

1. Open a public hearing and introducin g Ordinance No. 2026 -, amending Marina Municipal Code (MMC) Section 17.42.170, Short-term Rentals (STR); and

2. Retain the Ordinance provision prohibiting a short -term rental in any property with an ADU and/or JADU approved after January 1, 2020, and further recommend that enforcement begin on June 30, 2027, to maintain consistency with the 55-foot exclusion-zone provision; and

3. Defer enforcement of the final Ordinance to January 31, 2027, following final approval by the City Council; and

4. Find that adoption of an ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines.

BACKGROUND
On November 5, 2019, the City Council adopted Ordinance 2019 -02, amending the Zoning Ordinance to include a new Section 17.42.170 entitled “Short-term rentals”, which establishes a permitting process and appropriate standards for whole dwelling units or portions of the same for a period of 29 consecutive days or less, along with associated regulations to mitigate negative impacts intended to ensure preservation of neighborhood character, among other considerations.

On May 19, 2026, the City Council adopted Ordinance 2026-05, amending Section 17.42.170 of the Zoning Ordinance, to better protect neighborhood integrity. Key changes included the establishment of a nonrefundable application fee, a permit cap of 50 permits, a maximum rental period of 180 nights per year, prohibition of permits on properties with accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs), a 55 -foot separation requirement, proof of primary residence, and the preparation of a nuisance management plan. Additionally, the City contracted with Deckard Technologies to provide an online portal for application submitting applications and to assist with enforcement through the monitoring of online rental listings.

On July 9 , 2026 , the Monterey County Superior Court entered judgment based on a tentative ruling in Monterey County Vacation Rental Alliance v. County of Monterey (Case No. 24CV004922), which potentially impacts regulations related to short-term rentals as recently adopted by the Marina City Council . The subject case concerned a Monterey County ordinance whose "Homestay" category required the STR to be the titled property owner's personal residence, with no comparable pathway available for non-owner-occupied properties in that category. The court found that that feature of the county's ordinance, standing alone, raised concerns under the dormant Commerce Clause of the United States Constitution. 1 Additionally, following the adoption of Ordinance 2026 -05, City staff received comments from existing STR permit holders regarding the provision prohibiting STR permits on properties with an accessory dwelling unit (ADU), except for ADUs constructed prior to 2020. The existing permit holders indicated that the provision became effective shortly after adoption of the ordinance and may not have provided sufficient time for affected property owners to ensure compliance with new requirements.

On July 23, 20 26, the Marina Planning Commission held a public hearing at which staff presented and received input from the Commission on proposed amendments to MMC Section

17.42.170. The Planning Commission provided constructive feedback and recommended amending the two proposed definitions of “STR owner” and “primary residence”. Additionally, the Commission recommended including the following amendments to the motion:

1. Retain the ADU/JADU provision in the Ordinance and further recommend that enforcement begin on June 3 0, 2027, to maintain consistency with the 55 -foot exclusion- zone provision; and

2. Recommend that enforcement of the final Ordinance commence January 31, 2027, following final approval by the City Council.

ANALYSIS
In response to the ruling recently issued by the Superior Court in the Monterey County Vacation Rental Alliance case, s taff recommend inclusion of two clarifying amendments to the City's Short-Term Rental ("STR") ordinance . It is notable that Marina's ordinance was developed independently and differs from the County's ordinance in several respects; nonetheless, because the two ordinances share similar terminology and requirement for homeowner occupancy of a residence utilized for Short-Term Rental purposes, staff recommends the following amendments to further distinguish Marina's ordinance from the provisions addressed in the County ruling, out of an abundance of caution and to avoid any uncertainty in future interpretation or enforcement.

Recommended Revisions
The proposed amendments refine two existing definitions.

First, the definition of "STR owner" is amended to confirm that the ordinance's residency -based eligibility requirement may be satisfied by a long -term leaseholder with authority to sublease the property, in addition to a titleholder — consistent with the City's original intent that STRs remain occupied by a person with a genuine, ongoing connection to the property and the surrounding neighborhood, regardless of how that person's interest in the property is held.

Second, because e ligibility is no longer limited to titleholders, the definition of "primary residence" is updated to add a lease or rental agreement as an additional acceptable form of residency documentation, alongside the forms of identification already listed; the reference to a homeowner's property tax exemption, which by its nature is available only to titleholders, is removed as no longer necessary given the other documentation options already available. These amendments preserve the ordinance's existing operational requirements and policy objectives while ensuring the ordinance's text unambiguously reflects the City's intent.

Deferment of ADU/JADU Enforcement
In addition to recommending amending the two proposed definitions of “STR owner” and “primary residence”, the Planning Commission recommended retaining the provision that parcels that have an ADU or JADU that received approval on or after January 1, 2020, are prohibited from obtaining a short-term rental permit. Parcels with an ADU or JADU that received approval prior to January 1, 2020, are exempt from this prohibition. However, the Planning Commission recommended that enforcement of this provision be deferred until June 30, 2027 , to provide adequate time for STR permit holders with ADUs or JADUs to transition to the new 2 Courtney Lindberg
Interim City Manager
City of Marina
requirements. This deferral aligns with the implementation schedule for the fifty -five-foot zone of exclusion, which was similarly deferred until June 30, 2027.

Deckard Technology
The revised STR ordinance was adopted by the City Council on May 19, 2026, taking effect on June 19, 2026. The renewal period for the new STR permits began on June 30, 2026. As part of the update of the ordinance, the City Council directed staff to contract with Deckard Technologies to facilitate review of applications for new STR permits and renewals for existing STR permits, in order to streamline the permitting process.

At the present time, Deckard continues to effect necessary changes to the new STR permitting portal, a process expected to require a few additiona l weeks. Considering the unexpected delay in creating the permit portal, the Planning Commission recommended deferring enforcement of the final Ordinance to January 31, 2027, following final approval by the City Council . The deferment would provide adequate time for all refinements to be finalized related to the application submittal process for both current and prospective future STR permit holders.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines. Staff has determined that the exemption applies in this case , because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

CONCLUSION
This request is submitted for City Council consideration and action.

Respectfully submitted,

Brian Kim
Assistant Planner
City of Marina

REVIEWED/CONCUR:

________________________
Guido Persicone, AICP
Community Development Director
City of Marina

Attachments:

Exhibit A: Draft Ordinance

3 EXHIBIT A

ORDINANCE NO. 2026-

AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE (MMC),
CHAPTER 17, ARTICLE 4, BY AMENDING SECTIONS 17. 42.170 SHORT-TERM RENTALS. THE PROPOSED ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES.

-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

1. The City Council of the City of Marina (City) acknowledges the importance of the Short-Term Rental Program in protecting Marina’s neighborhood integrity. As a result, the City Council requested that the Community Development Dept. (CDD) propose amendments to the Marina Municipal Code (MMC) that would enhance regulatory clarity, strengthen enforcement, and help ensure that STR operations remain consistent with the City’s broader policy goals and neighborhood protection standards.

2. On May 19, 2026, City Council adopted Ordinance 2026 -05 amending Section 17.42.170 of the Zoning Ordinance, entitled “Short-term rentals,” to better protect neighborhood integrity.

3. The proposed amendments to Chapter 17 of the MMC are consistent with Section 17.72 (Amendments).

4. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3), because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.
4 6. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.

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

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on September 1 , 2026, and was passed and adopted at a regular meeting duly held on September 15, 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
(New text is indicated with underlining, and deleted text is indicated with strikethrough) …
Chapter 17.42.170

SHORT-TERM RENTALS
Sections:
…

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

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

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

2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by evidence of a Monterey County assessor’s homeowners exemption and at least two forms of identification in the owner’s name: motor vehicle registration, driver’s license, state and federal tax returns, a bank account statement, voter registration, a lease or rental agreement, or a utility bill from within the past sixty days.

An owner may have only one primary residence at any given time. A primary residence is a “one-family dwelling” as defined in Section 17.04.290.

3. “Registry” or “city registry” means the list of STR permits issued in a calendar year.

The City shall bear responsibility for keeping the registry up-to-date with current permits.

4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine (29) consecutive days.

5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person, whereby such property is under single or unified control holding fee title under a fee interest or a leasehold interest authorizing sublease, which rents a dwelling operated and used as an STR.
6 6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.

7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the City.

8. “Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, or any other representation implying or stating the property is available for short-term rental use.

C. Short-Term Rental Requirements and Conditions.

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

2. Short-Term Rental Permit Required. A permit from the CCity (hereinafter referred to as an “STR permit”) is required for all STRs shorter than twenty-nine consecutive days.

3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land.

Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the CCity reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights. During the application renewal submission, the owner must resubmit proof of “primary residence” as listed in subsection (B)(2) of this section.

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

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

6. Revocation of STR Permit. An STR permit may be revoked by the CCity due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the CCity. Any applicant or permit holder whose request for permit has been denied, or whose permit has been revoked, shall be ineligible for a two-year period from 7 applying for a new permit. Such period shall run from the date of any final determination of denial or revocation. No person whose permit has been revoked shall continue to engage in, or carry on, the activity for which the permit was granted unless and until such permit has been reinstated or reissued.

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

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

9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.

Number of
Bedrooms
Number of Guests
Allowed
0 (studio) 2
1 4
2 6
3 8
4 10
5+ 12

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

11. Advertising STR Without STR Permit. No owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise shall post, publish, circulate, broadcast or maintain any advertisement of an STR property if that property does not operate pursuant to a valid STR permit.
8 12. Parking. Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify what the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street), which shall not exceed the number of bedrooms included in the contract or tenancy.

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

14. Specific Prohibitions. The owner is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. The activities prohibited for short-term rentals are examples that include, but are not limited to, the following:
a. Senior housing units and below market rate units may not be used for short- term rental purposes.
b. An owner may not have a short-term rental permit on more than one parcel for short-term rental use in the CCity’s jurisdiction. In addition, the parcel listed on the permit must be owner-occupied as defined by primary residence. c. Commercial or assembly uses, such as weddings, corporate events, and parties, are prohibited in short-term rentals.
d. Short-term rental to unaccompanied minors is prohibited. e. Short-term rentals are prohibited in accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that received approval on or after January 1, 2020. ADUs and JADUs that received approval prior to January 1, 2020, are exempt from this prohibition and may be used as short-term rentals, provided the owner obtains a valid STR permit.
f. Parcels that have an ADU or JADU that received approval on or after January 1, 2020, are prohibited from obtaining a short-term rental permit. Parcels with an ADU or JADU that received approval prior to January 1, 2020, are exempt from this prohibition.
g. Short-term rentals are prohibited in recreational vehicles (RVs), tents, and other nonpermanent structures.
9 15. Density Limits. Upon the effective date of the ordinance codified in this chapter, all new STR permits shall be subject to a fifty-five-foot zone of exclusion. The fifty-five- foot zone of exclusion shall be drawn from the STR parcel boundary. A property shall be ineligible to hold an STR license if any part of its parcel boundary is within the fifty-five- foot zone of exclusion of an existing STR. Subject to the city manager or his/her designee’s discretion, a property may be eligible for an STR permit if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the fifty-five- foot range (i.e., a reverse ingress or egress easement creates a flag lot). Implementation of this section for existing permit holders will be deferred until June 30, 2027, and will take effect upon issuance of an STR permit during the renewal process. STR permit holders within a fifty-five-foot zone of exclusion will not be allowed to operate an STR after June 30, 2027.

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

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

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

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

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

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

4. An STR permit application nonrefundable fee. The fee will cover the estimated costs of reviewing the application.

5. Plans, which do not need to be drawn up by a professional, but drawn to scale including the following:
a. Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. 10 b. Floor plan showing all rooms with each room labeled as to room type. Floor plan modifications must be submitted within seventy-two hours of updating STR platform listings.

6. The rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following:
a. Number of guests allowed, which shall not exceed two (2) per legal bedroom plus two (2) additional guests.
b. Number of vehicles a guest is allowed to park on site and off site per subsection (C)(12) of this section.
c. A nuisance management plan that includes maintaining a decibel reader on site at all times to monitor noise levels.

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

E. Hosting Platform Requirements.

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

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

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

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

5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the City to be in violation of, or preempted by, any such laws.

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

F. Liability and Enforcement.

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

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

3. Retain the ordinance provision prohibiting a short-term rental in any property with an ADU and/or JADU approved after January 1, 2020 and further recommend that enforcement begin on June 30, 2027, to maintain consistency with the 55-foot exclusion- zone provision; and

4. Defer enforcement of the final Ordinance to January 31, 2027, following final approval by the City Council; and
G. Review of Chapter. This chapter shall be reviewed three (3) years after its adoption. At that time, City staff shall evaluate the implementation of the short-term rental (STR) ordinance and present their findings to the planning commission. (Ord. 2026-05 Exh. A, 2026; Ord. 2019-02 § 1 (Exh. A), 2019).
2113522.1
12 CONTINUED FROM May 5th, May 19th and June 2, 2026
April 30, 2026 Item No. 13a
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of June 2, 2026
CITY COUNCIL CONDISER RECIEVING A PRESENTATION ON (1) PAST AMENDMENTS TO THE COUNCIL RULES, (2) POTENTIAL FURTHER
AMENDMENTS AND REFINEMENTS TO SUCH RULES, AND (3)

PROVIDING DIRECTION ON OTHER REFINEMENTS OR
AMENDMENTS TO SUCH RULES.

REQUEST:

It is recommended that the City Council consider (1) receiving a presentation on past amendments to the Council Rules, (2) further amendments and refinements to such Rules; and (3) providing direction to City Attorney and Staff on other refinements or amendments to such Rules.

BACKGROUND
The City Council’s Rules and Procedures for the Conduct of Meetings were originally established by Resolution No. 80 -71 on December 12, 1980, and ha ve been amended multiple times over the decades to address meeting times and agenda ordering, among other issues. Beginning in 2022, the Council undertook a more substantive effort focused on two overarching goals: increasing public engagement and improving meeting efficiency. Council Resolution No. 2023 -68 established the Council’s current Rules and Procedures for the Conduct of the Meetings of the Marina City Council.

See Exhibit A.

Chronology of Amendments
August 16, 2022 — Initial Amendments Presented
At its August 16, 2022 regular meeting, the Council considered a staff report prepared by Interim City Attorney proposing targeted amendments to Resolution No. 80 -71 focused on public engagement and meeting efficiency. The proposed changes addressed Paragraphs 8, 9, 13, and 27 and included a redlined draft agenda as Exhibit B. In summary, the proposals restructured the per- item agenda sequence to place public comment before Council motion and discussion; reframed the minutes function as preparation of “action minutes”; allowed Councilmembers to speak twice on any subject; reduced public comment time from four to three minutes and eliminated the requirement that speakers state their name and address; and updated the agenda template to clarify public hearing procedures and Consent Agenda handling. The item was continued to September 20, 2022, but was not agendized until November 1, 2022. See Exhibit B.

November 1, 2022 — Direction to Staff; Integrated Resolution Ordered At its November 1, 2022 regular meeting, the Council directed staff to prepare an integrated resolution incorporating the following: encouraging written email comments as an alternative to verbal comment; capping ge neral public comment at thirty minutes at the start of meetings with overflow deferred to the end; establishing a one-minute limit for Council comments after a motion; clarifying the scope of permissible technical or clarifying questions prior to public comment; establishing a five -minute per -member speaking limit with no cap on the number of rounds; preserving the per -item agenda sequence for public hearings; prohibiting further comment or discussion after a vote; directing staff to review more efficient use of the Consent Agenda; refining quasi-judicial disclosure language; making AB 1234 reporting more publicly understandable; restricting Consent Agenda pulls to Councilmembers only; directing staff to return with a two-step process for Council for placing items on the agenda; and adding a Land Acknowledgement to all future agendas. See Exhibit C.

November 15, 2022 — Resolution 2022-138 Adopted; 5-0
At its November 15, 2022 regular council meeting, the Council considered the integrated rules resolution and adopted Resolution No. 2022-138, which repealed and replaced Resolution No. 80-71 and all prior amendments in their entirety. The resolution incorporated the changes directed on November1: separating Council and Staff Announcements from Public Comment, restructuring the per-item sequence to ensure public comment precedes Council discussion and motions, converting to action minutes, establishing per -member speaking time limits, prohibiting post -vote comment, reducing general public comment to three minutes a t the Mayor’s discretion with a thirty -minute overall cap, and adopting a new agenda template. See Exhibit D.

June 20, 2023 — Resolution 2023-68; Further Amendments Adopted; 5-0 At its June 20, 2023 regular council meeting , the Council considered further amendments to the Council rules and adopted the Resolution No. 2023-6 amending the Rules and Procedures by a unanimous vote, with the following modifications to the staff proposal: the proposed Paragraph 7 amendment addressing Council correspondence was d eferred for future consideration; staff was directed to develop a video records retention policy; the public comment section was revised to clarify that public comment is welcomed by any means not disruptive to the meeting; the adjournment extension mechanism was changed from time-based to item-based; action minutes were required to include the name and topic of discussion; and the Council speaking limit was set at five minutes per member with a non-interruptive timekeeping method to be determined. See Exhibit E.

ANALYSIS:

Based on a review of Council meetings, including application of the Rules as well as specific feedback during such meetings, certain refinements would be helpful to clarify the Rules and formalize such procedures as Council’s two-step process for Council-initiated agenda items. Below is a list of suggested new rules, refinements, and amendments, including to the Agenda Template:

I. Proposed New Rule: Two-Step Council-Initiated Agenda Items

Background
The current Rules and Procedures do n ot establish a formal process by which individual Councilmembers may place new items on a future agenda. In practice, this gap can result in items being agendized without adequate staff preparation, without a clear statement of purpose, or without the Council as a body having had an opportunity to weigh in on whether the item merits further attention. At the November 1, 2022 meeting, the Council recognized these concerns and directed staff to return with a proposed two-step process for Council-initiated agenda items, with reference to how other cities handle similar requests. A structured two -step process addresses the identified concerns while preserving each Councilmember’s ability to bring matters forward for consideration.

This proposed rule serves three objectives. First, it ensures that staff has adequate notice and context to prepare even a brief summary before an item reaches the Council, avoiding uninformed deliberation. Second, it gives the full Council, rather than a single member, the opportunity to assess whether an item warrants the investment of staff time and resources required for a complete action item report. Third, it creates a consistent, transparent record of how items originate and progress to the agenda, which supports public understanding of the Council’s legislative process.

Proposed Rule Language

Rule 36. Council-Initiated Agenda Items — Two-Step Process.

(a) Step One — Introduction and Direction. A Councilmember who wishes to place a new item on a future agenda shall first submit a written request to the City Manager describing the subject matter, the Councilmember’s proposed objective, and any background information relevant to the request. The City Manager shall place the item on the next available regular meeting agenda under a designated section titled “Council-Initiated Items.” At that meeting, the Councilmember shall briefly introduce the item in no more than three (3) minutes. Staff shall provide a short summary of any known operational, fiscal, or legal considerations. The Council shall then have an opportunity to discuss the item and provide direction to City staff. No final action shall be taken at Step One.

(b) Step Two — Action Item. If the Council, by majority vote, directs staff to return with a full report, staff shall prepare a staff report and place the item on a future agenda as a regular action item in accordance with Paragraph 6 of these Rules. The staff report shall address the Council’s stated objectives, relevant background, options for Council consideration, fiscal impact, and a staff recommendation.

(c) Exceptions. A Councilmember may request that a matter bypass Step One and be placed directly on the agenda as a full action item if: (i) the matter involves a time-sensitive issue that cannot reasonably await the two -step process; (ii) staff has already prepared or possesses sufficient background to support a full report; or (iii) the subject matter has previously been considered by the Council within the prior twelve months. Any such exception shall require the concurrence of the Mayor or, in the Mayor’s absence, the Mayor Pro Tempore.

(d) Written Request Deadline. Written requests under subdivision (a) shall be submitted to the City Manager no later than 12:00 noon on the Wednesday preceding the meeting at which the Councilmember wishes the item to be introduced, consistent with the general agenda submission deadline established in Paragraph 6.

II. Proposed Rule Clarification: Public Comment on Pulled Consent Agenda Items Proposed addition to Rule 8 (Order of Business and Consideration and Sequence of Agenda Items) (Exhibit A):

(d) Public Comment on Consent Agenda Items Pulled for Separate Consideration. Public comment on all Consent Agenda items shall be heard during the general Public Comment period at the outset of the meeting. Any member of the public wishing to comment on a Consent Agenda item must do so at that time. If a Consent Agenda item is subsequently pulled by the Council for separate discussion and consideration, no additional public comment period shall be provided on that item, and Council deliberation shall proceed based upon the public input already received during general Public Comment. Notwithstanding the foregoing, the Council may, by majority vote, allow further public comment on a pulled item where the Council determines that additional input would materially assist its deliberation.

III. Proposed Agenda Template Revision: Standing Item 1.a: Councilmember Remote Attendance Announcements

It is recommended that the agenda template be revised to include a standing agenda item immediately following the Call to Order, designated as Item 1.a, with the following title and form:

1.a. Remote Attendance Announcement(s) by Councilmember(s) — Just Cause or Disability Accommodation (Gov. Code §§ 54953(c), 54953.8.3) Any Councilmember participating in this meeting remotely shall at this time announce the basis for remote attendance. A Councilmember attending remotely for just cause shall briefly identify the applicable just cause ground. A Councilmember attending remotely as a disability accommodation shall confirm participation under Government Code section 54953(c). The Council shall take no vote on remote attendance under either provision. The City Clerk shall record the member’s remote attendance and the stated basis in the minutes.

Statutory Background; Effect of SB 707: The prior authority for just cause remote attendance by individual Councilmembers, Assembly Bill 2449, was codified at Government Code section 54953(f) and sunsetted on January 1, 2026. Senate Bill 707, effective January 1, 2026, comprehensively reorganized and expanded the Brown Act’s teleconferencing framework. The just cause and emergency circumstances provisions formerly in section 54953(f) have been relocated and amended in new Government Code section 54953.8.3, and extended through December 31, 2029.

Just Cause Remote Attendance ; Gov. Code § 54953.8.3 : Under the successor provision, a Councilmember may attend a meeting remotely for just cause without triggering the tradit ional teleconferencing requirements, provided a quorum of the Council is physically present at the meeting location. SB 707 expanded the categories of qualifying just cause to include:

• Childcare or caregiving obligations for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner;
• A contagious illness that prevents in-person attendance; • A physical or mental health condition not separately covered by the disability accommodation provision;
• Travel on official business of the legislative body or another public agency; • The presence of an immunocompromised household or family member; • A physical or family medical emergency; and
• Military service under official written orders for active duty or drill.

Notably, under SB 707 a member invoking just cause is not required to disclose any medical diagnosis or personal medical information beyond identifying the applicable ground.

Unlike the AB 2449 framework, SB 707 does not require a majority vote of the Council to approve a just cause remote attendance request. Instead, the statute requires only that the member ’s remote attendance and the specific just cause basis be recorded in the minutes of the meeting. No advance agenda notice of the remote attendance is required, though the Council may, in its discretion, adopt a practice of requesting advance notice to facilitate orderly meeting management.

Frequency limits apply: a Councilmember may not attend remotely for just cause more than five times per year if the Council meets twice per month.

Disability Accommodation ; Gov. Code § 54953(c) : SB 707 also permanently amended Government Code section 54953 to expressly authorize members of a legislative body with a disability to participate in meetings remotely as a reasonable accommodation under applicable law, including the Americans with Disabilities Act. Remote participation under this provision is treated as in-person attendance for all purposes, including quorum. The member must participate using both audio and video technology unless their d isability requires an exception. The member must also disclose whether any other adult is present at their remote location and the general nature of that person’s relationship to the member. Because th e basis of this statutory provision is grounded in disability accommodation law rather than the just cause framework, it is not subject to the frequency limits applicable under section 54953.8.3.

Staff and City Attorney can prepare a brief reference sheet for Councilmembers summarizing the qualifying just cause grounds, frequency limits, disclosure requirements, and the distinction between just cause and disability accommodation under SB 707, to accompany adoption of this template change.

IV. Proposed Agenda Template Revision: Remote Participation Notice It is recommended that the agenda template also be revised to include the following notice in a prominent location, such as immediately following the meeting access and participation information currently appearing at the top of each agenda:

PLEASE NOTE: I F ALL COUNCILMEMBERS ARE PRESENT IN PERSON,

PUBLIC PARTICIPATION BY ZOOM IS FOR CONVENIENCE ONLY AND IS NOT REQUIRED BY LAW. IF THE ZOOM FEED IS LOST FOR ANY REASON, THE

MEETING MAY BE PAUSED WHILE A FIX IS ATTEMPTED BUT THE MEETING MAY CONTINUE AT THE DISCRETION OF THE PRESIDING OFFICER.

This notice serves to clearly communicate to the public the legal status of remote participation access when all Councilmembers are physically present in Council chambers. Under the Brown Act, the City of Marina is not required to provide teleconference access to the public when members are present in person; remote access, when offered, is a courtesy.1 The notice addresses potential public confusion due to a disruption when technical difficulties interrupt the Zoom feed during an otherwise properly convened in-person meeting. By setting expectations in advance and on the face of the agenda itself, the notice allows the Presiding Member to exercise discretion to continue the meeting without the appearance of disenfranchising the public or acting inconsistently with prior practice. It also reduces pressure on staff to indefinitely delay or adjourn a meeting due to a technical failure that has no legal bearing on the validity of the proceedings.

V. Suggested Refinements Based on Rosenberg’s Rules of Order The City ’s Rules and Procedures reference Robert ’s Rules of Order as the default governing authority ( Exhibit A , Rule 24), but staff reports from the 2022 amendment process cited Rosenberg’s Rules of Order, Exhibit F, as a potential model for structured deliberation. Robert’s Rules of Order is a 714 page manual of parliamentary procedure originally published in the 19 th Century by Henry Robert III. Rosenberg’s Rules, published by the League of California Cities and designed specifically for small deliberative bodies like city councils, offer several refinements worth considering for further improving meeting efficiency. A simple comparison of the two sets rules is attached as Exhibit G.

1. Motion Before Discussion. Rosenberg’s Rules recommend that a motion be placed before the body prior to opening general discussion/deliberations on an agenda item, on the theory that having a concrete motion on the floor helps focus deliberation on a specific proposed action.

The City’s current sequence ( Exhibit A, Rule 8c) places the motion after public comment and Council discussion. The Council could consider clarifying that the Chair may invite a motion immediately after public comment closes and before Council discussion begins, consistent with Rosenberg’s recommended format. Rule 8c can be amended to incorporate this change.

2. Limiting Motions on the Floor. Rosenberg’s Rules establish a practical ceiling of three motions on the floor at any one time, with votes proceeding in reverse order of introduction.

The City’s current Rules ( Rule 14) address motions and precedence but do not set an explicit numerical limit. Adding such a limit would give the Chair clearer authority to manage complex or contentious items and reduce procedural confusion.

1 SB 707: Eligible Legislative Body Requirements Not Applicable: SB 707 introduced new Government Code section 54953.4, which imposes certain mandatory public remote access requirements, including provision of a two -way audiovisual platform and adoption of a written meeting disruption policy, on legislative bodies that qualify as an “eligible legislative body.” Eligibility is determined by population thresholds based on the most recent applicable federal decennial census or qualifying estimate. Based on Marina’s current population, the City does not meet the threshold required to qualify as an eligible legislative body under section 54953.4, and the mandatory public remote access requirements of that provision are therefore not applicable to the City Council. Accordingly, the provision of Zoom access to the public remains a discretionary courtesy rather than a statutory obligation.

3. Friendly Amendments. Rosenberg’s Rules recognize the “friendly amendment” as a practical, informal tool that allows motions to be refined during discussion without requiring a formal separate motion to amend — provided both the maker and the seconder of the original motion agree. Council currently uses this tool, but it is not expressly permitted in the Rules and Procedures, Exhibit A. Expressly permitting this practice in the Rules would streamline deliberation on items where minor wording adjustments emerge naturally during Council discussion.

4. Motion to Limit Debate. Rosenberg’s Rules provide for a formal “motion to limit debate” that, if seconded and passed by a two -thirds vote, cuts off further discussion and moves directly to a vote. Adding this mechanism would give the Council a formal parliamentary tool to manage unusually prolonged deliberation on any single item, beyond the existing per-speaker time caps.

If Council desires, Staff and City Attorney can prepare a brief reference sheet for handling of motions, including descriptions of motions not subject to debate.

FISCAL IMPACT
None.

CONCLUSION:

This request is submitted for City Council consideration.

Respectfully submitted,

____________________________
René Alejandro Ortega
City Attorney
City of Marina

REVIEWED/CONUR:

____________________________
Courtney Lindberg
Interim City Manager
City of Marina

Attachments:

Exhibit A – Resolution No. 2023-68, Rules and Procedures for the Conduct of Meetings of the Marina City Council
Exhibit B – Staff Report and Resolution No. 2023-68, June 20, 2023 Exhibit C – Staff Report, November 15, 2022
Exhibit D – Staff Report and Resolution No. 2022-138, November 1, 2022 Exhibit E – Staff Report, August 16, 2022
Exhibit F – Rosenberg’s Rules of Order
Exhibit G – Comparison of Rosenberg’s Rules to Robert’s Rules

2059382.1
RESOLUTION NO. 2023-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71 Establishing th e Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90 -09, 91 -17, 92 -30, 94 -15, 98 -03, 99 -01, 2001 -106, 2009-41, 2011 -32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragraph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit A, RULES AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Effective Date of Resolution. This Resolution shall take e ffect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS: Visscher, McCarthy, Biala, Medina Dirksen, Delgado NOES, COUNCIL MEMBERS: None
ABSENT, COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS: None
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
7 Adopted by Resolution No. 2023-68
~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions. The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at such other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, 8 Adopted by Resolution No. 2023-68
~ 2 ~

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items. 9 Adopted by Resolution No. 2023-68
~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

b) The Mayor, at their discretion and subject to majority vote overruling them, may re-arrange agenda items, provided that any items `pulled’ from Item 9, `Consent Agenda’ shall be considered following the last item of Item 11, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

10 Adopted by Resolution No. 2023-68
~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as they may designate shall verbally restate each question immediately prior to calling for the vote.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

The Presiding Officer in their discretion may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature which were adopted in their presence, unless they are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, 11 Adopted by Resolution No. 2023-68
~ 5 ~

shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions--Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council
12 Adopted by Resolution No. 2023-68
~ 6 ~

c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions.

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change their vote only if they make a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be allowed to withdraw their abstention.

20. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any matter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member 13 Adopted by Resolution No. 2023-68
~ 7 ~

stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest against Council Action. Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order. Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be Prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further 14 Adopted by Resolution No. 2023-68
~ 8 ~

reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

29. Rules of Decorum.

a) Council Members. While the Council is in session, the Members must preserve order and decorum, and a Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council. Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presiding Officer, it shall be the duty of the Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

15 Adopted by Resolution No. 2023-68
~ 9 ~

30. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

31. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

g) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

j) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

33. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

17 May 31, 2023 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of June 20, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2023- ,
AMENDING THE CITY’S RULES AND PROCEDURES FOR THE

CONDUCT OF MEETINGS
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2023- , which further amends the Rules and Procedures for the Conduct of Meetings (EXHIBIT 1).

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. At its meeting on November 15, 2022, the Council approved Resolution 2022-138, authorizing revisions to the Rules and Procedures. A link to the staff report can be found at: https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11152022-377.

DISCUSSION:

The City Council has been successfully implementing the new Rules and Procedures, and some additional changes have been proposed to increase meeting efficiency, and address new concerns.

A. Paragraph 7 – Council Correspondence
From time to time, Council Members have prepared written comments or presentations in regard to meeting agenda items. Providing materials in advance of the meeting would allow City staff the opportunity to make copies, review and/or respond if needed, and ensure any technical difficulties are addressed. Proposed language regarding such a policy is shown in italicized text as follows:

7. Council Correspondence.
c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:00 a.m. the day of the Council meeting.

Council Members must keep in mind that their written comments should not be distributed to other Council Members outside of the public meeting.
1 EXHIBIT B
18 Paragraph 8 - Consideration and Sequence of Agenda Items In November, Council also approved changes to 8 c) regarding the sequence of an agenda item.

Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. Prior to public comment, the Council agreed that the only questions from Council would be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input. In practice, the questions typically segue into extended discussion prior to soliciting the public comment.

Proposed modifications to the sequence are shown in strike-out text below:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote
B. Paragraph 9 – Preparation of the Minutes
Council approved “action” minutes, which is recommended by Robert’s Rules of Order. Action minutes will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube. Paragraph 9 of the Rules was modified accordingly. Council directed staff to come back with guidelines and samples for action minutes. A sample is attached as EXHIBIT 2.

Guidelines can be developed as experience is gained in creating action minutes.

C. Paragraph 13 – Debate
To enhance equitable debate, and manage time more efficiently, Council approved a modification to the Rules to limit the initial comment period by Councilmembers to five (5) minutes. However, Council may have intended the five (5)-minute limit to apply to those Councilmembers participating in additional rounds of discussion. Proposed deletions are noted in strikeout font; proposed additions are in italicized, underlined text:

13. Rules of Debate.
g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes. 2 19
D. New Rule – Ex Parte Disclosure
Rules regulating disclosure of ex parte communications to decision makers have arisen from concerns regarding fairness and due process rights. An ex parte communication is any material or substantive oral or written communication with a Council Member that is relevant to an adjudicatory or quasi-judicial proceeding (such as a public hearing) that takes place outside of a noticed proceeding open to all parties. The same concerns do not apply with purely legislative proceedings such as adopting an ordinance.

Generally, quasi-judicial proceedings are identified by whether a) the matter requires advance notice and hearing; b) the decision must be based upon specific findings of fact; and c) the decision applies law to specific facts to make a determination of a specific person’s rights or interests.

Ex parte communications include oral and written information, but can also include other input, such as information obtained during a site visit. Non-substantive communications that do not include factual information to influence a Council Member do not violate due process.

Case law makes clear that pre-hearing disclosure of ex parte communications protects the due process rights of the non-present parties to the matter. The disclosure should be complete and detailed. Ex parte communications between the Council’s closure of public hearing and decision should be prohibited, i.e., the decision is delayed to a future meeting for example.

Language could be added to the Rules as a stand-alone rule, following conflicts of interest, and in regards to public hearings.

Proposed additions are shown in italicized text:

21. Ex Parte Communications for Quasi-Judicial Matters. On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public. 301. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California that require different procedures
a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard, or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.
b) The City Manager or appropriate staff member shall give a factual summary of the matter.
c) Council Members shall disclose any ex parte communications. . . .
3 20
CEQA:

Adoption of Resolution 2023- , which amends the City’s Rules and is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,
Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina
4 21
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107 (collectively, “Amendments”);
WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragra ph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
Exhibit 1
5 22
Adopted by Resolution No. 2023-
~ 1 ~

PROPOSED RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public invo lvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Cou ncil shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at su ch other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council.

When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions . The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at su ch other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the s pecial meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be publ ic; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

Exhibit A to Resolution
6 23
Adopted by Resolution No. 2023-
~ 2 ~

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o ’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o ’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members th en present at a mee ting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or o ther necessity for bringing it up state d in open council meeting, may be plac ed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk ’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next r egular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

b) Authority of City Manager. The City Manager is authorize d to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:0 0 a.m. the day of the Council meeting.

Exhibit A to Resolution
7 24
Adopted by Resolution No. 2023-
~ 3 ~

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council , such minutes may be approved w ithout reading if the City Clerk has previously furnished each Council Member with a copy.

Exhibit A to Resolution
8 25
Adopted by Resolution No. 2023-
~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meeti ngs of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

13. Rules of Debate.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, a ddress their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to or der by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

the City Manager or the Ci ty Attorney in connection with deter mining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where th e welfare of the Coun cil is con cerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate . The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate . No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Mem ber desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions --Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before put ting the main question. If the question is decided negatively, the main question and its amendments remain before the council

Exhibit A to Resolution
10 27
Adopted by Resolution No. 2023-
~ 6 ~

After a vote has been announced , and except for comments purs uant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote . Every Council Member should vote unles s disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

20. Disqualification for Conflict of Interest . Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any mat ter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate . A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest a gainst Council Action . Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes.

Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order . Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to str ictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be P repared by the City Attor ney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative St aff. All ordinances, resolutions and contract documents shall, before presentation to th e Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administra tion by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions . At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion Exhibit A to Resolution
12 29
Adopted by Resolution No. 2023-
~ 8 ~

of the Mayor depending on time available and the number of speakers . All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons . In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

29. Rules of Decorum.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council . Any person making impe rtinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of th e Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presi ding Officer, it shall be the duty of th e Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

Exhibit A to Resolution
13 30
Adopted by Resolution No. 2023-
~ 9 ~

31. Public Hearings . The foll owing rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which req uire different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are pr oponents or opponents who wish to make presentations, how many persons wish to be heard or other matter s which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be h eard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

32. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excuse d for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a maj ority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

Exhibit A to Resolution
15 32
Exhibit 2 - Proposed Guidelines for Action Minutes
Action minutes record what is done, not what is said. Detailed minutes of discussion can be subjective and aren’t necessary given meetings are recorded.

Public hearings, Council study sessions and committee meeting minutes may include more detail.

What to Include:
▪ Each main motion and its disposition (passed, failed, referred, postponed, etc.). ▪ Include all points of order, appeals, and the result. If a motion does not receive a second, it need not be noted.
▪ Reasons for the decision can be included in the “whereas” clauses of Resolutions and Ordinances rather than stated on the record.
▪ Amendments to a motion must be tracked but each amendment does not need to be included; rather the final text of the motion can provide, “After discussion and amendment, the following motion was approved . . .”
▪ The final vote must be recorded and indicate how each Council Member voted.

What Doesn’t Need to be Included:
▪ Minor procedural motions such as approving the agenda or calling the question ▪ Withdrawn motions
▪ Written summaries of oral reports.
▪ Detailed public comment. It is sufficient to say that “public comment was provided.” Notes:

A person does not have to have been present at a meeting in participate in approval of the minutes
Minutes should not be approved at a special meeting but held until the next regular meeting.

Approved minutes may be changed at any time using the motion “to amend something previously adopted.” The changes are noted on the minutes being changed, and signed. 16 33
November 9, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 15, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, WHICH
REPEALS AND REPLACES RESOLUTION NO. 80-71, AS AMENDED,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2022-, which appeals and replaces Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit 1); and

2. Approving an Agenda format in substantially the same form as Exhibit 2.

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures have been amended over the years,1 and govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council recently directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency.

At its meeting on November 1, 2022, Council approved revisions to the Rules and Procedures and the meeting agenda template, as detailed below, and directed staff to prepare an integrated resolution and agenda template. A link to the November 1, 2022 staff report can be found at:
https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11012022-374.

DISCUSSION:

Changes to the Rules and Procedures
A. Paragraph 8 - Order of Business and Consideration and Sequence of Agenda Items Council approved changes to the Rules and Procedures, Paragraph 8 a) pertaining to the order of business. “Council and Staff Announcements” have been separated from “Public Comment.” Changes were also made to adjust the numbering, and update the provisions with gender-neutral language (8 b)).

Council also approved changes to 8 c) regarding the sequence of an agenda item. Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. The only questions posed by Council at this time should be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input.
1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”).
1 EXHIBIT C
34 Once public comment is closed, Council will have “2 bites of the apple” during the “Council Discussion” and “Council Motion and Brief Comment” periods. Council approved a five-minute limitation during the initial round of discussion, which is addressed in Rule 13g). Council also approved a one-minute limitation on a Councilmember’s comment after a motion is made, which is addressed in the Agenda. Modifications are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of three (3) minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

9. Council Vote

2 35

B. Paragraph 9 - Preparation of the Minutes:

Council approved “action” minutes, which is the guideline of Robert’s Rules of Order.

This will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube.

The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Council directed staff to come back with guidelines and samples for action minutes.

C. Paragraphs 13 and 15 - Debate:

To enhance equitable debate, and manage time more efficiently, Council approved a modification to limit the initial comment period by Councilmembers to five (5) minutes. Additions are shown in italicized font:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

Council also recommended that after a vote and majority approval on an agenda item, there shall not be continued comment or debate by Council.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

D. Paragraph 27 - Manner of Addressing Council

Paragraph 27 sets forth the allotted time for public comments. Council approved modifications to eliminate the requirement that members of the public provide their names as prerequisite to speaking, and limit public comment to up to three (3) minutes, at the discretion of the Mayor.

Proposed additions are shown in italicized font; deletions are in strikeout font:
3 36

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

Further, as Council re-ordered consideration of agenda items to entertain public comment prior to Council discussion and a motion, the following subsection has also been modified (additions shown in italicized text):

c) After Motion or Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

The Rules and Procedures contain additional non-substantive revisions regarding incorporation of gender neutral language and correction of typographical errors.

Changes to the Agenda

A. Public Comment

Council approved proposed amendments to the current Agenda template in terms of public comments. While public comment is an essential part of local government meetings, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda. Council approved the following modifications to the Agenda template as shown in Exhibit 2:

▪ Language added to encourage written communications from the public.

▪ Limitation of general public comment at the meeting’s outset to thirty (30) minutes. The Mayor can assess the number of speakers and may continue additional public comment to the end of the meeting.

▪ Limitation of public comment to up to three (3) minutes, at the Mayor’s discretion.

▪ Public comment on the Consent Agenda will be heard under general public comment. In this way, the Consent Agenda may be called, and if no items are pulled by Council, adopted in one motion without additional public comment. Because of the 30-minute limitation, however, members of the public wishing to comment on the Consent Agenda must be given priority during general public comment as their input must be heard prior to Council action on the Consent Agenda items.
▪ The Agenda has been clarified to specify that only Council has discretion to pull a Consent agenda item for discussion.
4 37

B. Other Changes

▪ Added Land Acknowledgement (from Proclamation).

▪ Added notation that Council Member comments after a motion shall be limited to one (1) minute.

▪ Public hearing section clarified to specify a ten (10) minute speaking period for applicants/proponents, if any, and a three (3) minute public comment period.

▪ Clarification of Council Informational Reports to specify reports of attendance at meetings and conferences at City expense, as required by the Brown Act.

FUTURE ITEMS:

Council directed staff to return with a policy for agenda-setting, guidance and samples for Action Minutes, and additional efficiencies for utilization of the Consent Agenda.

CEQA:

Adoption of Resolution 2022- , which repeals and replaces Resolution 80-71 and its Amendments, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina

5 38

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA REPEALING AND REPLACING RESOLUTION 80-71, AS AMENDED, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90- 09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed changes to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Rules and Procedures Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation of Minutes, Paragraph 13 and 15 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, the prior resolution of this Council relating to Council meeting procedures, being Resolution No. 80-71, and its Amendments, are hereby repealed and replaced; and

WHEREAS, amendment of Resolution 80-71 and its Amendments, are not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit 1, RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Agenda Template. The Agenda format shall be in substantially the same form as Exhibit 2 attached hereto and incorporated by reference.

Section 4. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 15th day of November 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

_____________________
Anita Sharp, Deputy City Clerk
6 39
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of this resolutionthese Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 hereinbelowherein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

b) Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items.

8 41
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01, 2011-65 and 2019-107):

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Special Council and Staff Announcements

7.8.and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)Public Comment – up to a maximum of three (3) minutes

8.9.Consent Agenda

9.10. Public Hearings

10.11. Other Council Action Items

11.12. Council & Staff Informational Reports

12.13. Adjournment

b) The Mayor, at his/hertheir discretion and subject to majority vote overruling him/herthem, may re-arrange agenda items, provided that any items `pulled’ from Item 89, `Consent Agenda’ shall be considered following the last item of Item 1011, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Questions of Staff and Applicant/Proponent*

5. Brief Council Comments and Motion

6.5.Public Comments —4 Minutes Each Person pursuant to Paragraph 27 a)

7.6.Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

8. 9. Council Vote

9 42
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this resolutionthese Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as he they may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his their discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his their signature which were adopted in his their presence, unless he isthey are unavailable, in which case the signature of an alternate Presiding Officer may be used.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address his their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

question by another Council Member. If a Council Member while speaking is called to order, he they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put 11 44
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 6 ~

pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?”. If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he they is are not voting, his their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change his their vote only if he they makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he they are is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his their abstention.

remain in his their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

22. Protest against Council Action. Any Council Member shall have the right to have the reasons for his their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

23. Rules of Order. Except as otherwise provided in this resolutionthese Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

24. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

25. Ordinances, Resolutions and Contracts.

26. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

13 46
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 8 ~

27. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his their remarks to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the city staff without the permission of the Presiding Officer.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

28. Rules of Decorum.

a) Council Members. While the Council is in session, the members Members must preserve order and decorum, and a member Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

29. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as he they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

30. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, he they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. He The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

d) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

e) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

f) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

g) The public hearing shall be declared closed.

h) The Council shall discuss and determine the matter.

i) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

31. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine 15 48
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 10 ~

whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

32. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, his their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause by) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”

34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”

35. Prior Resolution Repealed. The prior resolution of this Council relating to Council meeting procedures, being Resolution No. 76-1, is hereby repealed.

16 49

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AGENDA TEMPLATE
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in a ccordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

The most effective method of communication with the City Council is by sending an email to If you are unable to participate in real -time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 2

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AGENDA MATERIALS
Agenda materials, staff reports and background information r elated to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet wil l be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

VISION STATEMENT
Marina will grow and mature from a small town bedro om community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and Ohlone/Costanoan, their ancestors and allies - and honors these members of the community, both past and present.

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit C orporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property neg otiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) EXHIBIT 2
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6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. This is the appropriate place to comment on items on the Consent Age nda. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as perm itted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council .

Whenever possible, written correspondence should be submitted to the Coun cil in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, the Council may that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agencyremove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered t o be routine and non - controversial. All items under the Consent Agenda are normallymay be approved by one motion.

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 4

30919\001\1677819.1: 11922
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes t o speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022 -, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that whic h is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four Members of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a question for clarification or make a brief report on his or her own Council reports on meetings and conferences attended ( activities as permitted by Government Gov’t Code Section 54954.253232).

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________
EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 5

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ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the fo rmal approval of MINUTES.

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for pub lic review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT 2
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November 1, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 1, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, amending Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit A);

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times.1 (Exhibit C.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

This agenda item was brought to Council for consideration in early August, and continued several times due to more pressing matters. Since August, members of the public and Council have suggested additional areas of potential revision to streamline public meetings.

ANALYSIS:

Elected officials have a large body of work to get through, and it must be accomplished in a reasonable amount of time. A well-organized agenda, appropriate opportunities for public comment and following protocol are all essential to running an effective meeting. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIIBIT D
55 Public Engagement

Public comment is an essential part of local government meetings. Hearing from the public is a critical part of the Council’s role. Council members need to be in touch with the public and be responsive. That said, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda.

Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset provides an opportunity for members of the public to share their viewpoints with Council on matters of concern. However, extensive general comment, prior to the Council’s deliberation of the agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council provide brief factual information to public comment, if necessary and appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. As a caution, once a third comment or participant is involved, the question/answer can quickly turn into an unagendized discussion. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time, i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (Exhibit B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. The agenda, in its current form, provides

“. . . any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.”

The Agenda can be clarified to specify that while members of the public may comment on Consent items before action is taken, it remains within the Council’s discretion as to whether to pull an item. Further, it is also within Council’s discretion as to whether the public comment or question is to be answered by staff or referred to a later date. Additionally, staff proposes to make the Agenda more user-friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment. Subsection b) modifications reflect the new numbering, and update the Rules with gender-neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

2 56

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

Paragraph 27 a) of the Rules and Procedures, entitled “Manner of Addressing Council,” sets forth the allotted time for public comments. Proposed modifications consider that members of the public cannot be required to provide their names or other information as prerequisite to speaking, and that the Council has the ability to limit public comment where necessary for meeting efficiency.

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

c) After Motion Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

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Structured Discussion

Motion after public comment and prior to Council discussion can help focus Council discourse by identifying the issue to be decided, and make it easier for members of the public to follow the discussion. Accordingly, staff recommends the Council first solicit public input, and then make a motion, followed by Council discussion and a vote. This is the recommended process set forth in Rosenberg’s Rules of Order, which is a simplified version of Robert’s Rules of Order. Not only does this help identify the issue before the Council, but it ensures compliance with the Brown Act, which requires the public be provided an opportunity to speak prior to action being taken.

Paragraph 8 c) of the Rules and Procedures sets forth the procedure for consideration of Agenda Items. The proposed modifications are set forth below (additions shown in italicized font; deletions in strikeout font):

8. Order of Business and Consideration and Sequence of Agenda Items.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

Paragraph 30 also sets forth rules that apply to Public Hearings, which should be eventually be aligned or consolidated with Paragraph 8. A summary of the public hearing process is included on the draft Agenda.

Paragraph 13 g), “Limitation of Debate” provides, “No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken.” To enhance debate, and manage time more efficiently, some councils have adopted the rule that each person may speak twice on a given subject. This proposed modification is set forth below (additions shown in italicized font):

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

Meeting Preparation

To aid in meeting efficiency, questions of staff should be asked in advance. This saves Council time during the meeting, and for those questions that Council would like to be addressed at the meeting, enables staff to prepare to answer the questions accurately and succinctly. As a result, meetings run more smoothly, Council is provided the information needed for decision-making, and the need to continue items to the next agenda is minimized. 4 58

Minutes

Many public agencies have adopted action minutes, which record what is done at a meeting and not what is said. This is also the guideline of Robert’s Rules of Order, which governs Council conduct. The time and effort required to prepare detailed minutes summarizing what was said, and their subjective nature, are time-consuming and resource intensive and the effort often exceeds the value to the City and to the public. This is not necessary given that Council meetings are recorded and available through AMP and YouTube. The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

Future Topics
Future topics to improve meeting efficiency may include additional training on Council, Commission and staff roles and responsibilities, Robert’s and Rosenberg’s Rules of Order, the Brown Act, and consideration of a Code of Conduct.

CEQA:

Amendment of Resolution 80-71 is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

___________________________
Heidi Quinn
Interim City Attorney
City of Marina

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30919\000\1627904.1:81122
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND
MEETING EFFICIENCY.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107; and
WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed c hanges to the Rules and Procedures regarding public engagement and meeting efficiency; and
WHEREAS, staff proposes modifications to Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation o f Minutes, Paragraph 13 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and
WHEREAS, amendment of Resolution 80 -71, as amended, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as follows (new language in italics and deleted language in strike-out text):

1. Paragraph 8 of the Rules and Regulations shall be modified as follows:

8. Order of Business and Consideration and Sequence of Agenda Items. a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

EXHIBIT A
6 60
30919\000\1627904.1:81122

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, “Consent Agenda” shall be considered following the last item of Item 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

2. Paragraph 9 of the Rules and Regulations shall be modified as follows:

3. Paragraph 13 of the Rules and Regulations shall be modified as follows:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

4. Paragraph 27 of the Rules and Regulations shall be modified as follows:

27. Addressing the Council

EXHIBIT A
7 61
30919\000\1627904.1:81122
provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

5. The Agenda format shall be in substantially the same form as Attachment 1 hereto.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this ____day of ____________ 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
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30919\001\1614953.1: 10282230919\001\1614953.1: 102522

AGENDA TEMPLATE
DATE 5:00
P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Counci
l Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 2

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City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable qu ality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro- Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Com missioners, Marina Abrams B Non-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

In order that all interested parties have an opportunity to speak, please limit comments to

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 3

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aComments are limited to a maximum of four three (43) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, the Council may that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agencyremove an item from the Consent Agend a for individual consideration. If an item is pulled for discussion , it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered to be routine and non- controversial. All items under the Consent Agenda are normallymay be approved by one motion.

Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, Council may that item will be remove the itemd from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . . g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 4

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11. PUBLIC HEARINGS: For public hearings involving a quasi -judicial determination by the Council, in the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak. In public hearings not involving a quasi -judicial determination by the Council, all persons may be given up to three (3) minutes to speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022-, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to fourMembers of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. AB1234 Reports Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2.

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________

EXHIBIT B
12 66

Agenda for City Council Meeting of DATE Page 5

30919\001\1614953.1: 102822
of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail:
[email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT B
13 67
August 12, 2022 Item No. 11d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 16, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80 -71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27 ,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, amending Resolution No. 80 -71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings;

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times .1 (EXHIBIT A.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

ANALYSIS:

Public Engagement
Public comment is an essential part of local government meetings. Hearing from the public is a critical part o f the Council’s role. Council members need to be in touch with t he public and be responsive. That said, the p urpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIBIT E
68 Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset must be balanced against those members of the public that have come to speak on particular agenda items. Extensive general comment, prior to the Council’s deliberation of agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council do not respond to general public comments. The Mayor may provide brief factual information, if appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has alrea dy been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substanti ally changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time , i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (EXHIBIT B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. Additionally, staff proposes to make the Agenda more user -friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment . Subsection b) modifications reflect the new numbering, and update the Rules with gender -neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Public Comments

4. Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda for Successor Agency (If any)

10. Consent Agenda

11. Public Hearings

12. Other Council Action Items of the Successor Agency

13. Other Action Items:

14. Council & Staff Informational Reports – no action taken, no public comment

15. Adjournment
2 69
b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organizat ion or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

c) After Motion Close of Public Hearing . After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

Structured Discussion

Motion after public comment and prior to Council discussion can help focus Council discourse by identifying the issue to be decided. Accordingly, staff recommends the Council first solicit public input, and then make a motion , followed by Council discussion and a vote . This is the recommended process set forth in Rosenberg’s Rules of Order, which is a simplified version of Robert’s Rules of Order. Not only does this help identify the issue before the Council, but it ensures compliance with the Brown Act, which requires the public be provided an opportunity to speak prior to action being taken.

Paragraph 8 c) of the Rules and Procedures sets forth the procedure for consideration of Agenda Items. The proposed modifications are set forth below ( additions shown in italicized font; deletions in strikeout font):

8. Order of Business and Consideration and Sequence of Agenda Items.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments
3 70

7. Council Motion and Discussion

8. Council Vote

A summary of the public hearing process is also included on the draft Agenda.

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

Meeting Preparation

To aid in meeting efficiency, questions of staff should be asked in advance. This saves Council time during the meeting, and for those questions that must be addressed at the meeting, enables staff to prepare to answer the questions accurately and succinctly. As a result, meetings run more smoothly, Council is p rovided the information needed for decision -making, and the need to continue items to the next agenda is minimized.

Minutes

Many public agencies have adopted action minutes, which record what is done at a meeting and not what is said. This is also the g uideline of Robert’s Rules of Order, which governs Council conduct. The time and effort required to prepare detailed minutes summarizing what was said , and their subjective nature, are time-consuming and the effort often exceeds the value to the City and to the public. This is not necessary given that Council meetings are recorded and available through AMP and YouTube. The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes . The City Cl erk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

CEQA:

Amendment of Resolution 80-71 is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

4 71
CONCLUSION:

This request is submitted for City Council consideration and potential action.

Respectfully submitted,

___________________________
Heidi Quinn
Interim City Attorney
City of Marina

Attachments:

Exhibit A: Rules and Procedures, and Amendments
Exhibit B: Redlined and Integrated draft Agendas

5 72
RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING RESOLUTION 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107; and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed c hanges to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation o f Minutes, Paragraph 13 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, amendment of Resolution 80-71, as amended, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as follows (new language in italics and deleted language in strike-out text):

1. Paragraph 8 of the Rules and Regulations shall be modified as follows:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Public Comments

4. Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda for Successor Agency (If any)

10. Consent Agenda

11. Public Hearings

12. Other Council Action Items of the Successor Agency

6 73
Resolution No. 2022-
Page Two

13. Other Action Items:

14. Council & Staff Informational Reports – no action taken, no public comment

15. Adjournment

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

2. Paragraph 9 of the Rules and Regulations shall be modified as follows:

3. Paragraph 13 of the Rules and Regulations shall be modified as follows:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

4. Paragraph 27 of the Rules and Regulations shall be modified as follows:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically p rovided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be a sked a Council Member or a member of the City staff without the permission of the Presiding Officer.

7 74
Resolution No. 2022-
Page Three

c) After Motion Close of Public Hearing . After a motion has been made or a public hearing has been closed, no member of the public shall address the Counc il from the audience on the matter under consideration without first securing permission to do so by the City Council.

5. The Agenda format shall be in substantially the same form as Attachment 1 hereto.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 16th day of August 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

8 75
1 RESOLUTION NO. 80- 71
A 'RESOLUTION ESTABLISHING RULES AND PROCEDURES FOR2
3 THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL 4 -oOo-
5 WHEREAS, in order to provide for continuity of responsibility 6 and to provide sufficient time and opportunity for full cons id er a" 7 8
orderly and expeditious conduct of council meetings, it is necessary9 10 and appropriate to adopt the following rules and procedures relat- 11 ing to the conduct of such meetings.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 13 of Marina, as follows:

The purpose of this resolution is to establish14 1. Purpose. s
the procedure for the presentation and determination of matters15 16 coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the17 public is fully informed of the matters coming before the City18 - Council and has an opportunity to witness the deliberations of the19 members thereof in the conduct of public business, and that proper20 public involvement in the deliberations of -the council be encourage!.21 The City Council shall hold regular22 2.
23 of 7:30 o’clock p.m. in the Council Chamber of the City Hall, 21124 Hillcrest Avenue in the City, or in such other place within the25 city limits to which said meeting may be adjourned.26 If by reason flood or other emergency it shall be unsafe to meet inxthe27 of fire, City Hall, the meetings may be held for the duration of the emer-28 tion and public discussion of important issues which the City Council must review and decide, and in order to provide for the I
I
1 Regular Meetings .
meetings on the first and third Tuesdays of each month at the hour

EXHIBIT A
9 76
1 2
When the3
4 5 at the same hour on the following business day.
6 3. Study Sessions.
7 8 of 7:00 -o’clock p.m. in the Council Chamber of the City Hall, or at 9 such other place as may be determined by the Council , for the pur- 10 pose of hearing reports from the staff and reviewing, discussing 11 Such sessions shall
12 be
13 14 shall be deemed to prevent the taking of an informal vote on any 15 matter under discussion. The participation of the public in such i
16 sessions shall be subject to the discretion of the presiding office 17 Special Meetings.4.
18 19 delivering personally or by mail written notice to each Council 20 Member and to each local newspaper of general circulation, radio or 21 television station requesting notice in writing. Such notice must 22 be delivered personally or by mail at least twenty -four hours before 23 specified in the notice. The call and
24 notice shall specify the time and place of the speical meeting and 25 the business to be transacted. No other business shall be consider 26 ed at such meetings. Such written notice may be dispensed with as 27 28
Such
-2-
I
i
to any Council Member who at or prior to the time the meeting con venes files with the City Clerk a written waiver of notice. gency at such other place as is designated by the Mayor should fail to act, by three members of the City Council, day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held Special, meetings may be called at any
time by the Mayor, or by three members of the City Council, by open to the public and press.
taken at a. study session; provided, however, that nothing herein and debating matters of interest to the City.

No official action shall be
the time of such meeting as
The City Council shall meet in a study
session on the first and. third Tuesdays, of each month at the hour or, if he

EXHIBIT A
10 77
waiver may be given by telegram.1
2 the meeting at the time it convenes.3

5. Meetings to be Public - Exception for Executive Sessions.4 All regular and special meetings of the City Council shall be public5 6 7
8 9
10 11
12 cussion which took place during said executive session unless the i 13 City Council shall authorize the disclosure of such information by14 majority vote.15
All reports, communications, ordinances, resolu-Agenda.16 6. tions, contract documents or other matters to be submitted to the 17 Council at a regular meeting shall be delivered to the City Clerk18 19 not later than 12:00 o'clock noon on the Wednesday preceding the meeting . The City Clerk shall prepare an agenda of all such20 matters according to the order of business (paragraph 8 hereinbelow) . 21 The agenda shall be delivered or otherwise made available to the22 Council Members on the Friday preceding the Tuesday Council meeting 23 24
later than 10:00 o'clock a.m. on the Monday preceding the meeting.25 All matters shall be considered by the Council in the order listed 26 on the agenda, to the extent of time available; provided, however,27 that the order of the agenda may be changed at -any time by the28 -3-
I
Such written notice may also be
dispensed with as to any Council Member who is actually present at provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54 957-54957.6 of the Government Code of the State of California.

No member of the City Council, employee of the City, or any to which it pertains, and shall be made available to the public no other person present during an executive session of the Council shall disclose to any person the content or substance of any dis-

EXHIBIT A
11 78
unanimous consent of all Council Members -then present at 1 2
3 foregoing policies. No matters other than those on the agenda 4 shall be finally acted upon by the Council; provided, however, that 5 6
7 if not acted upon at the Council meeting at which it is brought up, 8 with an explanation of the emergency other necessity for bring - 9 or
ing it up stated In open council meeting, may be placed upon the 10 agenda by a motion, seconded and carried, and then may be considered 11 and acted upon by the Council.12
Council Correspondence.7.13
Correspondence addressed to
Availability to the Public.a)14
the City Council which is received by the City Clerk or any other 15 officer or employee of the City shall not become a public record 16 until received and filed by the Council at regular, special or 17 a
adjourned meeting of the Council. Correspondence received in the 18 City Clerk's office or other offices after 12:00 o'clock noon on 19 the Wednesday preceding a regular Council meeting shall not be 20 placed on the agenda unless it concerns a matter to be considered 21 by the Council at the next regular meeting or is determined by the 22 Mayor or the City Manager to be an urgent matter which should be 23 Correspondence
24 25
majority vote of the Council.26
Authority of City Manager. The City Manager is authorized b}27
to open and examine all mail or other written communications 28 -4-
i
I
t
brought to the immediate attention of the Council.
shall not be read aloud at a Council meeting unless requested by a a matter deemed to be an emergency by any Council Member, the City a matter which would become moot
a meeting,
completed for lack of time shall
become agenda items at the following meeting in accordance with the Agenda ’items not considered or
Manager or the City Attorney, or

EXHIBIT A
12 79
addressed to the city Council and to give it immediate attention1 to the end that all administrative business referred to in said2 communications and not necessarily requiring Council action may3 be acted upon between Council meetings.4

8. order of Business The business of the Council shall5 0 be taken up for consideration and disposition in the following6 order s7
8 9
10 11
12 13
14 The order of business shall not be changed except by majority15 vote of the City Council .16
The City Clerk shall havePreparation of Minutes.9.17
exclusive responsibility for preparation of the minutes, and any18 directions for changes in the minutes shall be made only by19 majority action of the City Council.20
21 Reading of Minutes. Unless the reading of the minutes10. 22 of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has23 24 previously furnished each Council Member with a copy.

The Mayor shall be the PresidingPresiding Officer.25 11. 26 Officer at all meetings of the City Council. In the absence of 27 In the absencethe Mayor, the Mayor Pro Tempore shall preside. 28 of both the Mayor and Mayor Pro Tempore, the City Clerk shall call -5-
i
j
J

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

Call to Order
Pledge of Allegiance and Invocation.

Roll Call.

Approval of the Minutes.

Communications from Floor Not on Agenda.

Special Presentations (if any) .

Consent Calendar Items „
Public Hearings.

Other Agenda Items - Consideration of
Ordinances and Resolutions
Council and Staff Reports.

Executive Sessions (if any) .

Adj ournment .

EXHIBIT A
13 80
1 2
3 4
5 6 12.
7 Participation-.a)
second (
8 debate and vote from the Chair.

Question to be Stated.b)9 The Presiding Officer or such 10 Follow-
11 12
carried or was defeated.13
may publicly explain the effect of a vote for the audience, or he 14 may direct a member of the City staff to do so, before. proceeding 15 16 to the next item of business
The Presiding Officer shall signS igning of Documents17 c) all ordinances, resolutions, contracts, and other documents neces- 18 sitating his signature which were adopted in his presence, unless 19 he is unavailable, in which case the signature of an alternate 20 Presiding Officer may be used.21
The Presiding Officer may require anySworn Testimony.22 d) person addressing the City Council to be sworn as a witness and to 23 testify under oath, and the Presiding Officer shall so require if 24 directed to do so by a majority vote of the Council.25 Rules’ of Debate.26 13.
a) Every Council Member desiring to
27 28
-6-
I
the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the Powers and Duties of Presiding Officer.

The Presiding Officer may move,
arrival of the Mayor or Mayor Pro Tempore or until adjournment.

Wherever in this resolution the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section. member of the City staff as he may designate shall verbally restate each question immediately prior to calling for the vote. ing the vote the City Clerk shall announce whether the question The Presiding Officer in his discretion
Getting' the Floor.
speak shall first address the Chair, gain recognition by the

EXHIBIT A
14 81
*• . »**£» w* 4%
Presiding Officer, and shall confine himself to the question under1 debate, avoiding personalities and indecorous language.2 b) Questions to staff Every council Member de siring', to3 question the City staff shall f after recognition by the Presiding4 5 6 Attorney, or to such other department head or member 7 Interruptions > A Council Member, once recognized, shall8 not be interrupted when speaking unless called to order by the9 Presiding Officer, unless a point of order or personal privilege10 is raised by another Council Member, or unless the speaker chooses11 If a Council12
13 until the question of order is determined and, if determined to14 Members of the City staff, after15 be in order, may then proceed. recognition by the Presiding Officer, shall hold the floor until16 completion of their remarks or until recognition is withdrawn by17 18 the Presiding Officer.
19 The Presiding Officer shall determined) Points of Order. 20 all points of order subject to the right of any Councilman to 21 The Presiding Officer may consult withappeal to the Council. 22 the City Manager or the City Attorney in connection with deter - 23 24
25 26 sustained? ° A majority vote shall conclusively determine such 27 question of order.
28 Point of Personal Privilege. The right of a Councile) -7-
If an appeal is taken, the ques
tion shall be, "Shall the decision of the Presiding Officer be to yield to a question by another Council Member.

Member while speaking, is called to order, he shall cease speaking staff as may be appropriate,
c)
mining a point of order, or may refer the question involved to either one for determination.

Officer, address his questions to the City Manager, the City of the City

EXHIBIT A
15 82
1 2
motives are questioned or where the welfare of the Council is con- 3 corned. A Council Member raising a point of personal privilege 4 may interrupt another Council Member who has the floor only if the 5 Presiding Officer recognizes the privilege.6
f) Privilege of Closing Debate . The Council Member moving 7 the adoption of an ordinance, resolution or motion shall have the 8 privilege of closing debate.9
Limitation of Debate. Mo Council Member shall be allowedg)10 11 to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. 12 Ordinances, Resolution and Motions — Precedents ,

14.13 When any
ordinance, resolution or motion is properly brought before the 14 Council and seconded by another Council Member, no other action 15 shall be considered except a point of order, or a motion to adjourn 16 to table,17
Such items shall have precedence in the order stated in to amend.18
Points of order shall be ruled upon by the
the preceding sentence.19
Presiding Officer, provided that such ruling may be overridden by 20 a majority of the Council. All of such motions, except motions to 21 amend,22
majority.23
Any of the foregoing motions shall be in order at any time the 24 speaker is duly recognized, except when repeated without interven - 25 ing business or discussion, or if made when the motion to close 26 debate has been adopted or while a vote is being taken.27 If a motion to table (without timeMotion to Table »28 a) -8-
I
i
to table to a certain time, to close debate, to refer or Member to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character or shall be put to a vote without debate and decided by a

EXHIBIT A
16 83
1 certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion2 3 to table.

Motion to Close Debate.b)4 When a motion to close debate is duly made and seconded, there shall be no further debate.5 If the 6 question carries, the Presiding Officer shall put pending amendments 7 to a vote, without debate, in the inverse order of their introduce 8 tion before putting the main, question. If the question is decided 9 negatively, the main question and its amendments remain before the 10 council .
11 Providing that no intervening rightsc) Reconsideration . 12 will be prejudiced, any council Member who voted with the majority 13 on a question may move the reconsideration of that question at the 14 same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been actc d15 16 upon, no other similar motion shall be made without unanimous consert. 17 15 . Voting .
18 ordinance or to adopt a resolution or motion granting a franchise oi authorizing the payment or expenditure of money or incurring of a19 i
debt. The majority of a quorum is required to adopt other resolu-20 21 tions or motions . A "majority” refers to a majority of the quorum 22 present.
23 Every ordinance shall be adopted by a roll call vote. All 24 other matters may be referred to a vote unless a roll call is On all matters for which a voice25 requested by any Council Member. ! 26 Objectionsvote is authorized, the Presiding Officer may ask for. 27 to the question?” . If no objection is expressed, the Presiding 28 Officer shall.
i
~9~
Three affirmative votes are required to enact an
"so order," and the minutes shall record a unanimous

EXHIBIT A
17 84
vote in favor.1
roll call vote shall be called in the normal manner.2

16. Failure to Vote. Every Council Member should vote unless3 disqualified by reason of a conflict of interest. A Council Mem-4 ber who abstains from voting in effect consents that a majority of5 the quorum may decide the question voted upon.6

17. Silerice Constitutes Af f irnlative Vo t e . Unless a member7 of the Council states that he is not voting r his silence shall be8 recorded as an affirmative vote.9
Tie Vote.18. Tie votes shall be lost motions and may be10 5reconsidered.11
i
Changing Vote.19. A member may change his vote only if he12 makes a timely request to do so immediately following the announce-13 ment of the vote by the City Clerk and prior to the time that the14 A Council Membernext item in the order of business is taken up-15 16 i
particular matter shall not subsequently be allowed to withdraw17 his abstention.18
Disqualification for Conflict of Interest.20. Any Council19 20 21 reason
Presiding Officer state the nature of such disqualification in22 Where no clearly disqualifying conflict of interestopen meeting.23 • appears, the matter of disqualification may, at the request of the24 Council Member affected, be decided by the other Council Members25 A Council Member who is disqualified byor the City Attorney.36 reason of a conflict in interest in any matter shall not remain in27 his seat during the debate and vote on such matter, but shall28 -10-
Member who is disqualified from voting on a particular matter by of a conflict of interest shall publicly state or have the who publicly announces that he is abstaining from voting on a Xf any Council Member objects to the procedure, a

EXHIBIT A
18 85
* . WTe. K V.*.. -A J ,,.«i.n„‘A*K>V<
1 request and be given the permission of the Presiding Officer to i
2 step down from the Council table. A Council Member stating such 3 disqualification shall not be counted as a part of a quorum and 4 shall be considered absent for the purpose of determining the 5 outcome of any vote on such matter.
6 21. Remarks of Council Member and Synopsis of Debate. A 7 Council Member may request through the Presiding Officer the privilege of having an abstract of his statement on any subject8 under consideration by the Council entered in the minutes.9 If the 10 11 minutes .
12 Any Council Member shall22. Protest Against Cou n c i 1 Action . 13 have the right to have the reasons for his dissent from, or protesi 14 against, any action of the Council entered in the minutes. Such 15 dissent or protest to be entered in the minutes shall be made in 16 the following manner: "I would like the minutes to show that I am 17 Except as otherwise provided in this18 Rules of Order.23. 19 resolution, other rules adopted by the City Council or applicable 20 provisions of State law, the procedures of the Council shall be 21 governed, to the extent applicable, by the latest revised edition 22 of Robert 1s Rules of Order .
23 24. Failure to Observe Rules of Order. Rules adopted to ‘ expedite the transaction of the business of the Council in an24 25 orderly fashion are deemed to be procedural only and the failure 26 to strictly observe 'such rules shall not affect the jurisdiction 27 28 otherwise held in conformity with law.
-11-
i
I
I
i
ot the Council or invalidate any action taken at a meeting that is Council consents thereto, such statement shall be entered in the opposed to this action, for the following reasons..."

EXHIBIT A
19 86
»w.

25. Ordinances/ Resolutions and Contracts .1
All ordinances shall be prepared by the City Attorney.a)2 i
No ordinance shall be prepared for presentation to the Council3 unless ordered by4
the Mayor T or city Manager, or prepared by the city Attorney on5 his own initiative. •6
b) All ordinances.7
8 Council, have been approved as to form and legality by the City9 Attorney and shall have been examined and approved for administrate tion by the City Manager or his authorized representative.11 Reading of Ordinances and Resolutions. At the time of26.12 13 t
unless, after the reading of the title thereof, the further reading14 thereof is waived by unanimous consent of the Council Members15 16 present . statement by the
Presiding Officer that "if there is no objection, the further17 reading of the ordinance or resolution shall be waived".18 If any Council Member so requests. the ordinance ox resolution shall be19 read in full.• 20

27. Addressing' the Council.21
a) Manner of Addressing Council. Rach person desiring to22 address the Council shall step up to the speaker’s rostrum, state23 his name and address for the record, state the subject he wishes to24 discuss, state whom he is representing if he represents an organize- -25 26 tion or other persons, and, unless further time is otherwise speci fically provided for in these rules or is granted by majority vote27 of the Council, shall limit his remarks to three (3) minutes.28 All -12-
A
Prior Approval by Administrative Staff.
resolutions and contract documents shall, before presentation to thk a majority vote of the Council, or requested by
Such consent may be expressed by a
adoption of an ordinance or a resolution, it shall be read in full

EXHIBIT A
20 87
1 remarks shall be addressed to the Council as a whole and not to 2 No question shall be asked a Council Memberany member thereof. 3 member of the City staff without the permission of the Presid- 4 ing Officer.

In order to expedite5 Spokesman for Group of persons-b) matters and to avoid repetitious presentations, whenever any group6 7 of persons wishes to address the Council on the same subject 8 Presiding Officer to requestmatter, -it shall be proper for the that a spokesman be chosen by the group to address the Council and,9 in case additional information or matters are to be presented by10 the number of suchany other member of said group, to limit11 12 persons addressing the Council.

After a motion has been made or a publicAfter Motion.13 c} 14 15
out first securing permission to do so by the City Council :16 17 Rules of Decorum.28.

While the Council is in session, the18 a) Council Members. members must preserve order and decorum, and a member shall neithea19 20 21
refuse to obey the orders of the Presiding Officer.22 or Members of the City staff and employees23 Employees .b) shall observe the same rules of order and decorum as are applicable24 25 to the City Council.

Any person making irnper -26 Persons Addressing the Council.c) tinent, slanderous or profane remarks, or who becomes boisterous27 while addressing the Council, shall be called to order by the28 -13-
f
i
I
by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking or a
hearing has been closed,
Council from the audience on the matter under consideration with- no member of the public shall address the

EXHIBIT A
21 88
Presiding Officer and, if such conduct continues, may at the dis-1 cretion of the Presiding Officer be barred from further audience2 before the Council during that meeting, unless permission to con-3 4 tinue be granted by
Any person in the audience whod) Members of the Audience.5 engages in disorderly conduct such as hand clapping, stamping of6 feet, whistling, using profane language, yelling, and similar7 demonstrations, which conduct disturbs the peace and good order of8 the meeting, or who refuses to comply with the lawful orders of the9 Presiding Officer, shall be guilty of an infraction, and upon10 instructions from the Presiding Officer, it shall be the duty of the11 Sergeant at Arms to remove any -such person from the Council Chamber12 and to place him under arrest or otherwise cause him to be prosecuted13 under the law.14
The Director of Public Safety29. Enforcement of Decorum.15 16 or such member or members of the Public Safety Department as he may designate, shall be Sergeant at Arms of the City Council and17 I shall carry out all orders given by the Presiding Officer for the18 purpose of maintaining order and decorum at the Council meetings.19 Any Council Member may. move to require the Presiding Officer to20 enforce the rules, and the affirmative vote of a majority of the21 22 Public Hearings. The following rules shall apply to all30.23 •public hearings, except when proceedings are held under general24 laws of the State of California which require different procedures.25 26 a) The Mayor shall state the subject matter of the hearing 27 Before doing so, he mayand declare the public hearing open. 28 determine whether or not there are proponents or opponents who wish -14-
a majority of the Council.

Council shall require him to do so.

EXHIBIT A
22 89
to make presentations, how many persons wish to be heard, or other1 matters which may affect the conduct of the proceedings.2 He may impose and announce reasonable time limits on presentations or oral3 arguments by the public -4
b) The City Manager or appropriate5 staff member shall give a factual summary of the matter.6
c) The proponents shall be heard. (Written correspondence7 shall be summarized by the Clerk. )8
d) The (Written correspondenceopponents shall be heard.9 shall be summarized by the Clerk.)10
reasonable time for rebuttal.e) Each side shall be given11 a Additional speakers must limit their remarks to providing new infox12 mation that was not already covered by other speakers.13 f) Prior to the close of the public heaaring, the Mayor shall14 give those persons wishing to place their names on the record as15 i being for or against, without presenting an oral argument,16 an opportunity to do so.17
g) The public hearing shall be declared closed -18
The Council shall discuss and determine the matter.h)19 After the public hearing is closed, the public shall noti)20 be recognized to speak except to answer any question not covered21 in the public hearing, and provided that whenever any such answer22 is given, the opposing side shall be given23
24 31.25
the 'City Council that any member of the public wishing to be heard26 matter under consideration by the City Council shall be given27 on a Prior to the vote on any issue28
-15-
*
i
a reasonable opportunity to do so.
an opportunity to
- present facts in rebuttal of the answer given.

Policy on Public Input. It is the declared policy of

EXHIBIT A
23 90
I
1 the Mayor shall determine whether or not anyone present wishes to 2 be heard. The Mayor may establish reasonable time limits for oral 3 presentations and shall limit the presentation to the matter before 4 the City Council at that time.
5 32. Absences from Council Meetings. Pursuant to Government 6 Code §36513, if a City Council Member is absent without permission 7 from all regular Council meetings for 60 days consecutively from 8 the last regular meeting he attended, his office becomes vacant anc shall be filled by the Council as any other vacancy. In addition,9 should any Council Member be absent from two (2)10 consecutive 11 regular Council meetings, or from three (3) regular Council meetinc s 12 in any six -mon th period, without permission from (i.e., not excusec the Council, the Council may determine that the13 for good cause by) 14 15
I
16 zed by vote of the Council.

Unless otherwise adjourned, all17 Automatic Ad j ournmen t .33. meetings of the City Council shall automatically be adjourned at18 10:00 o’clock p.m. , except that a majority may extend the automa-19 tic adjournment to 10:30 o'clock p.m., and adjournment may be20 further postponed only by unanimous consent to adjourn not later21 than a specified time.22
These rules may be amended by theAmendment of Rules.34.23 • Council by an affirmative vote of a majority of a quorum; provided24 however , that where a provision of these rules require action by25 26 quorum, then an amendment to that rule requires the same vote re-27 quired for the rule proposed, to be amended.28
-16-
resignation, and may request such resignation in a
a specific affirmative vote which is greater than a majority of a best interests of the City would be served by said Council Member's letter author i-

EXHIBIT A
24 91
1 The prior resolution ofPrior Resolution Repealed.35.
2 this Council relating to Council meeting procedures,, being Resolu tion No. 76-1, is hereby repealed.3
4 PASSED AND ADOPTED by the City Council of the City of Marina 5 at a regular council meeting duly held on December 2r 1980, by 6 the following vote:
7 AYES; COUNCIL MEMBERS:
8 9 NOES: COUNCIL MEMBERS: None
10 11 NoneABSENT : COUNCIL MEMBERS:
12 13
Robert T. Ouye, Mayor
14 15
16 17 . Flautt, City Clerk
18 19
20 21
22 23
24 25
26 27
28 -17-
Davis, Bird, Laden, Takahashi and
Mayor Ouye
-7 I
4/
ATTEST :/)

EXHIBIT A
25 92
RESOLUTION NO. 85-1
1 2 -oOo-
3 4
5 i
6 December ’2, 1980, is hereby amended as follows:
i7 8.
8 9
10 11
12 13
14 ! O .• ••li&r-
15 16
17 18
Counci Imembers :AYES,
19 20 Councilmembers: NoneNOES,
21 i
Councilmembers : NoneABSENT,
22 23
/ / /MAYOR
24 25
26 27
28 i
!
I
I
BE IT RESOLVED by the City. Council of the City of Marina, as follows:

A RESOLUTION AMENDING RESOLUTION 80-71 ESTABLISHING RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. i o
Call to Order
Pledge of Allegiance and Invocation
Roll Call
Approval of the Minutes
Presentations
Communications from the Floor (Not on the Agenda)
Council and Staff Reports
Correspondence
Consent Calendar
Publid Hearings
Other Agenda Items
Executive Session
Adjournment
Ayers , Blake , Ouye , Kosorek
and Mayor Takahashi

ORDER OF BUSINESS
The business of the Council shall be taken up for
consideration and dispostion in the following order:

ATTEST:
^CITY CLE^K/

1. That Resolution No. .80-71 entitled "A Resolution
Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City. Council",’ passed and adopted on PASSED AND ADOPTED at a. regular meeting of the City Council of the City of Marina duly held on January 8, 1985, by the following vote:

EXHIBIT A
26 93
RESOLUTION NO. 91-09
RESOLVED by the City Council of the City of Marina,IT as That Resolution No.
is hereby amended as

8. ORDER OF BUSINESS
for
J
Perrine andCOUNCIL MEMBERS:AYES,
COUNCIL MEMBERS: NoneNOES,
COUNCIL MEMBERS: NoneABSENT,
EDITH JOHNSEN, Mayor
ATTEST ;
(Merk
BE
follows :

5. 6.

7. 8.

9. 10.

11. 12.

1. 2.

3. 4.

A RESOLUTION AMENDING RESOLUTION 85-1 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL
Takali, Yates, Horning,
Mayor Johnsen
Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments of
Silence
Communications From The Floor
Special Presentations
Consent Agenda (includes Approval of Minutes)
Public Hearings
Other Council Action Items
Council & Staff Informational Reports
Correspondence
Adjournment

1. That Resolution No. 85-1 entitled "A Resolution Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council:, passed and adopted on January 8, 1985,
follows:

The business of the Council shall be taken up
consideration and disposition in the following order:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 5th day of February, 1991, by the following vote:

EXHIBIT A
27 94
RESOLUTION NO. 91-17
1 v.-’J 2
3 as4
5 6
7 8. ORDER OF BUSINESS8
9 10
11 12
!13
14 15
ft
*
16 17
18 19 AYES,
20 NOES, NoneCOUNCIL MEMBERS:21
ABSENT , COUNCIL MEMBERS: None22
23 EDITH JOHNSEN, Mayor24 ATTEST :
25 UNSg£/ City OlerkJ P,26
27 28
COUNCIL MEMBERS:
and Mayor Johnsen
i

1. 2.

3. 4.

Cl-

7. 8.
.— 9.

10. 11.

12. Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments
of Silence
Special Presentations
Communications From The Floor
Public Hearings
Other Council Action Items
Consent Agenda (includes Approval of Minutes)
Council & Staff Informational Reports
Correspondence
Adjournment
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 19th day of March, 1991, by the following vote:

A RESOLUTION AMENDING RESOLUTION 91-09 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE
>'• MARINA CITY COUNCIL
BE IT RESOLVED by the City Council of the City of Marina, follows :

The business of the Council shall be taken up for
consideration and disposition in the following order:

1. That Resolution No. 91-09 entitled "A Resolution
Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council:, passed and adopted on February 5, 1991, is hereby amended as follows:

Takali, Yates, Horning, Perrine

EXHIBIT A
28 95
1 2
RESOLUTION NO. 92-30
3 4
5 6
7 That Resolution No. 91-17 entitled ”A Resolution Amending 8 9
ORDER OF BUSINESS8.
10 f
11 12
13 14
15 16
17 18
19 20
1992, by the
21 AYES, COUNCIL MEMBERS:22
23 24
25 EDITH JOI
ATTEST :26
27 28
I1.

2. 3.

4. i
>
JUNSAY^/city (fclerk
NOES,

ABSENT,
Call to order
Roll Call & Establishment of Quorum
Closed Session
Pledge of Allegiance & Words of Inspiration/Moments
of Silence
Special Presentations
Communications From The Floor
Special Announcements
Public Hearings
Other Council Action Items
Consent Agenda (includes Approval of Minutes)
Council & Staff Informational Reports
Correspondence
Adj ournment
COUNCIL MEMBERS:

COUNCIL MEMBERS:

Takali, Yates, Horning, Perrine
and Mayor Johnsen.

None
None
I

5. 6.

7. 8.

9. 10.

11. 12.

13. IN, Mayor
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 3rd day of June,
following vote:

A RESOLUTION AMENDING RESOLUTION 91-17 ESTABLISHING RULES AND

PROCEDURES FOR THE CONDUCT OF THE MEETING OF THE

MARINA CITY COUNCIL

1. Resolution 91-09 Establishing Rules and Procedures for the Conduct of the Meetings of the Marina City Council”, passed and adopted on March 19, 1991, is hereby amended as follows:

The business of the Council shall be taken up for
consideration and disposition in the following order:

Q
BE IT RESOLVED by the City Council of the City of Marina, as follows :

EXHIBIT A
29 96
RESOLUTION NO. 94-15
1980,

2. shall
each month at the hour of
i

8. ORDER OF BUSINESS.

REPORT ON ANY ACTION

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

1. 2.

3. 4.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION NO. 80-71 AND 92-30

RELATING TO THE HOURS OF REGULAR MEETINGS AND

THE ORDER OF BUSINESS
on
on
emergency at such other place as is
the Mayor or,
members of the City Council,
regular meeting falls
meeting shall be held
regular meeting shall be held at the same hour
the following business day.

Section 2, entitled “Regular
2, 1980, is hereby
BE IT RESOLVED by the City Council of the city of Marina, as follows :

The business of the council shall be taken up for
consideration and disposition in the following
order :

CALL TO ORDER 6:00 P.M.

ROLL CALL & ESTABLISHMENT OF QUORUM

CLOSED SESSION

OPEN REGULAR SESSION -

TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE

SPECIAL PRESENTATIONS

SPECIAL ANNOUNCEMENTS

COMMUNICATIONS FROM THE FLOOR

CONSENT AGENDA

PUBLIC HEARINGS

OTHER COUNCIL ACTIONS ITEMS

COUNCIL & STAFF INFORMATIONAL REPORTS

CORRESPONDENCE

ADJOURNMENT
Regular Meeting The City Council shall hold
regular meetings on the first and third Tuesday of
6:30 p.m. in the Council
Chambers of the City Hall, 211 Hillcrest Avenue in
the City, or in such other place within the city
limits to which said meeting may be adjourned. If
by reason of fire, flood or other emergency it
shall be unsafe to meet in the City Hall, the
meetings may be held for the duration of the
designated by
if he should fail to act, by three
When the day for any
a legal holiday, no
such holiday, but a
on

1. That Resolution No. 80-71,
Meetings” passed and adopted on December
amended as follows:

2. That Resolution No. 92-30 amending the Order of Business passed and adopted June 3, 1992, is hereby amended as follows:

EXHIBIT A
30 97
94-15
AYES, COUNCIL MEMBERS:
o
ATTEST :

I
!
i
NOES,

ABSENT,
Resolution No.

April 7, 1994

Page 2 ends

Marina City CouncilSeptember 1, 2026

Marina City Council
September 1, 2026