AGENDA Tuesday, December 17, 2013 5:30 P.M. Closed Session 6

Transcription

AGENDA
Tuesday, December 17, 2013
5:30 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION,
AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
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 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)
1.
CALL TO ORDER
2.
ROLL CALL & ESTABLISHMENT OF QUORUM:
(City Council, Airport
Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency
Members)
Nancy Amadeo, David W. Brown, Gail Morton, Mayor Pro-Tem/Vice Chair Frank
O’Connell, Mayor/Chair Bruce C. Delgado
3.
CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City
Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and
Redevelopment Agency Members) 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. Real Property Negotiations
(1)
Property: Blanco Rd. Easement
Negotiating Party: Valle del Sol LLC
Property Negotiator: City Manager
Terms: All terms and conditions
Agenda for City Council Meeting of Tuesday, December 17, 2013
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b. Labor Negotiations
i.
Marina Employee Association
ii. Marina Management Employees Association
iii. Marina Public Safety Officers Association
iv. Department Directors
City Negotiators: Richard Bolanos, Managing Partner, Liebert Cassidy Whitmore,
Layne P. Long, City Manager and Employee Relations Officer
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
4.
MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5.
SPECIAL PRESENTATIONS: None.
6.
SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: 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 is not on the agenda. Please state your name for
the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will
be referred to staff and/or placed on a future agenda. City Council members or City staff may
briefly respond to statements made or questions posed as permitted by Government Code Section
54954.2. In order that all interested parties have an opportunity to speak, please limit comments to
a maximum of four (4) 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. None.
7.
CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA
REDEVELOPMENT AGENGY: 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. 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 provide a
response. If discussion or a lengthy explanation is required, that item will be removed from the
Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at
the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
a. Successor Agency consider adopting Resolution No. 2013-, receiving and filing the
Successor Agency to the former Marina Redevelopment Agency audited financial
statement of net position as of June 30, 2013 and the related statement of changes in net
position for the year ended June 30, 2013.
8.
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 items are considered to be routine. 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 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.
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a. ACCOUNTS PAYABLE:
(1)
Accounts Payable Check Numbers 69957-70123, totaling $496,820.51
Wire transfers totaling: $622,463.90
b. MINUTES:
(1)
December 3, 2013, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None.
e. CALL FOR BIDS:
(1)
None.
f. ADOPTION OF RESOLUTIONS:
(1)
City Council consider adopting Resolution No. 2013-, approving request from
Carmel Marina Corporation of Castroville, California, dba, Waste Management,
to increase waste disposal rates for residential and commercial accounts by
1.82% with the exclusion of raising senior citizen rate.
g. APPROVAL OF AGREEMENTS:
(1)
City Council consider adopting Resolution No. 2013-, approving Amendment
No. 1 to Agreement between City of Marina and Tartaglia Engineering for
property management services at Marina Municipal Airport, and authorizing
City Manager to execute Amendment No.1 on behalf of the City subject to final
review and approval by the City Attorney.
(2)
City Council consider adopting Resolution No. 2013-, approve a contract
between the City of Marina and SWCA Environmental Consultants of San Luis
Obispo California, for environmental planning services related to the California
American Water Temporary Slant Test Well project and authorize City Manager
to execute the contract on behalf of the City, subject to final review and
approval by the City Attorney and authorize the Finance Director to make the
necessary budgetary and accounting entries.
(3)
1.
Adopting Resolution No. 2013-, approving agreement among the County
of Monterey, the Salinas Valley Solid Waste Authority, the Monterey Regional
Waste Management District, the Pebble Beach Community Services District,
and the cities of Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King
City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, and
Soledad to evaluate and analyze current practices and options for the collection,
transportation, processing, and reducing landfill disposal of solid waste within
Monterey County; and
(4)
2.
Authorize the City Manager to execute the agreement on behalf of the
city subject to final review and approval by the City Attorney; and
(5)
3.
Authorize the Finance Director to make the necessary budgetary and
accounting entries.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
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i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1)
City Council consider adopting Resolution No. 2013-, receiving and filing City
of Marina audited Annual Financial Reports for the fiscal year ended June 30,
2013.
(2)
of Marina single audit report for Fiscal Year ended June 30, 2013.
(3)
Consider adopting Resolution No. 2013- approving Investment Policy and
Management Plan for City of Marina and Successor Agency to the former
Marina Redevelopment Agency.
(4)
of Marina Auditor’s Governance Letter (SAS 114), City Auditor’s Management
Letter of Comments (SAS 112) for the fiscal year ended June 30, 2013.
(5)
City Council City Council of the City of Marina and Abrams B Non-Profit
Corporation Board consider adopting Resolution No. 2013-, receiving and filing
the audited special-purpose statements of financial position of Abrams Park for
the fiscal year ended June 30, 2012 and June 30, 2013.
(6)
City Council consider adopting Resolution No. 2013- receiving and filing City
of Marina auditor report on the appropriation limit as of June 30, 2013.
k. FUNDING & BUDGET MATTERS: None.
l. APPROVE ORDINANCES (WAIVE SECOND READING): None.
m. APPROVE APPOINTMENTS:
(1)
City Council consider adopting Resolution No. 2013-, approving amendment to
the Mayor’s 2014 recommendation for Mayor Pro Tem and City Council
member assignments to various Committees/Commissions/Boards.
9.
PUBLIC HEARINGS: None.
10.
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 four (4) minutes of
public comment. None.
11.
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.
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).
12.
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a.
City Council consider adopting Resolution No. 2013- approving Amendment No. 7
to Management Agreement between the City of Marina, the City of Marina Abrams
B Non-Profit Corporation (“Non-Profit Corporation”) , and Alliance Communities
Inc., for Abrams B Housing Area, subject to final approval by the Federal National
Mortgage Association, and; authorizing City Manager to execute Amendment No. 7
to Management Agreement on behalf of the City subject to final review and
approval by the City Attorney; adopting Resolution No. 2013- (NPC), approving
Amendment No. 7 to Management Agreement between the City of Marina, the NonProfit Corporation, and Alliance Communities, Inc., subject to final approval by the
Federal National Mortgage Association, and; authorizing the Executive Director to
execute Amendment No. 7 to Management Agreements on behalf of the Non-Profit
Corporation subject to final review and approval by the Non-Profit Corporation
Legal Counsel, and; directing staff to conduct a review of the services provided by
Alliance, in accordance with the Management Agreement, within six (6) months of
execution of Amendment No. 7.
b.
City Council receive presentation by Transportation Agency for Monterey County
on Multi-Modal Corridor.
c.
City Council consider Adopting Resolution No. 2013-, approving an agreement
between City of Marina and Peninsula Hotels Group providing an economic
investment incentive for the construction of a Marriot Springhill Suites Hotel and
authorize the City Manager to execute the contract on behalf of the City subject to
final review and approval by the City Attorney and authorize the Finance Director
to make the necessary budgetary and accounting entries.
d.
Motion for the City Council to reconsider its decision of December 10, 2013 as it
relates to: the approving of a third administrative modification to the development
agreement between the City of Marina and Marina Community Partners, LLC
establishing the time for payment of certain impact fees and other consideration for
a proposed theater, and authorizing the City Manager to execute the contract on
behalf of the city, subject to final review and approval by the City Attorney and
authorize the Finance Director to make the necessary budgetary and accounting
entries. (O’Connell)
COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce C. Delgado]
b. 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.
13.
ADJOURNMENT:
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CERTIFICATION
I, Anita DeAmaral, Acting 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 72 hours prior to a Regular
Meeting or on or before 24 hours prior to a Special Meeting.
_______________________________________
ANITA DEAMARAL, ACTING DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and
available for public review and listening at the Office of the City Clerk, and kept for a period of 90
days after the formal approval of MINUTES.
City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on
Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition,
Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more
information about viewing the Council Meetings on Channel 25, you may contact Access Monterey
Peninsula directly at 831-333-1267.
Agenda items and staff reports are public record and are available for public review on the City's
website (www.ci.marina.ca.us), 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 regular office
hours and in a ‘Supplemental Binder’ at the meeting.
Members of the public may receive the City Council, Airport Commission and Redevelopment Agency
Agenda at a cost of $55 per year or by providing a self-addressed, stamped envelope to the City Clerk.
The Agenda is also available at no cost via email by notifying the City Clerk at
[email protected].
ALL MEETINGS ARE OPEN TO THE PUBLIC.
THE CITY OF MARINA DOES NOT
DISCRIMINATE AGAINST PERSONS WITH DISABILITIES.
CITY HALL AND COUNCIL
CHAMBERS ARE ACCESSIBLE FACILITIES.
Upcoming 2013 Meetings of the City Council, Airport
Commission, Marina Abrams B Non-Profit Corporation,
and Successor Agency of the Former Redevelopment Agency
Regular Meetings: 5:30 p.m. Closed Session;
6:30 p.m. Regular Open Sessions
NOTE: Regular Meeting dates may be rescheduled by City Council only.
_________________________________________
C I T Y
H A L L H O L I D A Y S
(City Hall Closed)
Winter Break --------------------------- Tuesday, December 24, 2013 – Wednesday, January 1, 2014
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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2013 COMMISSION DATES
Upcoming 2013 Meetings of Design Review Board
3rd Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M
** = Change in location due to conflict with Council meeting
.
December 18, 2013
Upcoming 2013 Meetings of Economic Development Commission
1st Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
Upcoming 2013 Meetings of Planning Commission
2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
December 26, 2013
Upcoming 2013 Meetings of Public Works Commission
3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
December 19, 2013
Upcoming 2013 Meetings of Recreation &
Cultural Services Commission
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.
December 12, 2013
Honorable Chair and Board
of the Successor Agency of the
Marina Redevelopment Agency
Item No. 7a
Successor Agency
Board Meeting
of December 17, 2013
CITY COUNCIL OF THE CITY OF MARINA ACTING AS THE
GOVERNING BOARD OF THE SUCCESSOR AGENCY OF MARINA
REDEVELOPMENT AGENCY BOARD CONSIDER ADOPTING
RESOLUTION NO. 2013-, RECEIVING AND FILING THE SUCCESSOR
AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY
AUDITED STATEMENT OF NET POSITION AS OF JUNE 30, 2013 AND
THE RELATED STATEMENT OF CHANGES IN NET POSITION FOR
THE YEAR ENDED JUNE 30, 2013
REQUEST:
It is requested that the City Council of the City of Marina acting as the Governing Board of the
Successor Agency of the Marina Redevelopment Agency Board consider:
1.
Adopting Resolution No. 2013- (SA-MRA), receiving and filing the Successor Agency to
the former Marina Redevelopment Agency audited statement of net position as of June
30, 2013 and the related statement of changes in net position for the year ended June 30,
2013.
BACKGROUND:
After each fiscal year, independent auditors examine and test the underlying controls, fiscal
records and financial transactions from which the Successor Agency to the former Marina
Redevelopment Agency financial reports are prepared, and issue their opinion on the financial
statements contained in the reports.
The purpose of the audit is to determine whether, in the auditor's opinion, the financial
statements present fairly in all material respects the Successor Agency to the former Marina
Redevelopment Agency financial position and results of operations for the fiscal year.
The State dissolution of redevelopment agencies caused a significant shift in the financial
position, changed in the legal entity title and changed the accounting treatment and presentation.
These financial statements are issued in accordance with the Marina Redevelopment Agency
Marina Municipal Airport Area 2000 Tax Allocation Bonds, Series A Indenture of Trust dated
July 1, 2000, Section 5.05 Books and Accounts: Financial Statements. “The Agency will cause
to be prepared, within one hundred and eighty (180) days after the close of each Fiscal Year so
long as the Bonds are Outstanding, complete audited financial statements with respect to such
Fiscal Year showing the Tax Revenues, all disbursements of Tax Revenues and the financial
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condition of all funds and accounts established in this indenture, as of the end of such Fiscal
Year.”
ANALYSIS:
The independent auditors, Mann, Urrutia, Nelson CPAs, issued a favorable opinion dated
November 1, 2013 for the statement of net position of the Successor Agency to the Marina
Redevelopment Agency of the City of Marina as of June 30, 2013 and the related statement of
changes in net position for the year then ended June 30, 2013. (EXHIBIT A)
The auditors' unqualified opinion on these financial statements are indicative of superior
financial records, an accomplishment made possible through exceptional expertise, dedication
and commitment to excellence on the part of Finance Consultant Richard B. Standridge, CPA
and Finance Department staff, Accounting Technicians Monika Collier, Mary Jett and Lily
Suarez. This accomplishment is especially praiseworthy due to the extreme staffing shortage
experienced by the Finance Department during the past six (6) years. The City of Marina is
fortunate to have staff of this caliber.
FISCAL IMPACT:
None
CONCLUSION:
This request is submitted for City Council, acting as the Government Board of the Successor
Agency of the Marina Redevelopment Agency consideration and possible action.
Respectfully submitted,
_____________________________
Lauren Lai, CPA
Finance Director
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
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RESOLUTION NO. 2013- (SA-MRA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY OF THE
MARINA REDEVELOPMENT AGENCY ADOPTING RESOLUTION NO. 2013-,
RECEIVING AND FILING THE SUCCESSOR AGENCY TO THE FORMER MARINA
REDEVELOPMENT AGENCY AUDITED STATEMENT OF NET POSITION AS OF JUNE
30, 2013 AND THE RELATED STATEMENT OF CHANGES IN NET POSITION FOR THE
YEAR THEN ENDED JUNE 30, 2013
WHEREAS, after each fiscal year, independent auditors examine and test the underlying
controls, fiscal records and financial transactions from which the Successor Agency to the former
Marina Redevelopment Agency financial reports are prepared, and issue their opinion on the
financial statements contained in the reports, and;
WHERAS, the purpose of the audit is to determine whether, in the auditor's opinion, the
financial statements present fairly in all material respects the Successor Agency to the former
Marina Redevelopment Agency financial position and results of operations for the fiscal year,
and;
WHEREAS, the State dissolution of redevelopment agencies caused a significant shift in the
financial position, changed in the legal entity title and changed the accounting treatment and
presentation, and;
WHEREAS, these financial statements are issued in accordance with the Marina Redevelopment
Agency Marina Municipal Airport Area 2000 Tax Allocation Bonds, Series A Indenture of Trust
dated July 1, 2000, Section 5.05 Books and Accounts: Financial Statements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, acting as
the governing board of the Successor Agency of the Marina Redevelopment Agency here by
1. Receive and file the Successor Agency to the former Marina Redevelopment Agency
audited financial statement of net position as of June 30, 2013 and the related statement
of changes in net position for the year ended June 30, 2013 (Exhibit A).
PASSED AND ADOPTED by the City Council of the City of Marina acting as the governing
board of the Successor Agency of the Marina Redevelopment Agency at a regular meeting duly
held on the 17th day of December 2013, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
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_______________________________
Bruce C. Delgado, Chair
ATTEST:
_______________________________
Anita DeAmaral, Acting Board Secretary
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Agenda Item: 8b(1)
City Council Meeting of’
December 17, 2013
MINUTES
Tuesday, December 3, 2013
5:30 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION,
AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY
Council Chambers
Marina, California
1.
CALL TO ORDER
2.
ROLL CALL & ESTABLISHMENT OF QUORUM:
(City Council, Airport
Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency
Members)
MEMBERS PRESENT: Nancy Amadeo, David W. Brown, Gail Morton, Mayor ProTem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado
3.
CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City
Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and
Redevelopment Agency Members) 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 – Existing Litigation (Paragraph (1) of subdivision (d)
of Section 54956.9) – One case
(1)
Marina v. Fort Ord Reuse Authority
b. Real Property Negotiations
(1)
Property: Blanco Rd. Easement
Negotiating Party: Valle del Sol LLC
Property Negotiator: City Manager
Terms: All terms and conditions
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
City Attorney Rob Wellington reported out closed session: Council met at 5:30 and indicated on
the agenda with the two items listed. With regard to agenda item 3a(1), Existing Litigation,
Council received information, had discussion, no specific action taken in the closed session
DRAFT MINUTES for City Council Meeting of Tuesday, December 3, 2013
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With regard to agenda item 3b(1), Real Property Negotiations, Council received information,
direction was given to its negotiators, no action was taken/
4.
MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5.
SPECIAL PRESENTATIONS: None
6.
SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: 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 is not on the agenda. Please state your name for
the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will
be referred to staff and/or placed on a future agenda. City Council members or City staff may
briefly respond to statements made or questions posed as permitted by Government Code Section
54954.2. In order that all interested parties have an opportunity to speak, please limit comments to
a maximum of four (4) 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
Tim Ledesma – Marina High School PTSA sponsoring the Santa House Gift Wrapping between
REI and Target on Saturday and Sundays.
Lenore Masterson – Friends of the Marina Library hosting their first Sing-A-Long on December
14th from 2:00-4:00PM at the Marina Library; Special mini book sale
Candy Myer-Owen – Epiphany Church doing extraordinary production of the “Little Match Girl”
on December 6-7; December 13-14 starting at 7:30 PM. Cost is $10/adult, $5/Child; Mentioned
that Everyone’s Harvest Farmer’s Market and Community Gardens up for matching program
through the Monterey County Gives Program; and the executive director and founder of
Everyone’s Harvest, Iris Peppard has been chosen as one of the top 25 people to watch in the next
25 years.
Denise Turley – Asked if there was an organization collecting gift wrapping paper? Reported that
a Abrams got their street lights back 3 days before the eight months were up. Questioned whether
the wires used to connect poles were temporary or permanent.
Harald Kelley – Spoke about the Local Hazardous Mitigation Plan, which the City of Marina is
part of and in the process of updating the plan. Provided Council and public information on how to
participate in helping to update by going to the City’s website to the News Flash and read more on
this topic. To participate in the survey go to www.surveymonkey.com/s/montereymitigation . This
is a chance for the public to participate in helping update the plan. Marina Professional
Firefighters Association ramping up for their annual food bank drive. Food bins will be dropped
off at the Marina Fire Station, 208 Palm Avenue; 211 Hillcrest Avenue Public Safety Building
front lobby and at the Dunes Shopping Center between REI and Famous Footwear.
Alan Freese – Wanted to thank Council and all city staff for all your efforts and diligence. Was
able to sign Airport Use Permit yesterday and looking forward to having a successful season next
year.
Patti Bradshaw – The four minute concept is great but if you’re standing here representing an
organization and make a nice announcement and get everybody excited about it and then your next
rep you complain about something or criticize something it doesn’t look good the organization
representing. Consider the possibility that if you want to do announcements and personal opinion
that you could step up twice and do the announcement one time and the personal opinion next.
Page 3
Rebecca Tyson – Updated Council on the happenings at Los Arboles Middle School. In November
we conducted our food drive and helped 10 Los Arboles families. We are having a Jean Drive with
Hope services, Marina Police Dept and Marina High so far we’ve collected over 20 pairs of jeans.
Toy drive going on until December 13th, looking for new toys.
Alberto Jarmillo – Tomorrow is our first basketball game with Seaside at King Elementary from
3:30-6:00 PM with both girls and boys teams participating. Winter concert tomorrow at the Los
Arboles Gym, performance by our 6th, 7th and 8th grade students. On December 5th students will go
on a field trip to CSUMB as a “promise” field trip and along with that we are also doing a six year
plan for our 7th grade students informing the students and parents what classes they need to take in
order to be successful for college once they graduate. Winter break coming up on December 20th
and coming back January 7th. Next week selected 8th grade student will go on a field trip to Moss
Landing where they will be relationships with Marina High School science and mathematics
academics.
Margaret Davis – On December 12-13, 2013 CSUMB/FORA are sponsoring a Colloquia Summit Economy, Education and the Environment on the former Fort Ord being held at University Center 101 General Stillwell Drive. Tickets are needed and are free.
Jan Shriner – MCWD Water Conservation Commission on December 5th at 5:30 PM at 11
Reservation Road. The Water Conservation Commission as well as the Community Outreach
Committee will be volunteering at the Santa House. Announced that this Marina community has
had a water conservation commission the longest of any entity and it shows in the way the
community has done a fantastic job of responding to the water conservation messages.
Terry Siegrist – Marina Foundation Annual Tree Lighting Ceremony on Friday December 6th at
Vince DiMaggio Park from 6:00-7:30 PM; Sunday, December 15th is our Senior Christmas Dinner
from 11:00 - 2:00 pm at the Rocky Hann Community Center, all seniors 55 and older are invited.
CSUMB Scavenger Hunt over different locations throughout Marina and as a part of that they are
receiving information on our CSUMB Night’s that are offered every second Thursday of the month
at the Teen Center for CSUMB students; 2013-2014 Youth Basketball Clinics on December 14th
and December 21st at the Rocky Hann Community Center.
Greg Furey – Spoke about the Police Department’s Nixel.Com Program and encouraged the public
to sign up for it to receive the most updated information on issues happening in our community and
surrounding areas. This is an early warning system.
Council Member Amadeo – Announced that the Santa House is looking for volunteers from
various non-profit organizations to help with gift wrapping; also encourage the public to sign up
for the Nixel.Com and Crime Reports.Com and their Facebook page.
Mayor Delgado – Commented about the Marina High PTSA Santa House seeking volunteers for
gift wrapping and Santa, open on Saturday’s and Sunday’s from now until Christmas; Marina
Volunteer Firefighters Association 13th Annual Toy Drive at Wal-Mart on December 7-8, 2013.
Thanks to the American Legion for the 2 day holiday bazaar, this gave local people a chance to sell
their crafts. Next crafts bazaar is December 7th at the Peninsula Wellness Center.
7.
CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA
REDEVELOPMENT AGENGY: 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. 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 provide a response. If discussion or a lengthy explanation is
required, that item will be removed from the Consent Agenda for Successor Agency to the former Marina
Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina
Redevelopment Agency.
8.
Page 4
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 items are considered to be routine. 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 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.
a. ACCOUNTS PAYABLE:
(1)
Accounts Payable Check Numbers 69847-69956, totaling $1,130,238.86
Wire Transfers totaling $79,531.01
b. MINUTES:
(1)
November 19, 2013 Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID:
(1)
City Council consider adopting Resolution No. 2013- awarding the contract to
AL-BANA Construction of Castroville, California, for the Equestrian Center
Envelope Stabilization Project, and; authorize the Finance Director to make the
necessary accounting and budgetary entries, and; authorize the City Manager to
execute all contract documents on behalf of the City, subject to final review and
approval by the City Attorney. Pulled by public, becomes agenda item 11d
(2)
City Council consider adopting Resolution No. 2013-173, awarding the contract
to Monterey Peninsula Engineering of Monterey, California, for the Parking Lot
and Civil Improvements Project at 711 Neeson Road at the Marina Municipal
Airport, and; authorize the Finance Director to make the necessary accounting
and budgetary entries, and; authorize the City Manager to execute all contract
documents on behalf of the City, subject to final review and approval by the
City Attorney.
(3)
City Council consider adopting Resolution No. 2013-174, awarding the contract
to Joseph Murphy Construction of Livermore, California, for the Re-Roofing
Project of Building 535 at 711 Neeson Road at the Marina Municipal Airport,
and; authorize the City Manager to execute all contract documents on behalf of
the City, subject to final review and approval by the City Attorney.
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1)
City Council consider adopting Resolution No. 2013-175, canvassing the
November 5, 2013 Special Municipal Election of the City of Marina; and
authorize the Finance Director to make the necessary accounting and budgetary
entries.
(2)
City Council consider adopting Resolution No. 2013-176, approving request of
Marina High School Parent Teacher Student Association (PTSA) to place
temporary directional signs in Public Right of Way near Imjin Parkway and 2nd
Ave. and inside parking lot of Dunes by Monterey Bay Shopping Center from
December 4-22, 2013; and provide staff with any further direction in the matter.
Page 5
g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1)
Council/Staff Consider receiving brief informational report for priority projects
and programs.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1)
City Council waive second reading and adopt Ordinance No. 2013-08, altering
the ordinance introduced on October 15, 2013, adopting and amending Title 15
of the Marina Municipal Code to adopt 2013 Editions of California Building
Standards Codes, specifically 2013 California Building Code, 2013 California
Mechanical Code, 2013 California Residential Code, 2013 California Green
Building Standards Code, 2013 Existing Building Code, 2013 California
Plumbing Code, 2013 California Electrical Code and 2013 California Fire Code,
with certain exceptions, modifications and additions required by local climatic,
geological or topographical conditions.
(2)
City Council waive second reading and adopting Ordinance No. 2013-09,
amending Marina Municipal Code Chapters 17.06, 17.13, 17.14, 17.16 and
17.41 to allow for the keeping of domestic chickens within MHR (Marina
Heights Residential), R-1 (Single Family Residential), R-2 (Duplex Residential)
and R-1/C-P (Single Family Residential/Coastal Permit) Zoning Districts as a
permitted use.
m. APPROVE APPOINTMENTS:
(1)
City Council consider adopting Resolution No. 2013-, approving Mayor’s 2014
recommendation for Mayor Pro Tem and City Council member assignments to
various Committees/Commissions/Boards. Pulled by Council, becomes agenda
item 11e
Margaret Davis requested to pull agenda item 8d(1) for discussion
Council pulled 8m(1) for edits
BROWN/MORTON: TO APPROVE THE CONSENT AGENDA MINUS AGENDA ITEM
8d(1) AND 8m(1). 5-0-0-0 Motion Passes
9.
PUBLIC HEARINGS:
a.
City Council consider adopting Resolution No. 2013-177, approving Conditional
Airport Use Permit for Marina Motorsports, Inc. to conduct non-aviation related
motor sport activities on the south tarmac at the Marina Municipal Airport; and
authorize City Manager to execute the Conditional Airport Use Permit on behalf of
City, subject to final review and approval by City Attorney.
Page 6
Delgado/Amadeo: to approve this only if we have a letter demonstrating compliance with what we
know to be one of the FAA main requirements, which is evidence of serious negotiations for an
alternative site.
Council Member Morton suggested a friendly amendment to the motion to reflect: that the proposed
applicant provide to the city a letter that they believe will meet the criteria that is stated in this letter
that the FAA is requesting that they are demonstrating how they will accommodate use in the future at
an alternative location and we look at it and we submit that with the Use Permit application to the
FAA.
Mayor Delgado – Yes, Nancy is your Second fine?
Council Member Amadeo –My understanding is that this not a requirement per our Use Permit, that’s
a requirement from the FAA. Why are we acting as the ‘go-between” in this particular instance?
Mayor opened Public Hearing for public comment:
John Moulton – Indicated that he send an e-mail to the Council prior to the meeting showing that
Marina Motorsports and County Parks are in discussion for an alternate site. Mr. Moulton read the
letter to the Council.
Bob McCaffrey – Agrees with Council Member Morton’s comments; suggested that the City
resurrect the 1997 Airport Land Use Plan which talks about the N.E. portion of the Airport for
recreation use as previously designate.
Margaret Davis – Unless the city has some kind of cover letter or some sore of endorsement of the
concept from third parties then really the implication is they are passing it along with thongs and
they don’t support it. The airport is city property and you should be interested in communications
being done in an orderly and professional way with your hand on the helm.
Chris Khan – We are interested in bringing more aviation related uses to the Marina Airport and
we’ve a few different items underway. Interested in maintaining the current activities that have
been going on out here. It is important to the city and to potential users that the relationship with
the FAA be maintained in a good fashion. If there are other adjacent lands that could be looked at
for accommodating some of these other uses then that would be good for the city, good for FAA
and good for the other users.
Modified Motion
DELGADO/AMADEO: TO ADOPT RESOLUTION NO. 2013-177, APPROVING
CONDITIONAL AIRPORT USE PERMIT FOR MARINA MOTORSPORTS, INC. TO
CONDUCT NON-AVIATION RELATED MOTOR SPORT ACTIVITIES ON THE SOUTH
TARMAC AT THE MARINA MUNICIPAL AIRPORT; AND
AUTHORIZE CITY
MANAGER TO EXECUTE THE CONDITIONAL AIRPORT USE PERMIT ON BEHALF OF
CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY; DIRECT
STAFF TO PREPARE A COVER LETTER THAT STRONGLY POINTS ALL THE
REASONS WHY WE ARE FULLY IN SUPPORT OF THIS; AND THAT WE INCLUDE IN
THAT LETTER SOMETHING TO THE EFFECT THAT WE HAVE DIRECTED STAFF TO
INCLUDE AN UPCOMING MASTER PLAN UPDATE PROCESS, THE INITIATION OF
PLANNING FOR NON-AVIATION MOTORSPORTS NORTH OF THE AIRPORT RUNWAY
AS YOU, THE FAA HAVE SUGGESTED IN YOUR JUNE 14, 2013 LETTER TO US. 5-0-0-0
Motion Passes
Page 7
10.
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 four (4) minutes of
public comment.
11.
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.
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 adopting Resolution 2013-178, approving amendment
between the City of Marina and Mann Urrutia Nelson CPA of Sacramento,
California, for implementation, compliance review and technical assistance services,
authorize subsequent minor changes if necessary with City Attorney approval, and;
authorize City Manager to execute agreement amendment on behalf of City, and;
authorize the Finance Director to make the necessary accounting and budgetary
entries.
DELGADO/BROWN: TO APPROVE RESOLUTION 2013-178, APPROVING AMENDMENT
BETWEEN THE CITY OF MARINA AND MANN URRUTIA NELSON CPA OF
SACRAMENTO, CALIFORNIA, FOR IMPLEMENTATION, COMPLIANCE REVIEW AND
TECHNICAL ASSISTANCE SERVICES, AUTHORIZE SUBSEQUENT MINOR CHANGES
IF NECESSARY WITH CITY ATTORNEY APPROVAL, AND; AUTHORIZE CITY
MANAGER TO EXECUTE AGREEMENT AMENDMENT ON BEHALF OF CITY, AND;
AUTHORIZE THE FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING
AND BUDGETARY ENTRIES. 4-1(O’Connell)-0-0 Motion Passes
Public Comments: None received
b.
City Council receive presentation by Monterey County Convention and Visitors
Bureau (MCCVB). Presented by Tammy Blout and Sylecia Johnson
Public Comments:
Candy Myers-Owen – Excited about the presentation. Commented that when the talk was about all
the other visitor centers in the area and communicating with them and creating this network, of
course Marina we have no visitor center and the Chamber of Commerce used to take that as part of
their mission was to be a visitor center as well as the communication between the MCCVB and the
Chamber. Since we have no Chamber of Commerce office or visitor’s center, we do have a weekly
e-mail blast from the Chamber, is there communication between the MCCVB and the Chamber to
make sure that the Chamber is getting things to the MCCVB in regard to some of the things going
on in Marina?
Jan Shriner – Suggested taking a few picture of Hwy 1 or Hwy 156 during the “parking lot” stages
it would encourage people to stay a little longer to avoid the traffic. Emphasized the cycling
opportunities in our area, needs a strong component of cycling. Lots of recreation trails up and
down the beach and into Fort Ord, which would be a fantastic thing for our town.
Page 8
Greg Furey – does not know where anywhere else on the peninsula or general area where you can
find 7 Asian markets, 3 Korean restaurants, Filipino food, Vietnamese food, Japanese food,
Chinese food and a German Deli in one area. We have one of the most beautiful beaches in the
area and to try and find it you need GPS because the signage is horrific. There are a lot of little
hidden thing here that take a few years to discover but they’re here and I think it would be well
promoted for visitors.
Margaret Davis – Friends of the Fort Ord Warhorse took advantage of the opportunity to post on
the MCCVB website for the 4th Annual Veterans Day this year but does not believe it was picked
up on by the Bureau and put on the Facebook page or highlighted in anyway. Would like to see the
MCCVB picking up on the things that really are popping in Marina and featuring them. There are
the Karters, the recreation, the skydiving, kids winning skateboarding events, the ethnic foods,
there is plenty to promote and we are overdue for a feature article and we deserve a feature article.
Would like to see the MCCVB getting Sunset or National Geographic to focus on Marina. Waiting
to see the Bureau more active in promoting Marina. Most of the images shown were about
Monterey. Would like to see excitement about the City of Marina and activity on our behalf by the
MCCVB.
c.
City Council consider adopting Resolution No. 2013-179, authorize participation in
the Pre-Development and Technical Feasibility Phase of Community Choice
Aggregation for the Monterey Bay Region, without financial obligation; the City
may terminate participation at any time; and authorize the City Manager, or his/her
designated representative, to serve on the Project Development Advisory
Committee; and authorize the City Manager to request on the behalf of the city of
Marina the PDAC, and PDAC’s consultants, energy usage load data from Pacific
Gas & Electric Co. for use in the technical feasibility study.
AMADEO/DELGADO:
TO APPROVE RESOLUTION NO. 2013-179, AUTHORIZE
PARTICIPATION IN THE PRE-DEVELOPMENT AND TECHNICAL FEASIBILITY PHASE
OF COMMUNITY CHOICE AGGREGATION FOR THE MONTEREY BAY REGION,
WITHOUT FINANCIAL OBLIGATION; THE CITY MAY TERMINATE PARTICIPATION
AT ANY TIME; AND AUTHORIZE TIM FLANNIGAN, THROUGH THE CITY MANAGER,
TO SERVE ON THE PROJECT DEVELOPMENT ADVISORY COMMITTEE; AND
AUTHORIZE THE CITY MANAGER TO REQUEST ON THE BEHALF OF THE CITY OF
MARINA THE PDAC, AND PDAC’S CONSULTANTS, ENERGY USAGE LOAD DATA
FROM PACIFIC GAS & ELECTRIC CO. FOR USE IN THE TECHNICAL FEASIBILITY
STUDY. 5-0-0-0 Motion Passes
Public Comments: None received
9:55 PM
Delgado/Morton: that we go to 10:10 PM if necessary. 5-0-0-0 Motion Passes
d.
City Council consider adopting Resolution No. 2013-180 awarding the contract to
AL-BANA Construction of Castroville, California, for the Equestrian Center
Envelope Stabilization Project, and; authorize the Finance Director to make the
necessary accounting and budgetary entries, and; authorize the City Manager to
execute all contract documents on behalf of the City, subject to final review and
approval by the City Attorney. Pulled by public, was agenda item 8d(1)
Page 9
10:10 PM
O’Connell/Amadeo: to continue meeting to 10:30 PM. 3-2(Brown/Morton)-0-0 Motion Passes
Morton/Brown: to postpone this matter until to either December 10th or December 17th to be within the
30 days.
Substitute Motion #1
Brown/Morton: to continue this item to December 10th
Public Comments:
Jan Shriner – Was the contractor allowed to come onto the site, evaluate what they would possibly
want to do or need to do and then not do it until there’s been chance to review the requirements
from the Historical Society then it might not hold up the construction.
Margaret Davis – We do what to be in dialog about this with the contractor if possible and with
staff. We will have a committee together on Friend of the Fort Ord Warhorse’s side, we really
want to put this through.
Substitute Motion #2
O’CONNELL/AMADEO: TO ADOPTING RESOLUTION NO. 2013-180 AWARDING THE
CONTRACT TO AL-BANA CONSTRUCTION OF CASTROVILLE, CALIFORNIA, FOR
THE EQUESTRIAN CENTER ENVELOPE STABILIZATION PROJECT, AND;
AUTHORIZE THE FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING
AND BUDGETARY ENTRIES, AND; AUTHORIZE THE CITY MANAGER TO EXECUTE
ALL CONTRACT DOCUMENTS ON BEHALF OF THE CITY, SUBJECT TO FINAL
REVIEW AND APPROVAL BY THE CITY ATTORNEY. 3-2(Morton/Brown)-0-0 Motion
Passes
e.
City Council consider adopting Resolution No. 2013-181, approving Mayor’s 2014
recommendation for Mayor Pro Tem and City Council member assignments to
various Committees/Commissions/Boards. Pulled by Council, was agenda item
8m(1)
This item was moved so that edits could be made related to the FORA Board appointment and
AMBAG appointment. Changes are as follow:
Frank O’Connell on FORA as Member and David Brown as Alternate
David W. Brown on AMBAG as Alternate
Change stipend on Northern Salinas Valley Mosquito Abatement to $60/per meeting and meeting
location to business office and term to 2018.
DELGADO/AMADEO: TO APPROVE RESOLUTION NO. 2013-181, APPROVING
MAYOR’S 2014 RECOMMENDATION FOR MAYOR PRO TEM AND CITY COUNCIL
MEMBER ASSIGNMENTS TO VARIOUS COMMITTEES/COMMISSIONS/BOARDS AS
EDITED. 5-0-0-0 Motion Passes
Page 10
12.
COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce C. Delgado]
b. 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.
13.
ADJOURNMENT: 10:30 PM
Anita Sharp, Acting Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor
December 11, 2013
Honorable Mayor and Members
of the Marina City Council
Item No. 8f(1)
City Council Meeting
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013-,
APPROVING REQUEST FROM CARMEL MARINA CORPORATION OF
CASTROVILLE, CALIFORNIA, DBA, WASTE MANAGEMENT, TO
INCREASE WASTE DISPOSAL RATES FOR RESIDENTIAL AND
COMMERCIAL ACCOUNTS BY 1.82% WITH THE EXCLUSION OF RAISING
SENIOR CITIZEN RATES
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2013-, approving request from Carmel Marina Corporation of
Castroville, California, dba, Waste Management, to increase waste disposal rates for
residential and commercial accounts by 1.82% with the exclusion of raising senior citizen
rate.
BACKGROUND:
Carmel Marina Corporation, doing business as Waste Management, provides collection, transportation,
recycling and disposal of solid waste services within the City under the terms of the First Amended
Exclusive Franchise Agreement (Franchise Agreement) entered into on April 19, 1995.
At the regular meeting of December 18, 2012, the City Council Resolution No. 2012-196, denied
approving the FY 12/13 request by Carmel Marina Corporation of Castroville, California, DBA Waste
Management (WM), to increase waste disposal rates for residential and commercial accounts by 1.51%.
On September 26, 2013, staff received a letter from Mr. Felipe Melchor, Waste Management’s District
Manager, requesting that the City consider a rate increase for residential and commercial waste disposal
in the amount of 3.40%. On October 10, 2013, staff met with Waste management personnel to review
their request and the calculations provided. Subsequently, staff received a revised request and
calculations reflecting a 3.00% rate increase. The increase comprised a disposal rate adjustment of
1.82%, a cost of living adjustment of 1.18% and a fair rate of return of 0%.
After reviewing the provisions of the City’s Franchise Agreement with Waste Management, financial
statement and their calculations City staff reduced Waste Management’s request to 1.82% encompassing
the disposal rate increase only. This constitutes a pass through cost incurred by the hauler.
At the regular meeting of November 21, 2013, the City of Marina’s Public Works Commission adopted
Resolution 2013-27, recommending City Council approval of a request from Carmel Marina Corporation
of Castroville, California, dba Waste Management (WM), to increase waste disposal rates for residential
and commercial accounts by 1.82%.
8f(1) Page 1
8f(1) Page 1
ANALYSIS:
The increase was calculated with reference to the following components:
Disposal/Tipping Fee
1.82%
Consumer Price Index (CPI) 0.00%
Rate of Return
0.00%
1.82%
As required by the Franchise Agreement, WM provided a 90-day advance written notice of its request
for a rate increase to all its Marina customers. The notice was scheduled to be mailed on November 12,
2013, with a reference to a Public Works Commission meeting on November 21, 2013, and City Council
meeting on December 3, 2013 and effective date of increase on February 13, 2014. However, the notice
to some residents was not received until November 22, 2013, postponing the item from the City Council
agenda to the meeting of December 17, 2013 and the effective date of the increase to February 20, 2014.
Since the increase encompasses the disposal/tipping fees only, per Section 6.05 of the Franchise
Agreement the item can be brought to the City Council as a consent agenda item.
The current monthly rates for WM's residential and commercial customers within Marina and the
requested new monthly rates for each type of container are attached (“Exhibit A”).
FISCAL IMPACT:
Should the City Council approve this request, rates charged to customers for waste disposal in Marina
will be increased by 1.82%. The senior citizen rates will not be impacted by the rate adjustment increase.
Section 7.04, of the Franchise Agreement requires a payment to the City in consideration of the
exclusive franchise granted. Payment is based upon ten percent (10%) of the contractor’s annual gross
revenues. If the proposed rate increases result in an increase in the gross revenues for WM, the
franchise fee paid to the City will also increase proportionally. There is no direct fiscal impact cost to
the City as Section 3.04 of the Franchise Agreement requires WM to collect waste generated by Cityowned and operated facilities at no charge.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
____________________________
Edrie Delos Santos
Assistant Engineer, Engineering Division
Community Development Department
City of Marina
___________________________
Nourdin Khayata, P.E
Acting City Engineer
City of Marina
8f(1) Page 2
8f(1) Page 2
REVIEWED/CONCUR:
____________________________
Christine di Iorio, AICP
Director, Community Development Department
City of Marina
___________________________
Layne Long
City Manager
City of Marina
8f(1) Page 3
8f(1) Page 3
RESOLUTION NO. 2013RESOLUTION OF THE CITY OF MARINA CITY COUNCIL APPROVING REQUEST
FROM CARMEL MARINA CORPORATION OF CASTROVILLE, CALIFORNIA,
DBA WASTE MANAGEMENT TO INCREASE WASTE DISPOSAL RATES FOR
RESIDENTIAL AND COMMERCIAL BY 1.82% WITH THE EXCLUSION OF
RAISING SENIOR CITIZEN RATES
WHEREAS, Carmel Marina Corporation, doing business as Waste Management, provides collection,
transportation, recycling and disposal of solid waste services within the City under the terms of the First
Amended Exclusive Franchise Agreement (Franchise Agreement) entered into on April 19, 1995, and;
WHEREAS, at the regular meeting of December 18, 2012, the City Council Resolution No. 2012-196,
denied approving the FY 12/13 request by Carmel Marina Corporation of Castroville, California, DBA
Waste Management (WM), to increase waste disposal rates for residential and commercial accounts by
1.51%, and;
WHEREAS, on September 26, 2013, staff received a letter from Mr. Felipe Melchor, Waste
Management’s District Manager, requesting that the City consider a rate increase for residential and
commercial waste disposal in the amount of 3.40%. On October 10, 2013, staff met with Waste
management personnel to review their request and the calculations provided. Subsequently, staff
received a revised request and calculations reflecting a 3.00% rate increase. The increase comprised a
disposal rate adjustment of 1.82%, a cost of living adjustment of 1.18% and a fair rate of return of 0%,
and;
WHEREAS, after reviewing the provisions of the City’s Franchise Agreement with Waste Management,
financial statement and their calculations, City staff reduced Waste Management’s request to 1.82%
encompassing the disposal rate increase only. This constitutes a pass through cost incurred by the hauler,
and;
WHEREAS, at the regular meeting of November 21, 2013, the City of Marina’s Public Works
Commission adopted Resolution 2013-27, recommending City Council approval of a request from
Carmel Marina Corporation of Castroville, California, dba Waste Management (WM), to increase waste
disposal rates for residential and commercial accounts by 1.82%, and;
WHEREAS, as required by the Franchise Agreement, WM provided a 90-day advance written notice of
its request for a rate increase to all its Marina customers. The notice was scheduled to be mailed on
November 12, 2013, with a reference to a Public Works Commission meeting on November 21, 2013,
and City Council meeting on December 3, 2013 and effective date of increase on February 13, 2014.
However, the notice to some residents was not received until November 22, 2013, postponing the item
from the City Council agenda to the meeting of December 17, 2013 and the effective date of the increase
to February 20, 2014. Since the increase encompasses the disposal/tipping fees only, per Section 6.05 of
the Franchise Agreement the item can be brought to the City Council as a consent agenda item, and;
WHEREAS, staff has reviewed said proposal and finds it complete and ready for consideration and
possible approval by the City Council, and;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Marina hereby approve
the request from Carmel Marina Corporation of Castroville, California, dba, Waste Management, to
increase waste disposal rates for residential and commercial accounts by 1.82% with the exclusion of
raising senior citizen rate.
8f(1) Page 4
8f(1) Page 4
Resolution No. 2013Page Two
PASSED, APPROVED AND ADOPTED by the City Council of the City of Marina at a regular meeting
duly held on the 17th, December 2013, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________________
ATTEST:
_________________________
Anita DeAmaral, Acting Deputy City Clerk
8f(1) Page 5
8f(1) Page 5
EXHIBIT A
WASTE MANAGEMENT RATE INCREASE
RATE COMPARRISON
Effective February 13, 2014
Marina (1.82%) Proposed Rate Increase Residential 35 gal cart 64 gal cart 96 gal cart Current Rate $13.94 $17.49 $19.86 Proposed Rate $14.19 $17.81 $20.22 Variance $0.25 $0.32 $0.36 Commercial 35 gal cart 64 gal cart 96 gal cart 1 yard bin 2 yard bin 3 yard bin 4 yard bin 6 yard bin 8 yard bin Current Rate $14.33 $27.48 $35.42 $76.82 $152.84 $229.58 $306.03 $361.53 $482.06 Proposed Rate $14.59 $27.98 $36.06 $78.22 $155.62 $233.76 $311.60 $368.11 $490.83 Variance $0.26 $0.50 $0.64 $1.40 $2.78 $4.18 $5.57 $6.58 $8.77 Roll Off 15 yard roll off 20 yard roll off 30 yard roll off Current Rate $310.03 $339.92 $443.93 Proposed Rate $315.67 $346.11 $452.01 Variance $5.64 $6.19 $8.08 8f(1) Page 6
8f(1) Page 6
December 12, 2013
Item No. 8g(1)
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013- ,
APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF
MARINA AND TARTAGLIA ENGINEERING FOR PROPERTY
MANAGEMENT SERVICES AT MARINA MUNICIPAL AIRPORT AND
AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT NO. 1 ON
BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY
THE CITY ATTORNEY
REQUEST:
1. Adopting Resolution No. 2013- , approving Amendment No. 1 to Agreement between City of
Marina and Tartaglia Engineering for property management services at Marina Municipal
Airport, and;
2. Authorizing City Manager to execute Amendment No. 1 on behalf of the City subject to final
review and approval by the City Attorney.
BACKGROUND:
The Marina Municipal Airport resides on over 845 acres of former Fort Ord property, with over 400
acres dedicated to aviation. The City manages the facility, consisting of a runway, several taxiways,
aprons, additional airfield facilities and currently 54 business and individual leases. Management of
existing lease-sites and facilities represents significant income to the Airport.
At a regular meeting of April 16, 2013, City Council adopted Resolution No. 2013-52, approving a
professional services agreement with Tartaglia Engineering, focused on performing a lease property
analysis for all existing real property leases at the Marina Municipal Airport. Approved services,
representing a sub-set of a larger list of proposed tasks, focused on the following:
1. Perform a thorough review of existing airport real property leases. Document the status of
each lease regarding CPI adjustment, determine / identify initial lease rate and term, identify
if any CPI adjustments have occurred, identify if a CPI adjustment is appropriate, identify
the lost income, if any, as a result of non-implemented CPI adjustments.
2. Document the status of each lease regarding payment of utilities, identify discrepancies
between lease agreement provision and utility payments.
3. Document the status of each lease regarding insurance requirements, review files, and
identify discrepancies and shortcomings.
4. Document the status of lease payments through a review of reports provided by the Finance
Department and identify leaseholders in arrears.
5. Review the physical area and business activity of each lease holder against the described
lease site and authorized business enterprise. Identify discrepancies.
At a regular meeting of November 19, 2013, City Council adopted Resolution No. 2013-172,
receiving Marina Municipal Airport lease property status report. The report identified:
•
In general, lease holders are performing business activities consistent with the described
business authorized in each lease, and performing the business within the general footprint /
space authorized with each lease.
8g(1) Page 1
•
•
•
•
•
Most lease insurance documentation is not up to date.
Current annual lease income is $824,200.
Bringing existing leases current with lease adjustment provisions, annual lease income could
increase by $49,200.
Pursuit of lease adjustments in arrears given the (4) year statute of limitation period could
yield $140,000.
If all existing, leasable buildings at the Airport were leased at rates comparable with existing
lease rates, annual lease income could increase to $1,033,300.
The report made recommendations presented in potential Amendments:
Amendment #1: Tasks in this amendment focus on bringing all leases current, pursuing lease
adjustments in arrears, continuing with lease negotiations for tenants lacking leases, securing current
insurance certificates, and reviewing all fees and assessments to assure cost recovery. The work of
this amendment can generate a series of one time payments totaling $140,000 and securing an annual
increase in lease income of $49,200.
Amendment #2: Tasks in this amendment focus on performing a market-based rent study and on
developing lease policy guidelines. This effort will enhance lease management practices and move
the airport closer to compliance with FAA grant assurances.
Amendment #3: Tasks in this amendment include a targeted marketing effort of airport property,
creation of a web-based property management system, and providing on-going lease management
services. The work of this amendment has the potential to bring significant additional lease income
to the airport.
ANALYSIS:
At the regular meeting of November 19, 2013, the Council considered Amendment No. 1 to the
professional services agreement with Tartaglia Engineering for Property Management Services
related to leases at the Airport. The Council expressed concern as to whether the services to be
provided by Tartaglia under the Agreement and the proposed Amendment required a real estate
broker license.
The City Attorney’s offices reviewed this issue, provided Council and staff a detailed response and
in summary, concluded: “As the Agreement and Amendment No.1 provide only for lease
management services, the property manager will not participate in any activity which would require
a real estate license as a broker or salesperson including, but not necessarily limited to, taking take
part in lease negotiations with tenants or prospective tenants on the city’s behalf. “
In coordination with the City Attorney’s office, a revised Amendment No. 1 to the professional
services agreement with Tartaglia Engineering for Property Management Services related to leases at
the Airport has been prepared and is presented for consideration (“EXHIBIT A”).
FISCAL IMPACT:
Should the City Council approve this request, estimated cost to perform the services in Amendment
No.1, bringing existing Airport Leases current and into compliance, is $24,300. There is sufficient
funding in the FY 2013-14 Budget, Marina Municipal Airport Operations Fund 55, Department 300,
Professional Services - Leasing, Account No. 55.300.65790.
Services provided will be billed on a time and materials basis. Costs will be recorded in the Airport
Operations Fund, Professional Services - Leasing account.
8g(1)
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CONCLUSION:
_____________________________
Jeff Crechriou
Acting Economic Development Manager/
Airport Services Manager
City of Marina
REVIEWED/CONCUR:
_______________________________
Community Development Director
City of Marina
_______________________________
Layne P. Long
City Manager
City of Marina
8g(1)
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RESOLUTION NO. 2013A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING AMENDMENT NO. 1 TO AGREEMENT BETWEEN CITY OF
MARINA AND TARTAGLIA ENGINEERING FOR PROPERTY MANAGEMENT
SERVICES AT MARINA MUNICIPAL AIRPORT AND AUTHORIZING CITY
MANAGER TO EXECUTE AMENDMENT NO. 1ON BEHALF OF CITY
SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY
WHEREAS, the Marina Municipal Airport resides on over 845 acres of former Fort Ord property,
with over 400 acres dedicated to aviation. The City manages the facility, consisting of a runway,
several taxiways, aprons, additional airfield facilities and 54 business and individual leases.
Management of existing lease-sites and facilities represents significant income to the Airport, and;
WHEREAS, at a regular meeting of April 16, 2013, City Council adopted Resolution No. 2013-52,
approving a professional services agreement with Tartaglia Engineering, focused on performing a
lease property analysis for all existing real property leases at the Marina Municipal Airport, and;
WHEREAS, at a regular meeting of November 19, 2013, City Council adopted Resolution No.
2013-172, receiving Marina Municipal Airport lease property status report, and;
WHEREAS, the report identified:
•
•
•
•
•
•
In general, lease holders are performing business activities consistent with the described
business authorized in each lease, and performing the business within the general footprint /
space authorized with each lease.
Most lease insurance documentation is not up to date.
Current annual lease income is $824,200.
Bringing existing leases current with lease adjustment provisions, annual lease income could
increase by $49,200.
Pursuit of lease adjustments in arrears given the (4) year statute of limitation period could
yield $140,000.
If all existing, leasable buildings at the Airport were leased at rates comparable with existing
lease rates, annual lease income could increase to $1,033,300, and;
WHEREAS, the report made recommendations presented in potential Amendments:
Amendment #1: Tasks in this amendment focus on bringing all leases current, pursuing lease
adjustments in arrears, continuing with lease negotiations for tenants lacking leases, securing current
insurance certificates, and reviewing all fees and assessments to assure cost recovery. The work of
this amendment can generate a series of one time payments totaling $140,000 and securing an annual
increase in lease income of $49,200.
Amendment #2: Tasks in this amendment focus on performing a market-based rent study and on
developing lease policy guidelines. This effort will enhance lease management practices and move
the airport closer to compliance with FAA grant assurances.
Amendment #3: Tasks in this amendment include a targeted marketing effort of airport property,
creation of a web-based property management system, and providing on-going lease management
services. The work of this amendment has the potential to bring significant additional lease income
to the airport, and;
8g(1)
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WHEREAS, at the regular meeting of November 19, 2013, the Council considered Amendment
No. 1 to the professional services agreement with Tartaglia Engineering for Property Management
Services related to leases at the Airport. The Council expressed concern as to whether the services
to be provided by Tartaglia under the Agreement and the proposed Amendment required a real
estate broker license, and;
WHEREAS, the City Attorney’s offices reviewed this issue, provided Council and staff a detailed
response and in summary, concluded: “As the Agreement and Amendment No.1 provide only for
lease management services, the property manager will not participate in any activity which would
require a real estate license as a broker or salesperson including, but not necessarily limited to,
taking take part in lease negotiations with tenants or prospective tenants on the city’s behalf.”, and;
WHEREAS, in coordination with the City Attorney’s office, a revised Amendment No. 1 to the
professional services agreement with Tartaglia Engineering for Property Management Services
related to leases at the Airport has been prepared and is presented for consideration (“EXHIBIT
A”), and;
WHEREAS, estimated cost to perform the services in Amendment No.1, bringing existing Airport
Leases current and into compliance, is $24,300. There is sufficient funding in the FY 2013-14 Budget,
Marina Municipal Airport Operations Fund 55, Department 300, Professional Services - Leasing,
Account No. 55.300.65790. Services provided will be billed on a time and materials basis. Costs will
be recorded in the Airport Operations Fund, Professional Services - Leasing account.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby:
1. Approve Amendment No. 1 to Agreement between City of Marina and Tartaglia Engineering for
property management services at Marina Municipal Airport, and;
2. Authorize City Manager to execute Amendment No. 1 on behalf of the City subject to final review
and approval by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on
the 17th day of December 2013, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
ATTEST:
__________________________________
8g(1)
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EXHIBIT A
CITY OF MARINA
AMENDMENT NO. 1 TO
AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS AMENDMENT No. 1 is made and entered into on ____ ___, 2013, by and between
the City of Marina, a California charter city, hereinafter referred to as the "City," and Tartaglia
Engineering, a California sole proprietorship, hereinafter referred to as the "Property Manager."
City and Property Manager are sometimes individually referred to as "party" and collectively as
"parties" in this Amendment.
Recitals
A.
On April 30, 2013, City and Property Manager entered into an Agreement (the
"Agreement") for Property Manager to provide Property Management services related to
leases at the Marina Municipal Airport, hereinafter referred to as the "Project." The services
requested of the Property Manager are specialized and Property Manager is an expert in the
field of airport and aviation operations, businesses, land leasing, financial, and general
redevelopment.
B.
The parties now wish to amend the Agreement to establish and implement additional
Property Management services related to property and leases at the Marina Municipal
Airport with scope of services and compensation to be provided by the Agreement, as
amended.
C.
Property Manager represents and warrants that it continues to have the qualifications,
experience and personnel necessary to properly perform the services as set forth herein.
D.
City desires to retain Property Manager to provide such services.
Amended Terms and Conditions
In consideration of the mutual promises contained herein, City and Property Manager agree
to the following amended terms and conditions:
1.
Scope of Work.
Section 1. (a) of the Agreement is modified by the following addition:
“1.(a-1) The Scope of Services of Exhibit A are expanded to now include the Scope of Services set
forth in Exhibit “A-1” attached hereto (“Scope of Work of Amendment No. 1”) and by this reference made a
part hereof.”
2.
Term of Agreement & Commencement of Work.
“2. (a-1) The term of the Agreement, and for completion of the services identified in Exhibit “A-1”
is hereby extended commencing July 30, 2013 until 120 days from the date first written above, subject to
extensions mutually agreed upon in a prior writing.”
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Section 2 of the Agreement is modified by the following addition:
“(g) No principal or employee of Property Manager will undertake or participate in, or
engage anyone to undertake or participate in, any activity which would require a real estate license
as a broker or salesperson. Item 3 of “Special Project Services” provided by Exhibit A to the
Agreement is hereby deleted.”
3.
Compensation.
“3.(a-1) The City liability for compensation to Property Manager under this Amendment No. 1 for
Services identified in Exhibit “A-1” shall be on a time and materials basis, not to exceed Twenty Four
Thousand, Three Hundred Dollars ($24,300.00) in accordance with the provisions of this Section and the
Rate Schedule included in Exhibit “B” of the Agreement.”
4.
All Other Terms and Conditions.
All other terms and conditions of the Agreement continue unchanged.
IN WITNESS WHEREOF, Property Manager and City by their duly authorized
representatives, have executed this Amendment No. 1 on the dates set forth below at Marina,
California.
CITY OF MARINA
By:
PROPERTY MANAGER
By: ____________________
Layne Long
City Manager
Date: ____________
ATTEST:
Date: ___________
PURSUANT TO RESOLUTION NO. 2013-
By:
Anita Sharp,
Acting Deputy City Clerk
Approved as to form:
By:
City Attorney
Risk Management Approval:
By:
Risk Manager
8g(1)
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EXHIBIT A-1
- SCOPE OF WORK OF AMENDMENT NO. 1 In continuing the Property Management effort, Property Manager proposes to provide and perform the
following services as an amendment to our Agreement.
1. Prepare individual lease documentation regarding compliance with lease requirements and
provisions, lease status, lease adjustments, and insurance requirements for staff distribution to all
airport tenants.
2. Prepare 30-day notices for staff distribution to those tenants in arrears for lease payment, and for
expired insurance certificates.
3. Perform further review of multi-tenant leases to confirm lease holders are being invoiced and are
paying their share of Common Area Maintenance (CAM) fees and Monterey County Water Resource
Agency (MCWRA) fees. Provide documentation for staff distribution to affected tenants.
4. Provide to staff technical documentation in support of lease negotiations with three tenants who are
beyond their lease terms. All three have indicated a desire to stay at Marina.
5. Provide to staff documentation regarding lease adjustments for all existing leases, bringing all
current.
6. Perform rent adjustment calculations for leases that are not current starting at a period four (4) years
previous. Establish total rent-in-arrears amounts. Present to staff. Provide documentation for staff
distribution to affected tenants.
7. Provide to staff documentation to facilitate Finance Department initiating monthly invoicing for all
tenants.
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December 13, 2013
Item No. 8g(2)
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013
- , APPROVING A CONTRACT BETWEEN THE CITY OF
MARINA AND SWCA ENVIRONMENTAL CONSULTANTS OF
SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL
PLANNING SERVICES RELATED TO THE CALIFORNIA
AMERICAN WATER TEMPORARY SLANT TEST WELL
PROJECT; AUTHORIZE CITY MANAGER TO EXECUTE THE
CONTRACT ON BEHALF OF THE CITY, SUBJECT TO FINAL
REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND
AUTHORIZE THE FINANCE DIRECTOR TO MAKE THE
NECESSARY BUDGETARY AND ACCOUNTING ENTRIES
REQUEST:
It is requested that the City Council:
1.
Consider adopting Resolution No. 2013- , approving a contract between
the City of Marina and SWCA Environmental Consultants of San Luis
Obispo California, for environmental planning services related to the
California American Water Temporary Slant Test Well project;
2.
Authorize City Manager to execute the contract on behalf of the City,
subject to final review and approval by the City Attorney; and
3.
accounting entries.
BACKGROUND:
On October 19, 2012, California American Water (Cal Am) submitted an incomplete
application for a Coastal Development Permit for a temporary slant test well for the
Monterey Peninsula Water Supply Project (MPWSP). The data from the test well will be
used to design the MPWSP system.
On November 7, 2012, the City Council adopted Resolution 2012-168, approving a Fee
Agreement between the City of Marina and California American Water for provision of
planning and attorney services related to review and processing of a slant test well project
located at the north-west corner of the Lonestar California, Inc. site, Marina (APN’S 203011-019 & 203-011-001); authorizing the Finance Director to make the appropriate
accounting and budgetary entries, and; authorizing the City Manager to execute the Fee
Agreement on behalf of City subject to final review and approval by the City Attorney.
The Fee Agreement was fully executed on December 14, 2012.
8g(2)
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8g(2)
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On March 12, 2013 California American Water submitted a revised but still incomplete
application for the project, and on July 2, 2013 California American Water submitted a
further revised and complete application for a new, preferred location for the temporary
slant test well within the operational area of the CEMEX Inc. property located in
northwest Marina (APN 203-011-019).
On October 11, 2013, a Contract for Services with SWCA Consultants was fully
executed allowing for services up to $24,999 to be provided. The authorized work,
preparation of an Initial Study for the Cal Am Slant Test Well Project, is complete.
On October 25, 2013, pursuant to the 1986 Settlement Agreement between the Sierra
Club and the City of Marina, staff forwarded a copy of the completed Initial Study to the
Sierra Club Ventana Chapter Attorney with a request for a recommendation as to the
appropriate environmental document for the temporary slant test well, based on the
information provided within the Initial Study.
On November 1, 2013, the Sierra Club Ventana Chapter Attorney responded to the City’s
October 25, 2013 request that the Sierra Club has no objection to the City preparing a
Mitigated Negative Declaration in connection with the project.
On November 5, 2013, the City Council adopted Resolution No. 2013-161 approving a
contract between the City of Marina and SWCA Environmental Consultants of San Luis
Obispo California for environmental planning services related to the California American
Water Temporary Slant Test Well project, for the preparation of six technical studies, in
an amount not to exceed $115,263. The preparation of the technical studies is underway.
The studies will be used to support the preparation of the environmental document.
ANALYSIS:
Pursuant to Section 5.200, Environmental Manager of the CEQA Implementation
Policies and Procedures, the Community Development Director, based on the Initial
Study, in consultation with the City’s CEQA Attorney and considering the Sierra Club
response anticipates that a Mitigated Negative Declaration will likely be prepared for the
project. Although environmental analysis has not yet been completed, this assumption
has been based on the best evidence available at this time, and is the premise for the
Scope of Work and used for cost estimating purposes. The determination will be based
on the outcome of the six technical studies currently being prepared and the ability to
mitigate any potential significant effects. Should any significant environmental impacts
be identified during preparation of the environmental documents, the consultants will
immediately notify the City and discuss the appropriate strategy for proceeding.
In addition to preparation of the MND, the contract also addresses the requirements of the
National Environmental Policy Act (NEPA) and will likely include preparation of an
Environmental Assessment (EA) and Finding of No Significant Impact (FONSI). This
will be accomplished through the creation of a separate document prepared by SWCA in
coordination with the Monterey Bay National Marine Sanctuary under the National
Oceanographic and Atmospheric Administration (NOAA), which is serving as lead
8g(2)
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8g(2)
Page 2
agency for federal government on the slant test well. The simultaneous preparation of the
state and federal environmental documents eliminates duplication of technical studies,
ensures consistency between documents, reduces costs and timelines and streamlines the
processes overall.
Upon the advice of the City Attorney, a new Contract for Services, rather than an
amendment to the existing contract, has been prepared (“EXHIBIT A”). The Scope of
Services (“EXHIBIT B”) describes the services to be provided. The Budget
(“EXHIBIT C”) outlines a total contract cost of services at $116,841.
FISCAL IMPACT:
This contract, if approved, is funded by the applicant, with revenues and expenditures to
be recorded in into FY 2013-14 General Fund Deposit Account No. 11.161.56310.4004
and FY 2013-14 General Fund Expenditure Account No. 11.161.65890.4004.
The table below summarizes the estimated project costs for services to be provided by
SWCA Consultants.
Estimated Total
Contract 1
$24,999
Amendment 1 to Contract 1
$115,263
Contract 2
$116,841
Estimated Total SWCA contract to be funded by $257,103
applicant (figures subject to finalization)
Comments
Complete
In progress
Per this staff report.
The FY 2013-14 Budget will be amended accordingly.
CONCLUSION:
____________________________
Theresa Szymanis, AICP
Planning Services Manager
City of Marina
REVIEW AND CONCUR:
_____________________________
Community Development Director
City of Marina
8g(2)
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8g(2)
Page 3
_____________________________
Layne P. Long
City Manager
City of Marina
8g(2)
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8g(2)
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RESOLUTION NO. 2013A RESOLUTION OF THE CITY OF MARINA CITY COUNCIL CITY
APPROVING A CONTRACT BETWEEN THE CITY OF MARINA
AND SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS
OBISPO, CALIFORNIA, FOR ENVIRONMENTAL PLANNING
SERVICES RELATED TO THE CALIFORNIA AMERICAN WATER
TEMPORARY SLANT TEST WELL PROJECT; AUTHORIZE CITY
MANAGER TO EXECUTE THE CONTRACT ON BEHALF OF THE
CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE
CITY ATTORNEY; AND AUTHORIZE THE FINANCE DIRECTOR
TO MAKE THE NECESSARY BUDGETARY AND ACCOUNTING
ENTRIES
WHEREAS, on October 19, 2012, California American Water (Cal Am) submitted an
incomplete application for a Coastal Development Permit for a temporary slant test well
for the Monterey Peninsula Water Supply Project (MPWSP), and;
WHEREAS, on November 7, 2012, the City Council adopted Resolution 2012-168,
approving a Fee Agreement between the City of Marina and California American Water
for provision of planning and attorney services related to review and processing of a slant
test well project located at the north-west corner of the Lonestar California, Inc. site,
Marina (APN’S 203-011-019 & 203-011-001); authorizing the Finance Director to make
the appropriate accounting and budgetary entries, and; authorizing the City Manager to
execute the Fee Agreement on behalf of City subject to final review and approval by the
City Attorney, and;
WHEREAS, the Fee Agreement was fully executed on December 14, 2012, and;
WHEREAS, on March 12, 2013 California American Water submitted a revised but still
incomplete application for the project, and on July 2, 2013 California American Water
submitted a further revised and complete application for a new, preferred location for the
temporary slant test well within the operational area of the CEMEX Inc. property located
in northwest Marina (APN 203-011-019), and;
WHEREAS, on October 11, 2013, a Contract for Services with SWCA Consultants was
fully executed allowing for services up to $24,999 to be provided, and the authorized
work, preparation of an Initial Study for the Cal Am Slant Test Well Project, is complete,
and;
WHEREAS, on October 25, 2013, pursuant to the 1986 Settlement Agreement between
the Sierra Club and the City of Marina, staff forwarded a copy of the completed Initial
Study to the Sierra Club Ventana Chapter Attorney with a request for a recommendation
as to the appropriate environmental document for the temporary slant test well, based on
the information provided within the Initial Study, and;
8g(2)
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8g(2)
Page 5
Resolution No. 2013Page 2.
WHEREAS, on November 1, 2013, the Sierra Club Ventana Chapter Attorney responded
to the City’s October 25, 2013 request that the Sierra Club has no objection to the City
preparing a Mitigated Negative Declaration in connection with the project, and;
WHEREAS, on November 5, 2013, the City Council adopted Resolution No. 2013-161
approving a contract between the City of Marina and SWCA Environmental Consultants
of San Luis Obispo California for environmental planning services related to the
California American Water Temporary Slant Test Well project, for the preparation of six
technical studies, in an amount not to exceed $115,263, and;
WHEREAS, pursuant to Section 5.200, Environmental Manager of the CEQA
Implementation Policies and Procedures, the Community Development Director, based
on the Initial Study, in consultation with the City’s CEQA Attorney and considering the
Sierra Club response anticipates that a Mitigated Negative Declaration will likely be
prepared for the project. The decision will be based on the outcome of the six technical
studies currently being prepared and the ability to mitigate any potential significant
effects, and;
WHEREAS, in addition to preparation of the MND, the contract also addresses the
requirements of the National Environmental Policy Act (NEPA) and will likely include
preparation of an Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) to be accomplished through the creation of a separate document prepared by
SWCA in coordination with the Monterey Bay National Marine Sanctuary under the
National Oceanographic and Atmospheric Administration (NOAA), and;
WHEREAS, a Contract for Services has been prepared (“EXHIBIT A”), and;
WHEREAS, the Scope of Services (“EXHIBIT B”) describes the services to be
provided. The Budget (“EXHIBIT C”) outlines a total contract cost of services at
$116,841, and;
WHEREAS, this contract, if approved, is funded by the applicant, with revenues and
expenditures to be recorded in into FY 2013-14 General Fund Deposit Account No.
11.161.56310.4004 and FY 2013-14 General Fund Expenditure Account No.
11.161.65890.4004 and the FY 2013-14 Budget will be amended accordingly.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina
does hereby:
1.
8g(2)
Approve a contract between the City of Marina and SWCA Environmental
Consultants of San Luis Obispo California, for environmental planning services
related to the California American Water Temporary Slant Test Well project;
Page 6
8g(2)
Page 6
Resolution No. 2013Page 3.
2.
Authorize City Manager to execute the contract on behalf of the City, subject to
final review and approval by the City Attorney; and
3.
Authorize the Finance Director to make the necessary budgetary and accounting
entries.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular
meeting duly held on December 17, 2013 by the following vote:
________________________
ATTEST:
___________________________________
8g(2)
Page 7
8g(2)
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“EXHIBIT A”
CITY OF MARINA
AGREEMENT FOR PLANNING CONSULTING SERVICES RELATED TO
PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR THE CAL AM
SLANT TEST WELL PROJECT
THIS AGREEMENT is made and entered into on January ____, 2014, by and
between the City of Marina, a California charter city, hereinafter referred to as the "City",
and SWCA Environmental Consultants, a California corporation hereinafter referred to as
the "Contractor". City and Contractor are sometimes individually referred to as "party"
and collectively as "parties" in this Agreement.
Recitals
A.
City desires to retain Contractor to prepare a Mitigated Negative Declaration
pursuant to the California Environmental Quality Act and an Environmental
Assessment pursuant to the National Environmental Policy Act for the
California American Water Temporary Slant Test Well Project, hereinafter
referred to as the “Project.”
B.
Contractor represents and warrants that it has the qualifications, experience
and personnel necessary to properly perform the services as set forth herein.
C.
City desires to retain Contractor to provide such services.
Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged and in consideration of the mutual promises contained herein, City
and Contractor agree to the following terms and conditions:
1.
Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative
manner with the City to fully and adequately perform those services set forth in Exhibit
“A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With
prior written notice to Contractor, City may elect to delete certain tasks of the Scope of
Work at its sole discretion.
(b) Contractor shall perform all such work with skill and diligence and pursuant to
generally accepted standards of practice in effect at the time of performance. Contractor
8g(2)
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8g(2)
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shall provide corrective services without charge to the City for work which fails to meet
these standards and which is reported to Contractor in writing within sixty days of
discovery. Should Contractor fail or refuse to perform promptly its obligations under this
Agreement, the City may render or undertake the performance thereof and the Contractor
shall be liable for any expenses thereby incurred.
(c) If services under this Agreement are to be performed by a design professional,
as that term is defined in California Civil Code §2782.8(b)(2), design professional
certifies that all design professional services shall be provided by a person or persons
duly licensed by the State of California to provide the type of services described in
Section 1(a). By delivery of completed work, design professional certifies that the work
conforms to the requirements of this Agreement and all applicable federal, state and local
laws, and the professional standard of care in California.
(d) Contractor is responsible for making an independent evaluation and judgment
of all relevant conditions affecting performance of the work, including without limitation
site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic,
climatic conditions, applicable federal, state and local laws and regulations and all other
contingencies or considerations.
(e) City shall cooperate with Contractor and will furnish all information data,
records and reports existing and available to City to enable Contractor to carry out work
outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information,
data, records and reports furnished by the City, however, the City makes no warranty as
to the accuracy or completeness of any such information, data, records or reports
available to it and provided to Contractor which were furnished to the City by a third
party. Contractor shall have a duty to bring to the City's attention any deficiency or error
it may discover in any information provided to the Contractor by the City or a third party.
2.
Term of Agreement & Commencement of Work.
(a) Unless otherwise provided, the term of this Agreement shall begin on the date
of execution of the contract and shall continue until completion of the project or upon 30days prior written notice to terminate is given by either party or the Agreement is
terminated earlier as provide herein. The date of full execution is defined as the date
when all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the
board, officer or employee authorized to give such approval, and;
(ii) The office of the City Attorney has indicated in writing its approval of
this Agreement as to form, and;
(iii) This Agreement has been signed on behalf of Contractor by the
person or persons authorized to bind the Contractor hereto, and;
8g(2)
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8g(2)
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(iv) This Agreement has been signed on behalf of the City by the person
designated to so sign by the City's Council or by the officer or employee authorized to
enter into this Contract and is attested to by the Marina City Clerk.
(b) Contractor shall commence work on the Project on or by December 1, 2013.
This Agreement may be extended upon written agreement of both parties. Contractor
may be required to prepare a written schedule for the work to be performed, which
schedule shall be approved by the City and made a part of Exhibit “A”, and to perform
the work in accordance with the approved schedule.
3.
Compensation.
(a) City liability for compensation (including but not limited to compensation for
services, extra work, or anything else that might require additional monies) to Contractor
under this Agreement shall only be to the extent of the present appropriation to fund this
Agreement (to the extent of the appropriation by Cal Am to fund all costs of City’s
processing of the Cal Am Slant Test Well Application). For services to be provided
under this Agreement City shall compensate Contractor in an amount not to exceed One
Hundred Sixteen Thousand, Eight Hundred Forty One Dollars ($116,841.00) in
accordance with the provisions of this Section and the Fee Schedule attached hereto
(Exhibit “A”) and incorporated herein by this reference.
(b) Invoice(s) in a format and on a schedule acceptable to the City shall be
submitted to and be reviewed and verified by the Project Administrator (see Section 5(a))
and forwarded to the City's Finance Department for payment. City shall notify
Contractor of exceptions or disputed items and their dollar value within fifteen days of
receipt. Payment of the undisputed amount of the invoice will typically be made
approximately thirty days after the invoice is submitted to the Finance Department.
(c) Contractor will maintain clearly identifiable, complete and accurate records
with respect to all costs incurred under this Agreement on an industry recognized
accounting basis. Contractor shall make available to the representative of City all such
books and records related to this Agreement, and the right to examine, copy and audit the
same during regular business hours upon 24-hour's notice for a period of four years from
the date of final payment under this Agreement.
(d) Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the City to be necessary for the proper completion of the Project but which
is not included within the Scope of Work and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with Exhibit “A”.
(e) Expenses not otherwise addressed in the Scope of Services or the Fee
Schedule incurred by Contractor in performing services under this Agreement shall be
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reviewed and approved in advance by the Project Administrator (Section 5(a)), be
charged at cost and reimbursed to Contractor.
(f) There shall be no charge for transportation within Monterey, Santa Cruz and
San Benito Counties required for the performance of the services under this Agreement;
travel to other locations must be approved in writing and in advance by the City, mileage
will be charged at the then current standard rate for business travel as set by the U.S.
Internal Revenue Service for such approved travel.
4.
Termination or Suspension.
(a) This Agreement may be terminated in whole or in part in writing by either
party in the event of a substantial failure by the other party to fulfill its obligations under
this Agreement through no fault of the terminating party, provided that no termination
may be effected unless the other party is given (1) not less than ten days written notice of
intent to terminate, and (2) provided an opportunity for consultation with the terminating
party prior to termination.
(b) If termination for default is effected by the City, an equitable adjustment in the
price provided for in this Agreement shall be made, but (1) no amount shall be allowed
for anticipated profit on unperformed services or other work, and (2) any payment due
the Contractor at the time of termination may be adjusted to cover any additional costs to
the City because of the Contractor's default. If after the termination for failure of
Contractor to fulfill its contractual obligations, it is determined that the Contractor had
not failed to fulfill contractual obligations, the termination shall be deemed to have been
for the convenience of the City.
(c) The City may terminate or suspend this Agreement at any time for its
convenience upon not less than thirty days prior written notice to Contractor. Not later
than the effective date of such termination or suspension, Contractor shall discontinue all
affected work and deliver all work product and other documents, whether completed or in
progress, to the City.
(d) If termination for default is effected by the Contractor or if termination for
convenience is effected by the City, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for termination
shall provide for payment to the Contractor for services rendered and expenses incurred
prior to the termination, in addition to termination settlement costs reasonably incurred
by Contractor relating to written commitments that were executed prior to the
termination.
5.
Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator, Theresa Szymanis, Planning
Services Manager, who shall have the authority to act for the City under this Agreement.
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The Project Administrator or his/her authorized representative shall represent the City in
all matters pertaining to the work to be performed pursuant to this Agreement.
(b) Contractor designates Emily Creel as its Project Manager who shall
coordinate all phases of the Project. The Project Manager shall be available to City at all
reasonable times during the Agreement term.
(c) Contractor warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement. Contractor, at
the sole discretion of City, shall remove from the Project any of its personnel assigned to
the performance of services upon written request of City. Contractor has represented to
City that certain key personnel will perform and coordinate the work under this
Agreement. Should one or more of such personnel become unavailable, Contractor may
substitute other personnel of at least equal competence upon written approval of the City.
In the event that City and Contractor cannot agree as to the substitution of key personnel,
City shall be entitled to terminate this Agreement for cause.
6.
Delegation of Work.
(a) If Contractor utilizes any subcontractors, consultants, persons, employees or
firms having applicable expertise to assist Contractor in performing the services under
this Agreement, Contractor shall obtain City's prior written approval to such employment.
Contractor's contract with any subcontractor shall contain a provision making the
subcontract subject to all provisions of this Agreement. Contractor will be fully
responsible and liable for the administration, completion, presentation and quality of all
work performed. If such persons are utilized, they shall be charged at cost. City reserves
its right to employ other contractors in connection with this Project.
(b) If the work hereunder is performed by a design professional, design
professional shall be directly involved with performing the work or shall work through
his, her or its employees. The design professional's responsibilities under this Agreement
shall not be delegated. The design professional shall be responsible to the City for acts,
errors or omissions of his, her or its subcontractors. Negligence of subcontractors or
agents retained by the design professional is conclusively deemed to be the negligence of
the design professional if not adequately corrected by the design professional. Use of the
term subcontractor in any other provision of this Agreement shall not be construed to
imply authorization for a design professional to use subcontractors for performance of
any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor
for purposes of establishing a duty of care between the subcontractor and the City.
7.
Skill of Employees. Contractor shall ensure that any employees or agents
providing services under this Agreement possess the requisite skill, training and
experience to properly perform such services.
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8.
Confidential and Proprietary Information. In the course of performing
services under this Agreement Contractor may obtain, receive, and review confidential or
proprietary documents, information or materials that are and shall remain the exclusive
property of the City. Should Contractor undertake the work on behalf of other agencies,
entities, firms or persons relating to the matters described in the Scope of Work, it is
expressly agreed by Contractor that any such confidential or proprietary information or
materials shall not be provided or disclosed in any manner to any of Contractor’s other
clients, or to any other third party, without the City’s prior express written consent.
9.
Ownership of Data. Unless otherwise provided for herein, all documents,
material, data, drawings, plans, specifications, computer data files, basis for design
calculations, engineering notes, and reports originated and prepared by Contractor, or any
subcontractor of any tier, under this Agreement shall be and remain the property of the
City for its use in any manner it deems appropriate. Contractor agrees that all copyrights
which arise from creation of the work pursuant to this Agreement shall be vested in the
City and waives and relinquishes all claims to copyright or intellectual property rights in
favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited
items, except for the computer data files which shall consist of one (1) set. Contractor
shall use all reasonable efforts to ensure that any electronic files provided to the City will
be compatible with the City's computer hardware and software. Contractor makes no
representation as to long-term compatibility, usability or readability of the format
resulting from the use of software application packages, operating systems or computer
hardware differing from those in use by the City at the commencement of this
Agreement. Contractor shall be permitted to maintain copies of all such data for its files.
City acknowledges that its use of the work product is limited to the purposes
contemplated by the Scope of Work and, should City use these products or data in
connection with additions to the work required under this Agreement or for new work
without consultation with and without additional compensation to Contractor, Contractor
makes no representation as to the suitability of the work product for use in or application
to circumstances not contemplated by the Scope of Work and shall have no liability or
responsibility whatsoever in connection with such use which shall be at the City's sole
risk. Any and all liability arising out of changes made by the City to Contractor's
deliverables is waived against Contractor unless City has given Contractor prior written
notice of the changes and has received Contractor's written consent to such changes.
10.
Conflict of Interest.
(a) Contractor covenants that neither it, nor any officer or principal of its firm has
or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of the City or which would in any way hinder Contractor’s performance
of services under this Agreement. Contractor further covenants that in the performance
of this Agreement, no person having any such interest shall be employed by it as an
officer, employee, agent or subcontractor without the express written consent of the City
Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of the City in the performance of this
Agreement. Contractor shall represent the interest of the City in any discussion or
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negotiation with business owners, citizen’s groups, workshop participants or the general
public, and as such, may not accept compensation, commission or payment of any type
from any such party or such party’s agent.
(b) City understands and acknowledges that Contractor may be, as of the date of
commencement of services under this Agreement, independently involved in the
performance of non-related services for other governmental agencies and private parties.
Contractor is unaware of any stated position of the City relative to such projects. Any
future position of the City on such projects may result in a conflict of interest for
purposes of this section.
(c) No official or employee of the City who is authorized in such capacity on
behalf of the City to negotiate, make, accept, or approve, or take part in negotiating,
making accepting or approving this Agreement, during the term of his or her tenure or
service with City and for one year thereafter, shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof or obtain any present or anticipated material
benefit arising therefrom.
11.
Disclosure. Contractor may be subject to the appropriate disclosure requirements
of the California Fair Political Practices Act, as determined by the City Manager.
12.
Non-Discrimination.
(a) During the performance of this Agreement the Contractor shall comply with
the applicable nondiscrimination and affirmative action provisions of the laws of the
United States of America, the State of California and the City. In performing this
Agreement, Contractor shall not discriminate, harass, or allow harassment, against any
employee or applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, physical disability (including HIV and AIDS), medical condition
(including cancer), age, marital status, denial of family and medical care leave and denial
of pregnancy disability leave. Contractor shall give written notice of its obligations under
this clause to labor organizations with which it has a collective bargaining or other
agreement.
(b) Contractor shall include the nondiscrimination and compliance provisions of
this Section in all subcontracts.
13.
Indemnification & Hold Harmless.
(a) Other than in the performance of professional services by a design
professional, which shall be solely as addressed by subsection (b) below, and to the full
extent permitted by law, Contractor shall indemnify, defend (with independent counsel
reasonably acceptable to the City) and hold harmless City, its Council, boards,
commissions, employees, officials and agents ("Indemnified Parties" or in the singular
"Indemnified Party") from and against any claims, losses, damages, penalties, fines and
judgments, associated investigation and administrative expenses, and defense costs
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including but not limited to reasonable attorneys fees, court costs, expert witness fees
and costs of alternate dispute resolution (collectively "Liabilities”), where same arise out
of the performance of this Agreement by Contractor, its officers, employees, agents and
sub-contractors, excepting only that resulting from the sole negligence, active negligence
or willful misconduct of City, its employees, officials, or agents.
(b) To the fullest extent permitted by law (including without limitation California
Civil Code Sections 2782.8), when the services to be provided under this Agreement are
design professional services to be performed by a design professional, as that term is
defined under said section 2782.8, Contractor shall indemnify, protect, defend (with
independent counsel reasonably acceptable to the City) and hold harmless City and any
Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the
acts or omissions of an officer, employee, agent or subcontractor of the Contractor,
excepting only liability arising from the sole negligence, active negligence or willful
misconduct of City.
(c) All obligations under this section are to be paid by Contractor as incurred by
City. The provisions of this Section are not limited by the provisions of sections relating
to insurance including provisions of any worker's compensation act or similar act.
Contractor expressly waives its statutory immunity under such statues or laws as to City,
its employees and officials. Contractor agrees to obtain executed indemnity agreements
with provisions identical to those set forth here in this section from each and every
subcontractor, sub tier contractor or any other person or entity involved by, for, with or
on behalf of Contractor in the performance or subject matter of this Agreement. In the
event Contractor fails to obtain such indemnity obligations from others as required here,
Contractor agrees to be fully responsible according to the terms of this section. Failure of
City to monitor compliance with these requirements imposes no additional obligations on
City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Party by reason
of any of the matters against which the Contractor has agreed to defend the Indemnified
Party, as provided above, Contractor, upon notice from the City, shall defend any
Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City.
An Indemnified Party need not have first paid for any of the matters to which it is entitled
to indemnification in order to be so defended.
(e) This obligation to indemnify and defend City, as set forth herein, is binding on
the successors, assigns, or heirs of Contractor and shall survive the termination of this
Agreement or this Section.
14.
Insurance.
(a) As a condition precedent to the effectiveness of this Agreement and without
limiting Contractor's indemnification of the City, Contractor agrees to obtain and
maintain in full force and effect at its own expense the insurance policies set forth in
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Exhibit “B” “Insurance” attached hereto and made a part hereof. Contractor shall furnish
the City with original certificates of insurance, manually autographed in ink by a person
authorized by that insurer to bind coverage on its behalf, along with copies of all required
endorsements. All certificates and endorsements must be received and approved by the
City before any work commences. All insurance policies shall be subject to approval by
the City Attorney and Risk Manager as to form and content. Specifically, such insurance
shall: (1) protect City as an additional insured for commercial general and business auto
liability; (2) provide City at least thirty days written notice of cancellation, material
reduction in coverage or reduction in limits and ten days written notice for non-payment
of premium; and (3) be primary with respect to City's insurance program. Contractor's
insurance is not expected to respond to claims that may arise from the acts or omissions
of the City.
(b) City reserves the right at any time during the term of this Agreement to change
the amounts and types of insurance required herein by giving Contractor ninety days
advance written notice of such change. If such change should result in substantial
additional cost of the Contractor, City agrees to negotiate additional compensation
proportional to the increased benefit to City.
(c) All required insurance must be submitted and approved the City Attorney and
Risk Manager prior to the inception of any operations by Contractor.
(d) The required coverage and limits are subject to availability on the open market
at reasonable cost as determined by the City. Non availability or non affordability must
be documented by a letter from Contractor's insurance broker or agency indicating a good
faith effort to place the required insurance and showing as a minimum the names of the
insurance carriers and the declinations or quotations received from each. Within the
foregoing constraints, Contractor's failure to procure or maintain required insurance
during the entire term of this Agreement shall constitute a material breach of this
Agreement under which City may immediately suspend or terminate this Agreement or,
at its discretion, procure or renew such insurance to protect City's interests and pay any
and all premium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreement, Contractor hereby certifies that it is aware of the
provisions of Section 3700 et seq., of the Labor Code which require every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provision of that Code, and that it will comply with such provisions
at all such times as they may apply during the performance of the work pursuant to this
Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is
required.
15.
Independent Contractor. The parties agree that Contractor, its officers,
employees and agents, if any, shall be independent contractors with regard to the
providing of services under this Agreement, and that Contractor's employees or agents
shall not be considered to be employees or agents of the City for any purpose and will not
be entitled to any of the benefits City provides for its employees. City shall make no
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deductions for payroll taxes or Social Security from amounts due Contractor for work or
services provided under this Agreement.
16.
Claims for Labor and Materials. Contractor shall promptly pay when due all
amounts payable for labor and materials furnished in the performance of this Agreement,
so as to prevent any lien or other claim under any provision of law from arising against
any City property (including reports, documents, and other tangible matter produced by
the Contractor hereunder), against the Contractor's rights to payments hereunder, or
against the City, and shall pay all amounts due under the Unemployment Insurance Act
with respect to such labor.
17.
Discounts. Contractor agrees to offer the City any discount terms that are offered
to its best customers for the goods and services to be provided herein, and apply such
discounts to payment made under this Agreement, which meet the discount terms.
18.
Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
19.
Dispute Resolution. If any dispute arises between the parties as to proper
interpretation or application of this Agreement, the parties shall first meet and confer in a
good faith attempt to resolve the matter between themselves. If the dispute is not
resolved by meeting and conferring, the matter shall be submitted for formal mediation to
a mediator selected mutually by the parties. The expenses of such mediation shall be
shared equally between the parties. If the dispute is not or cannot be resolved by
mediation, the parties may mutually agree (but only as to those issues of the matter not
resolved by mediation) to submit their dispute to arbitration. Before commencement of
the arbitration, the parties may elect to have the arbitration proceed on an informal basis;
however, if the parties are unable so to agree, then the arbitration shall be conducted in
accordance with the rules of the American Arbitration Association. The decision of the
arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s
written decision, any party files an action in court. Venue and jurisdiction for any such
action between the parties shall lie in the Superior Court for the County of Monterey.
20.
Compliance With Laws.
(a) Each party's performance hereunder shall comply with all applicable laws of
the United States of America, the State of California and the City including but not
limited to laws regarding health and safety, labor and employment, wage and hours and
licensing laws which affect employees. This Agreement shall be governed by, enforced
and interpreted under the laws of the State of California. Contractor shall comply with
new, amended or revised laws, regulations or procedures that apply to the performance of
this Agreement.
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(b) If the Project is a "public work," or prevailing wages are otherwise required,
Contractor shall comply with all provision of California Labor Code section 1720 et seq.,
as applicable, and laws dealing with prevailing wages, apprentices and hours of work.
(c) Contractor represents that it has obtained and presently holds all permits and
licenses necessary for performance hereunder, including a Business License required by
the City's Business License Ordinance. For the term covered by this Agreement, the
Contractor shall maintain or obtain as necessary, such permits and licenses and shall not
allow them to lapse, be revoked or suspended.
21.
Assignment or Transfer. This Agreement or any interest herein may not be
assigned, hypothecated or transferred, either directly or by operation of law, without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer.
22.
Notices. All notices required or permitted to be given under this Agreement shall
be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail,
postage prepaid with return receipt requested, addressed as follows:
To City:
City Manager
City of Marina City Hall
Marina, California 93933
Fax: (831) 384-9148
To Contractor:
Bill Henry
Office Director
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, CA 93401
Fax (805) 543-2367
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service.
A copy of any notice sent as provided herein shall also be delivered to the Project
Administrator and Project Manager.
23.
Amendments, Changes or Modifications. This Agreement is not subject to
amendment, change or modification except by a writing signed by the authorized
representatives of City and Contractor.
24.
Force Majeure. Notwithstanding any other provisions hereof, neither Contractor
nor City shall be held responsible or liable for failure to meet their respective obligations
under this Agreement if such failure shall be due to causes beyond Contractor's or the
City's control. Such causes include but are not limited to: strike, fire, flood, civil
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disorder, act of God or of the public enemy, act of the federal government, or any unit of
state of local government in either sovereign or contractual capacity, epidemic,
quarantine restriction, or delay in transportation to the extent that they are not caused by
the party's willful or negligent acts or omissions, and to the extent that they are beyond
the party's reasonable control.
25.
Attorney's Fees. In the event of any controversy, claim or dispute relating to this
Agreement, or the breach thereof, the prevailing party shall be entitled to recover from
the losing party reasonable expenses, attorney's fees and costs.
26.
Successors and Assigns. All of the terms, conditions and provisions of this
Agreement shall apply to and bind the respective heirs, executors, administrators,
successors, and assigns of the parties. Nothing in this paragraph is intended to affect the
limitation on assignment.
27.
Authority to Enter Agreement. Contractor has all requisite power and authority
to conduct its business and to execute, deliver and perform the Agreement. Each party
warrants that the individuals who have signed this Agreement have the legal power, right
and authority to make this Agreement and bind each respective party.
28.
Waiver. A waiver of a default of any term of this Agreement shall not be
construed as a waiver of any succeeding default or as a waiver of the provision itself. A
party's performance after the other party's default shall not be construed as a waiver of
that default.
29.
Severability. Should any portion of this Agreement be determined to be void or
unenforceable, such shall be severed from the whole and the Agreement will continue as
modified.
30.
Construction, References, Captions. Since the parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any
party. Any term referencing time, days or period for performance shall be deemed
calendar days and not workdays. The captions of the various sections are for convenience
and ease of reference only, and do not define, limit, augment or describe the scope,
content or intent of this Agreement.
31.
Advice of Counsel. The parties agree that they are aware that they have the right
to be advised by counsel with respect to the negotiations, terms and conditions of this
Agreement, and that the decision of whether or not to seek the advice of counsel with
respect to this Agreement is a decision which is the sole responsibility of each of the
parties hereto. This Agreement shall not be construed in favor or against either party by
reason of the extent to which each party participated in the drafting of this Agreement.
32.
Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
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33.
Time. Time is of the essence in this contract.
34.
Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters as set forth in this Agreement, and no other agreement,
statement or promise made by or to any party or by or to any employee, officer or agent
of any party, which is not contained in this Agreement shall be binding or valid.
IN WITNESS WHEREOF, Contractor and the City by their duly authorized
representatives, have executed this Agreement, on the date first set forth above, at
Marina, California.
CITY OF MARINA
CONTRACTOR
By:
________________________
Name: Layne P Long
Its:
City Manager
Date: ________________________
By:
_________________________
Name: Bill Henry
Its:
Office Director
Date: ___________________
Attest: Pursuant to Resolution No. 2013-
By:
________________________
Anita Shepherd Sharp, Acting Deputy City Clerk
Approved as to form:
By:
City Attorney
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Exhibit “B” - Insurance
Contractor agrees to provide insurance in accordance with the requirements set forth
herein. If Contractor uses existing coverage to comply with these requirements and that
coverage does not meet the requirements set forth herein, Contractor agrees to amend,
supplement or endorse the existing coverage to do so. Contractor shall furnish the City
with original certificates of insurance, manually autographed in ink by a person
authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be received and approved by the City before any work commences.
The City reserves its right to require complete, certified copies of all required insurance
policies at any time. The following coverage will be provided by Contractor and
maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability (primary). Commercial general liability insurance
covering Contractor's operations (and products where applicable) is required whenever
the City is at risk of third party claims which may arise out of Contractor's work or
presence on City premises. Contractual liability coverage is a required inclusion in this
insurance.
Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on
an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10
01 and approved in advance by the City Attorney and Risk Manager. Total limits shall
be no less than one million dollars ($1,000,000) combined single limit per occurrence for
all coverages. If commercial general liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Project or the general aggregate limit shall be two million dollars ($2,000,000).
Contractor must give written notice to the City of any pending claim, action or lawsuit
which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor
shall be required, prior to commencing work under this Agreement, to restore the
impaired aggregate or prove it has replacement insurance protection to the satisfaction of
the City Attorney and Risk Manager.
City, its Council, boards and commissions, officers, employees, agents and volunteers
shall be added as additional insureds using ISO additional insured endorsement form CG
20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a
primary, non-contributing basis in relation to any other insurance or self-insurance,
primary or excess, available to the City or any agent of City. Coverage is not expected to
respond to the claims which may arise from the acts or omissions of the City. Coverage
shall not be limited to the vicarious liability or supervisory role of any additional insured.
Coverage shall contain no contractors' limitation endorsement. There shall be no
endorsement or modification limiting the scope of coverage for liability arising from
pollution, explosion, collapse, underground property damage or employment-related
practices.
Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to
bodily injury/property damage, personal injury/advertising injury, at a minimum, and
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shall include a “drop down” provision providing primary coverage above a maximum
$25,000 self-insured retention for liability not covered by primary policies but covered by
the umbrella policy. Coverage shall be following form to any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in
addition to policy limits. There shall be no cross liability exclusion and no contractor's
limitation endorsement. Policies limits shall be not less than one million dollars
($1,000,000) per occurrence and in the aggregate, above any limits required in the
underlying policies shall have starting and ending dates concurrent with the underlying
coverage.
Business Auto. Automobile liability insurance is required where vehicles are used in
performing the work under this Agreement or where vehicles are driven off-road on City
premises, it is not required for simple commuting unless City is paying mileage.
However, compliance with California law requiring auto liability insurance is a
contractual requirement.
If automobile insurance is required for work under this Agreement, primary coverage
shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol
1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA
00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be
endorsed to stated that the City, its Council, boards and commissions, officers,
employees, agents and volunteers shall be added as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased,
hired or borrowed by the Contractor or for which the Contractor is responsible. Limits
shall be no less than one million dollars ($1,000,000) combined single limit per accident
for bodily injury and property damage. Starting and ending dates shall be concurrent. If
Contractor owns no autos, a non-owned auto endorsement to the commercial general
liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability.
Workers' Compensation and
Employer's Liability insurance are not required for single-person contractors. However,
under California law these coverages (or a copy of the State's Consent to Self-Insure)
must be provided if Contractor has any employees at any time during the period of this
Agreement. Policy(s) shall be written on a policy form providing workers’ compensation
statutory benefits as required by law. Employers’ liability limits shall be no less than one
million dollars ($1,000,000) per accident or disease and shall be scheduled under any
umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to
waive any right of subrogation as respects the City, its Council, boards and commissions,
officers, employees, agents and volunteers.
Property Insurance. Property insurance, in a form and amount approved by the City
Attorney and Risk Manager, is required for Contractors having exclusive use of premises
or equipment owned or controlled by the City. City is to be named a Loss Payee As Its
Interest May Appear in property insurance in which the City has an interest, e.g., as a lien
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holder. Fire damage legal liability is required for persons occupying a portion of City
premises.
Errors and Omissions/Professional Liability. Errors and Omissions or professional
liability coverage appropriate to Contractor's profession, in a form and amount approved
by the City Attorney and Risk Manager, will be specified on a project-by-project basis if
Contractor is working as a licensed professional. Contractor shall maintain such
insurance for a period of five years following completion of the project. Such insurance
shall be in an amount of not less than one million dollars ($1,000,000) per claim and in
annual aggregate. Design professionals shall maintain such insurance in place until the
expiration of the warranty period of the Project.
Contractor and City further agree as follows:
a) This Exhibit supersedes all other sections and provisions of this Agreement to
the extent that any other section or provision conflicts with or impairs the provisions of
this Exhibit.
b) Nothing contained in this Exhibit is to be construed as affecting or altering the
legal status of the parties to this Agreement. The insurance requirements set forth in this
Exhibit are intended to be separate and distinct from any other provision in this
Agreement and shall be interpreted as such.
c) All insurance coverage and limits provided pursuant to this Agreement shall
apply to the full extent of the policies involved, available or applicable. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
limits the application of such insurance coverage.
d) Requirements of specific coverage features or limits contained in this Exhibit
are not intended as a limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only and is not intended by any party to
be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or toward performance of this Agreement.
f) All general or auto liability insurance coverage provided pursuant to this
Agreement, or any other agreements pertaining to the performance of this Agreement,
shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of
subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the
City.
g) Unless otherwise approved by City, Contractor’s insurance shall be written by
insurers authorized and admitted to do business in the State of California with a minimum
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“Best’s” Insurance Guide Rating of “A:VII.” Self-insurance will not be considered to
comply with these insurance specifications.
h) In the event any policy of insurance required under this Agreement does not
comply with these requirements or is canceled and not replaced, City has the right but not
the duty to obtain the insurance it deems necessary and any premium paid by City will be
promptly reimbursed by Contractor.
i) Contractor agrees to provide evidence of the insurance required herein,
satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance
evidencing all of the coverages required and an additional endorsement to Contractor’s
general liability and umbrella liability policies using ISO form CG 20 10 11 85.
Certificate(s) are to reflect that the insurer will provide at least thirty days written notice
of cancellation, material reduction in coverage or reduction in limits and ten days written
notice for non-payment of premium. Contractor agrees to require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, and to delete the word
“endeavor” with regard to any notice provisions. Contractor agrees to provide complete
copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Such proof will be furnished at least two
weeks prior to the expiration of the coverages.
k) Any actual or alleged failure on the part of the City or any other additional
insured under these requirements to obtain proof of insurance required under this
Agreement in no way waives any right or remedy of City or any additional insured, in
this or any other regard.
l) Contractor agrees to require all subcontractors or other parties hired for this
Project to provide workers' compensation insurance as required herein and general
liability insurance naming as additional insureds all parties to this Agreement. Contractor
agrees to obtain certificates evidencing such coverage and make reasonable efforts to
ensure that such coverage is provided as required here. Contractor agrees to require that
no contract used by any subcontractor, or contracts Contractor enters into on behalf of
City, will reserve the right to charge back to City the cost of insurance required by this
Agreement. Contractor agrees that upon request, all agreements with subcontractors or
others with whom Contractor contracts with on behalf of City, will be submitted to City
for review. Contractor acknowledges that such contracts or agreements may require
modification if the insurance requirements do not reflect the requirements herein. Failure
of City to request copies of such agreements will not impose any liability on City, its
Council, boards and commissions, officers, employees, agents and volunteers.
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m) If Contractor is a Limited Liability Company, general liability coverage must
be amended so that the Limited Liability Company and its Managers, Affiliates,
employees, agents and other persons necessary or incidental to its operation are insureds.
n) Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor that includes City as a defendant. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific location or individual entity
designated as the address of the Project. Contractor agrees to have its coverage endorsed
so that all coverage limits required pursuant to this requirement are available separately
for each and every location at which Contractor conducts operations of any type on
behalf of City. Contractor warrants that these limits will not be reduced or exhausted
except for losses attributable to those specific locations and not by losses attributable to
any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations
to City, its Council, boards and commissions, officers, employees, agents and volunteers
by using as a defense Contractor's statutory immunity under workers' compensation or
similar statutes.
r) Contractor agrees to ensure that coverage provided to meet these requirements
is applicable separately to each insured and that there will be no cross liability exclusions
that preclude coverage for suits between Contractor and City or between City and any
other insured or Named Insured under the policy, or between City and any party
associated with City or its employees.
s) Contractor shall maintain commercial general liability, and if necessary,
commercial umbrella liability insurance, with a limit of not less than one million dollars
($1,000,000) each occurrence for at least three years following substantial completion of
the work.
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EXHIBIT B
Proposal to Provide
CEQA and NEPA Environmental Planning Services for the
CALIFORNIA AMERICAN WATER
TEMPORARY SLANT TEST WELL PROJECT
Prepared for:
Theresa Szymanis, AICP
Planning Services Manager
City of Marina
Marina, California 93933
Prepared by:
SWCA Environmental Consultants
1422 Monterey Street, Suite C200
San Luis Obispo, California 93401
December 10, 2013
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SWCA PROJECT NO. 26292
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TABLE OF CONTENTS
SECTION A. INTRODUCTION................................................................. 1
SECTION B. PROPOSED SCOPE OF WORK ............................................. 2
1. Project Management ........................................................................... 2
a. General Project Management .................................................. 2
b. Project Team Meetings ............................................................. 2
2. Project Description .............................................................................. 3
3. Agency Coordination .......................................................................... 3
a. Agency Consultation and Coordination .................................... 3
b. Agency Referrals...................................................................... 3
4. CEQA Planning and Documentation..................................................... 4
a. Preparation of Draft Mitigated Negative Declaration ................. 4
b. Public Noticing, Review and Circulation .................................... 5
c. Response to Public Comments and Final MND .......................... 5
d. Public Hearings ....................................................................... 6
5. NEPA Planning and Documentation ..................................................... 6
a. Public Scoping......................................................................... 6
b. Technical Studies ..................................................................... 6
c. Preparation of Environmental Assessment ................................. 8
d. Public Involvement ................................................................... 9
e. Decision Document (FONSI) .................................................. 10
SECTION C. PROJECT SCHEDULE......................................................... 11
SECTION D. COST ESTIMATE ............................................................... 12
TABLES
Table 1. Estimated Project Schedule ................................................................ 11
Table 2. Cost Estimate .................................................................................. 12
ATTACHMENTS
Attachment 1. Project Team Resumes
Attachment 2. Standard Billing Rates
PROPOSAL TO PROVIDE ENVIRONMENTAL PLANNING SERVICES FOR THE
CAL AM TEMPORARY SLANT TEST WELL
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SECTION A. INTRODUCTION
SWCA Environmental Consultants (SWCA) appreciates the opportunity to submit the
following scope of work, cost estimate, and project schedule to the City of Marina (City)
in response to the request for a proposed scope of services for completion of
environmental planning and review of the California American Water (Cal Am)
Temporary Slant Test Well Project (project) under the California Environmental Quality
Control Act (CEQA) and National Environmental Policy Act (NEPA). The City of Marina
(City) is the CEQA Lead Agency for the project, and the Monterey Bay National Marine
Sanctuary (MBNMS) is the NEPA Lead Agency.
The proposed scope of work has been developed based on our previous work
completed on the project, including preparation of the Initial Study (SWCA October
2013), our experience conducting environmental and planning services within Monterey
County and throughout the Central Coast area of California, and multiple conversations
and project team meetings and/or discussions with City and MBNMS staff.
Based on our current understanding of the project, work completed to date and
consultation with City Special Legal Counsel and the Sierra Club Ventana Chapter
Attorney letter dated November 1, 2013, we anticipate that the appropriate CEQA
document will be a Mitigated Negative Declaration (MND) and the appropriate NEPA
determination will be an Environmental Assessment (EA) leading to a Finding of No
Significant Impact (FONSI). Although environmental analysis has not yet been
completed, this assumption has been made based on the best evidence available at this
time and is reflected in the following scope of work (Section B), Project Schedule (Table
1) and Cost Estimate (Table 2). Should any significant environmental impacts be
identified during preparation of the environmental documents, we will immediately
notify the City and discuss the appropriate strategy for proceeding. Our scope of work
includes completion of all necessary components of the CEQA and NEPA environmental
review process through public hearing.
We understand that there is a need to expedite the project schedule and the City and
MBNMS have elected to consolidate the CEQA and NEPA processes to further
streamline environmental review of the project. We have developed a project approach
and proposed scope of work that reflects what we believe will be the most efficient
means of preparing thorough and legally defensible CEQA and NEPA documents and
completing environmental review of the proposed project. In particular, we have
proposed preparation of the appropriate CEQA and NEPA clearance documents as
separate, stand-alone documents. This is believed to be the most efficient approach
due to the level of detail that currently exists in the Initial Study and the relative ease with
which that document could be modified to develop the anticipated MND compared to
the level of effort that would be required to address the related but different
requirements of CEQA and NEPA in a joint document developed from scratch. The
CEQA and NEPA clearance documents will be developed and supported by the same
technical information, but each environmental document will be specifically tailored to
include only the components required under the respective state or federal regulatory
framework.
The project itself appears to be fairly straight-forward, limited in duration and scale.
However, the potential biological, water quality, and regional significance of this project
is clear. Our scope of work considers the anticipated level of interest in the project, as
well as the level of coordination that will be required between multiple responsible and
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coordinating state and federal agencies to keep the project schedule moving forward as
expeditiously as possible.
We recognize that close coordination with both lead agencies will be necessary to
complete this scope of services; however, the scope of work described below has also
been structured to reflect the fact that our client for these services will be the City of
Marina, and the majority of communications, document submittal, review, etc., would
be coordinated through City staff.
SECTION B. PROPOSED SCOPE OF WORK
1.
Project Management
a.
General Project Management
SWCA Project Manager Emily Creel will serve as the environmental project manager for
the proposed project, and San Luis Obispo Planning Team Leader Shawna Scott will
provide assistance to Ms. Creel and Quality Assurance/Quality Control (QA/QC).
Resumes of the Project Management Team are included in Attachment 1 and SWCA’s
Standard Billing Rates are included in Attachment 2.
Ms. Creel, will oversee preparation of the CEQA and NEPA documentation for the Cal
Am Temporary Slant Test Well Project. This effort will involve close
coordination/correspondence with the City of Marina, MBNMS, additional interested
regulatory agencies, and SWCA team members. Ms. Creel will use project management
tools to organize the project, maintain key contacts, and track the project budget and
schedule.
b.
Project Team Meetings
Due to the nature of the project and expedited schedule, and the need to coordinate
with multiple regulatory and permitting agencies, we are proposing regular conference
calls with the City and/or MBNMS to discuss the status of the project, report on action
items, task progress, identify informational needs, and discuss resolution of issues. If
requested, regular progress reports can be provided to the City and MBNMS via email.
We have budgeted for one half-hour meeting with the City and/or MBNMS every week
of the anticipated project schedule. This level of coordination would be generally
consistent with the coordination that has been required during the course of previous
work completed for the City for this project; however, if fewer meetings are requested
and/or held, the remainder of this budget would not be necessary.
Based on our past experience with this project, SWCA also assumes that completion of
this scope of work will require participation in various project team meetings to
coordinate environmental review and regulatory permitting of the project. The SWCA
project manager and necessary technical staff will be available to attend requested
stakeholder meetings involving the City, other regulatory staff, the applicant and/or
applicant’s
consultants,
and/or
other
various
stakeholders
for
project
coordination/consultation purposes. This scope of work anticipates up to two project
team meetings per month through the duration of the anticipated project schedule and
assumes attendance via telephonic conference call would be acceptable.
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2.
Project Description
SWCA’s preparation of the Initial Study for this project included a considerable effort in
developing a Project Description that would be adequate for CEQA purposes, and we
consider the Project Description to be substantially complete in its current form.
However, some project design changes and additional details added by Cal Am very
close to the scheduled delivery date of the Initial Study will need to be further described
in the final Project Description.
SWCA will coordinate with the City to identify any additional information needed from
Cal Am to describe each proposed component and phase of the project with the level of
detail necessary to allow an accurate and thorough impact analysis. If any additional
information is needed to complete the project description and proceed with the
environmental analysis, we will notify the City in writing with specific requests for
information. This task includes preparation of a draft project description for the City’s
consideration, incorporation of City and/or MBNMS comments, and finalization of the
Project Description. The development of project alternatives is included in the NEPA
services discussed below.
3.
Agency Coordination
a.
Agency Consultation and Coordination
SWCA understands that the City and MBNMS will retain primary responsibility for all
final consultation, both informal and formal, with State and Federal agencies regarding
the project. However, coordination with multiple agencies will be required regarding
environmental issues associated with the project. In an effort to prepare environmental
documents that will address agency concerns and facilitate efficient agency review,
SWCA project manager Emily Creel and associated technical staff will work directly with
the City and MBNMS staff to maintain contact with responsible and cooperating
agencies throughout environmental review process.
Cooperating, responsible and trustee state and federal agencies may include: U.S. Fish
and Wildlife Service (USFWS), National Oceanic and Atmospheric Administration’s
National Marine Fisheries Service (NOAA Fisheries), U.S. Army Corps of Engineers
(USACE), Central Coast Regional Water Quality Control Board (RWQCB), California
Department of Fish and Wildlife (CDFW), California Coastal Commission (CCC),
California State Lands Commission, and Monterey County Department of Environmental
Health.
b.
Agency Referrals
Under our previous scope of work completed for the City, SWCA prepared preliminary
agency referral packages to request preliminary comments and feedback from
interested and responsible agencies and organizations so that any identified issues
could be incorporated into the Initial Study analysis. The referral packages were based
on preliminary project information provided by the applicant, and several responding
agencies requested additional project description details and an additional opportunity
to provide comments at the time of preparation of the CEQA document.
Therefore, SWCA will prepare agency referral packages, including the final Project
Description and project location map, and make a written request for preliminary
agency comments, concerns and/or conditions to be incorporated into the
environmental analysis. SWCA will work with the City of Marina and MBNMS to
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review/edit the list of potentially interested agencies and organizations, to which the
referral packages will be delivered. SWCA will follow up with interested agencies to
facilitate information gathering and will be available to respond to questions, respond
to requests for additional information, and participate in meetings, if requested by any
agency or organization.
The agency referral period will not delay initiation of the other tasks identified in this
scope of work, including work on the CEQA and NEPA clearance documents, and is
therefore not expected to cause any significant delay in the project schedule.
Alternatively, by consulting with interested, responsible and cooperating agencies at the
onset of CEQA/NEPA document preparation, time can ultimately be saved by identifying
and addressing any potential issues or concerns early on in the environmental review
process.
4.
CEQA Planning and Documentation
a.
Preparation of Draft Mitigated Negative Declaration
Based on preliminary efforts completed to date, we anticipate that a Mitigated Negative
Declaration (MND) will be the appropriate CEQA environmental document for the
proposed project pursuant to CEQA Guidelines §15070. We have developed the
enclosed scope of work and cost estimate based on this assumption. If at any time
potentially significant, adverse, unavoidable impacts are identified, we will contact the
City immediately to discuss options for proceeding, including any indication that an
Environmental Impact Report (EIR) may be necessary.
All technical studies necessary to support the MND have been previously identified and
preparation of necessary reports is currently underway. Therefore, it is not anticipated
that additional fieldwork or technical study under this scope of services would be
necessary to adequately assess environmental effects. Existing reports prepared for the
project, as well as those currently being prepared, would be used to the maximum
extent feasible for background information and would be incorporated into the
environmental analysis.
Preparation of the MND will include an assessment of all resources as required by
CEQA Guidelines Appendix G and a comprehensive analysis of potential short- and
long-term environmental effects of the project. In addition to biological resources, other
anticipated key issue areas include cultural resources, water quality, hazards and
hazardous materials, land use (Local Coastal Program consistency), and constructionrelated impacts. Impacts related to air quality, greenhouse gas emissions and noise will
be addressed in a qualitative manner unless quantitative information is provided by the
applicant.
This task includes up to two rounds of review by the City. After incorporation of the
City’s first round of comments on the administrative draft MND, SWCA will prepare and
submit (with the revised administrative draft MND) a draft Mitigation Monitoring and
Reporting Program (MMRP) prepared pursuant to CEQA Guidelines Section 15097. The
MMRP will identify each mitigation measure, the appropriate milestone or timing to
implement the measure, the responsible party for verifying implementation, and any
reporting requirements. Upon receipt of the City’s comments on the administrative draft
MND and MMRP, SWCA will incorporate any edits and finalize the public review Draft
MND and MMRP.
This task assumes electronic submittal of all deliverables via email.
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b.
Public Noticing, Review and Circulation
Our proposed scope of work includes completion of all required public noticing
requirements, including preparation of the Notice of Intent to Adopt an MND (NOI),
Notice of Completion (NOC) form, Notice of Determination (NOD), and California
Department of Fish and Wildlife (CDFW) environmental filing fee sheet. Preparation of
the NOD and CDFW environmental filing fee sheet are discussed under Section c.,
below.
Upon receipt of City comments on the administrative draft MND, SWCA will finalize all
forms and the complete MND package for public review and circulation. This task
includes preparation of the NOI form pursuant to CEQA Guidelines Section 15072 and
the standard NOC form provided in Appendix C of the CEQA Guidelines for submittal
to the California State Clearinghouse.
SWCA will submit the NOC and 15 copies of the Draft MND to the State Clearinghouse,
and will file the NOI with the County Clerk. We will coordinate with the City to ensure
publication of the NOI in a newspaper of general circulation in the project area
pursuant to the requirements of CEQA Guidelines Section 15072. We assume that the
City will be responsible for any additional public noticing, such as direct mailing of the
NOI to individuals or organizations who have previously requested such notice in
writing, and/or onsite posting of the NOI at the project site, if desired.
This task includes production of up to 20 hard copies and 50 electronic copies (compact
disk [CD]) of the Draft MND package. It is assumed that all technical appendices would
be produced electronically and included with the hard copies as a CD attachment. A
.pdf version of the document will be provided for uploading to the City’s website.
c.
Response to Public Comments and Final MND
Upon completion of the 30-day public review period for the MND, SWCA will review
any public or agency comments provided in response to the document. Although a
formally prepared response to comments is not required to accompany a final MND,
due to the nature of this project, we believe it would be appropriate to address any
substantive and environmentally relevant comments received, and have included in our
proposal a budget to address up to 50 comment letters. If the City chooses not to
provide written responses to comments, or if significantly less than 50 comments letters
are received, this task can be reduced or eliminated from the budget accordingly.
SWCA will provide a written response to the comments, and submit an administrative
draft Final MND and MMRP for the City’s consideration. This task includes up to two
rounds of City review.
As identified in Section b., above, our scope includes preparation of completed NOD
and CDFW environmental filing fee forms. SWCA will file the NOD and CDFW
environmental filing fee forms with the County Clerk and the State Clearinghouse within
five days of project approval as required by CEQA Guidelines Section 15075. Please
note that our cost estimate does not include applicable filing fees; receipt of these fees
from the City will need to be coordinated within the five day statutory period.
This task includes production of up to 20 hard copies and 50 electronic copies of the
Final MND package for Planning Commission review and public distribution. It is
assumed that all technical appendices would be produced electronically and included
with the hard copies as a CD attachment.
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d.
Public Hearings
Our scope of work includes preparation for and attendance at one Planning
Commission hearing. We will be available to present information, provide presentation
materials and answer CEQA-related questions associated with the project at the hearing
if requested by the City.
Attendance at additional public hearings, if necessary, could be provided for a total cost
of $2,305 per hearing. The reduced cost from the estimate provided below for
attendance at the Planning Commission hearing ($4,777) reflects the reduced
preparation time that would be necessary at subsequent hearings.
5.
NEPA Planning and Documentation
SWCA will assist MBNMS with preparation of the EA and FONSI and associated NEPA
tasks pursuant to the regulations and standards set forth in NOAA Administrative Order
(NOA) 216-6: Environmental Review Procedures for Implementing the National
Environmental Policy Act. This scope includes the following tasks.
a.
Public Scoping
Formal public scoping is not required during preparation of an EA; however, public and
agency involvement prior to circulation of the document can be beneficial for
information gathering purposes and project alternatives development. SWCA will
consult with MBNMS to identify the appropriate level of public scoping required for this
project. We will assist MBNMS with this task by providing a description of the proposed
action and a clear and concise description of the project’s purpose and need.
SWCA proposes to conduct a public scoping process that includes an open comment
period that coincides with the agency referral period described in Section 3b, above,
and participation in one public meeting.
SWCA responsibilities would include
preparation and distribution of the appropriate noticing documents (including
preparation of a Notice of Intent [NOI] to be published in the Federal Register, if
deemed necessary by MBNMS); preparation of the public meeting agenda and
presentation materials; presentation of the project, project alternatives, and key
planning and environmental issues at the public meeting; responding to questions
during the public meeting; and recording public comments.; and, preparing comment
reports and matrix documents for the administrative record. We assume that the NOI
would be drafted by SWCA and provided to the MBNMS for posting in the Federal
Register and/or local newspaper during public review of the EA.
During and following the scoping period, SWCA will review correspondence received
and prepare comment reports and matrix documents for the administrative record. We
would work closely with MBNMS staff to identify potential “out-of-scope” concerns or
concerns flagged for discussion with MBNMS management, and will discuss how
concerns will be addressed in the EA.
b.
Technical Studies
At this time, information is limited regarding what technical studies will need to be
required to complete the NEPA process. Therefore, SWCA has provided a brief
description of the scope of work for the various technical studies anticipated to be
required, based on our experience with similar projects and preliminary discussions with
MBNMS. SWCA assumes that the technical studies would evaluate no more than four
project alternatives: 1) the project as described in the CEQA Initial Study completed by
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SWCA in October 2013; 2) up to two build alternatives to be developed through public
scoping, initial agency consultation and coordination with the City, MBNMS, and the
applicant; and, 3) a “no build/no project” alternative.
SWCA assumes that after work has begun on the technical studies and documentation,
any changes in the project description or plans that require new analysis (e.g., project
footprint changes or adoption of new alternatives) would require a change order. This
task includes reproduction and submittal of up to five hard copies and five electronic
(CD) copies of each draft technical document to MBNMS for review and comment. This
task assumes two rounds of review and report revision prior to reproduction and
delivery of up to five hard copies and five electronic (CD) copies of each final technical
document.
It is important to note that this list of technical studies is only preliminary. The scope of
work for the technical studies can be refined or changed by MBNMS as needed in order
to best serve MBNMS staff. The technical studies required would ultimately be developed
as a result of meetings with the City and MBNMS environmental staff, public outreach,
and consultation with local stakeholders.
Biological Assessment
A Biological Assessment (BA) is required for formal or informal consultation with the
USFWS and/or NOAA Fisheries. The BA will be restricted to a discussion of federally
listed species with potential for occurrence within or adjacent to the project area,
including species within both the terrestrial and marine environments. The BA will be
prepared pursuant to MBNMS’s preferred template, if available; otherwise, SWCA will
develop a template in consultation with MBNMS staff. Any contact with USFWS and
NOAA Fisheries shall be restricted to information gathering purposes regarding federal
listed species in question, during preparation of the draft biological reports. Once the
draft biological reports are submitted to MBNMS, all contact with USFWS and NOAA
Fisheries shall be through MBNMS.
Substantial biological information has been compiled by Cal Am and/or its consultants
to assess potential project-related effects on biological resources. However, the existing
reports do not address any marine resources or potential effects on marine species
and/or their habitats and, to our knowledge, no project-specific BA has been prepared.
SWCA will utilize the existing material to develop background information in the BA to
the greatest extent feasible and will incorporate the information into the determination
of potential environmental effects on terrestrial species, as appropriate. However, it is
anticipated that substantial effort will be required to supplement the existing information
and develop a BA adequate for Section 7 consultation.
SWCA assumes that MBNMS will request a project-specific species list from USFWS and
NOAA Fisheries, which will provide the basis for development of the BA. Federallylisted species anticipated to be considered include: Monterey spineflower (Federal
Threatened), Smith’s blue butterfly (Federal Endangered), Western snowy plover
(Federally Threatened), central California coast steelhead (Federal Threatened), black
abalone (Federally Endangered), southern sea otter (Federally Threatened), and a
variety of additional federally-listed marine mammals and/or sea turtles.
No development activities would occur within the Pacific Ocean; therefore, some of the
more significant aspects to assessing impacts on marine mammals and federally-listed
aquatic species are expected to include an analysis of the water to be discharged into
the ocean and hydro-acoustic impacts associated with the proposed vibratory drilling
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methods. In our experience, hydro-acoustics is an issue that is being more closely
addressed by NOAA Fisheries, but the need for a more specific hydro-acoustic analysis
has not yet been identified. SWCA will consult with MBNMS to determine the need for a
hydro-acoustic assessment. Hydro-acoustic issues can often be handled by citing
previous acoustical data from similar activities in a similar setting to demonstrate
suitable attenuation; however, if there is not a case study that closely matches the
parameters of the proposed project alternative, additional hydro-acoustic monitoring
may be required. If this is deemed necessary, SWCA would confer with the City and
MBNMS staff regarding the need to perform this work under a change order.
This scope of work assumes that no habitat assessments or protocol-level field surveys
will be required for preparation of the BA. Should additional studies be required, SWCA
would discuss completion of required tasks with the City and MBNMS under a change
order. This task includes coordination with MBNMS and NOAA Fisheries to evaluate the
potential for hydro-acoustic impacts to marine mammals and federally-listed aquatic
species; however, potential effects are expected to be low due to the proposed drilling
locations. Should additional hydro-acoustic monitoring be required, SWCA would
confer with the City and MBNMS staff regarding the need to perform this work under a
change order.
Section 106 Compliance
Due to the identification of potential historic resources at the project site during
preparation of the Initial Study, SWCA has recently been retained by the City to prepare
documentation and complete tasks necessary for National Historic Preservation Act
(NHPA) Section 106 compliance. This scope includes development of an Area of
Potential Effects (APE) Map that identifies and delineates the area of direct impacts and
area of indirect effects; peer review of and supplementation of a previously conducted
records search and Native American consultation; verification of archaeological field
surveys; peer review and supplementation of the existing archaeological report provided
by the applicant; and preparation of a Historic Architectural Evaluation to analyze the
potential for historic resources at the project site. Because completion of these tasks is
currently underway, no additional report preparation is anticipated for completion of the
NEPA process. Therefore, costs associated with completion of this task are limited to
one round of review by MBNMS of the Section 106 documentation prepared by SWCA
and limited coordination and tailoring of those documents to meet MBNMS’s needs.
c.
Preparation of Environmental Assessment
This scope of work assumes an EA is the appropriate environmental document for this
project. MBNMS will use the information within the Initial Study, MND and all technical
reports prepared for the project to prepare the EA. Should it become apparent during
environmental evaluation that an Environmental Impact Statement (EIS) is needed, the
City and MBNMS will be notified immediately for appropriate action.
SWCA will prepare an administrative draft EA that contains the following required
components: a brief discussion of the need for the action, alternatives as required by
NEPA Section 102(2)(E), a brief discussion of the environmental impacts of the proposed
action and alternatives, sufficient evidence and analysis for determining whether to
prepare an EIS or a FONSI, and a listing of agencies and persons consulted.
The EA will be written in language understandable to the public and decision-makers
and will employ use of graphics and tables to clearly present information. It will be
concise and focus on the most important issues identified through public and internal
8
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scoping. For each appropriate resource topic, an affected environment and
environmental consequences section will be prepared based on available information
and MBNMS-provided data. Resources that are not thoroughly evaluated will be
dismissed early on with an explanation for their dismissal. Supporting materials will be
appended to the EA as appropriate.
Resource topics, such as air quality, noise, and traffic, will be evaluated on a qualitative
basis unless quantitative data are available from MBNMS. We assume MBNMS will
assume the lead on consultations with the USFWS (under Section 7 of the Endangered
Species Act) and with the State Historic Preservation Officer (under NHPA Section 106).
The EA will also include sections that address potential effects to historic properties, in
compliance with the NHPA. These sections will summarize any previously identified
historic properties within the study area, proposed actions and alternatives that may
affect historic properties, and present measures to lessen potential impacts.
The EA will thoroughly evaluate a No Action alternative and up to two additional action
alternatives for each resource topic. We assume the applicant (and or its design
contractor) or MBNMS will facilitate alternatives development and will provide graphics
or maps to support the alternatives chapter of the EA. A draft of the alternatives chapter
will be submitted to MBNMS for review in advance of preparation of the environmental
consequences to ensure an accurate understanding of each alternative and a thorough
environmental analysis.
This task assumes up to two rounds of administrative review. SWCA will revise the
administrative draft EA in response to comments from MBNMS and others participating
in the internal review. This task includes any requested assistance preparing the original
letter To All Interested Government Agencies and Public Groups per NOA 216-6
guidance.
This task includes production of up to 20 hard copies and 50 electronic (CD) copies of
the production-ready EA package. It is assumed that all technical appendices would be
produced electronically and included with the hard copies as a CD attachment. A .pdf
version of the document will be provided for uploading to the MBNMS website.
d.
Public Involvement
NOAA’s NEPA regulations specify that some EAs are not generally distributed to the
public, but that where the EA would benefit from greater public involvement, a 30-day
review and comment period is encouraged prior to a FONSI determination. SWCA will
work with MBNMS to determine whether distribution and public comment on the EA
would be necessary. If required, SWCA has included costs to manage noticing,
distribution and management of the public review process, including preparation and
publishing of a Notice of Availability (NOA) in the Federal Register or any other means
of noticing the public as determined by MBNMS staff (newspaper publishing or
mailings); collection and documentation of all public comments received; and public
comment analysis.
SWCA will conduct public comment analysis using applicable NOAA procedures. SWCA
will work closely with MBNMS staff to develop responses to concern statements, for
incorporation into a complete Public Comment and Response Report, if requested, for
incorporation into the Decision Document (FONSI).
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9
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e.
Decision Document (FONSI)
SWCA will prepare the FONSI, including an errata sheet for changes to the EA (if
necessary), responses to substantive public concern statements (if necessary), an
Environmental Compliance Mitigation Implementation Matrix, documentation of the
environmentally preferred alternative, impairment analysis and determination, NHPA
Section 106 compliance, and the decision rationale in accordance with NOA 216-6.
The FONSI will include any additional Floodplain or Wetland Statement of Findings, if
necessary.
We will facilitate NOAA review and document clearance through the NEPA Coordinator
to the extent requested by MBNMS and will provide public notice of the FONSI through
publishing of an NOA in the Federal Register, newspaper publishing, direct mailings or
other appropriate means as determined by MBNMS staff.
10
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SECTION C. PROJECT SCHEDULE
We understand that the project schedule is one of the most critical components of the
environmental review process and are committed to expediting the process to the
greatest extent feasible. However, exact dates and hard deadlines are impossible to
establish at this time due to the amount of coordination between different agencies and
the applicant that will be required moving forward. Therefore, we have provided a
schedule that estimates the time it will take us to complete substantial project milestones
identified under the scope of work based on appropriate triggers. The estimated
completion periods reflect the delivery of final reports and include any anticipated
noticing and review periods. Please note that this schedule is preliminary only, and will
likely be affected by the availability of requested information/documentation,
completion of technical reports requiring agency approval, availability of site access,
and other needs for project coordination.
The proposed schedule of project milestones is summarized in the table below:
Table 1. Estimated Project Schedule
Task
Estimated Completion Period
Final Project Description
Within 2 working days of receipt of requested
information from Cal Am and necessary
consultation with City staff
Agency Referrals/Public Scoping
Upon finalization of Project Description
Assume 30-day referral period
Public Review Draft MND, MMRP, NOC, and
NOI
Within 20 working days upon approval of and
receipt of all required technical reports
Final MND, MMRP, NOC, and NOD
Within 20 working days upon close of public
comment period
Within four months of notice to proceed
Within 20 working days of completion of
necessary technical study
Admin Draft EA Package
Within 30 days of approval and receipt of all
required technical reports
Draft EA Package
Within 20 days upon receipt of internal comments
from NOAA / MBNMS
Final EA Package, including FONSI
Within 30 days upon close of public comment
period (if necessary)
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11
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SECTION D. COST ESTIMATE
SWCA proposes a time and materials, not-to-exceed budget of $116,840 for
completion of the proposed scope of work. An itemized cost estimate is included below.
Please note that we have made reasonable assumptions related to project demands and
associated costs. As the required scope of work continues to be finalized, some
budgeted items may not be necessary.
Table 2. Cost Estimate
Task
Project Management
$10,464
Project Description
$2,954
Agency Coordination and Referrals
$2,122
Administrative Draft MND
$5,228
Public Review Draft MND Package and Noticing
$4,610
Response to Comments and Final MND
$10,334
Public Scoping for NEPA compliance
$9,655
$36,217
$2,749
Administrative Draft EA
$14,012
Public Review Draft EA and Noticing
$6,572
Final EA and FONSI
$7,148
Planning Commission Hearing
$4,777
Additional Public Hearings (optional cost per hearing, not included
in Total cost below)
$2,305
TOTAL
12
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Cost
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$116,840
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ATTACHMENT 1. PROJECT TEAM RESUMES
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EMILY CREEL, J.D.
Project Manager / Environmental Planner
Years of Experience
Experience Summary
7
Ms. Creel is a project manager and environmental planner in SWCA’s San
Luis Obispo office. She obtained her JD in 2005 and has been practicing in
the field of environmental law in California for seven years. She has a
specialized background in environmental law and policy, CEQA and
regulatory compliance, water law, property law, and land use controls.
Expertise
Environmental, land
use, and property law
CEQA / NEPA
compliance
Project management
Environmental law
updates, CEQA
litigation
Education
J.D., Indiana University
School of Law, 2005
Environmental Law
Research Group,
Indiana University
School of Law, 20022004
B.A., Political Science,
Arizona State
University; Tempe,
Arizona, 2002
Training
State Bar of California
Minimum Continuing
Legal Education, 20062012
Association of
Environmental
Professionals (AEP)
CEQA Workshops and
Legislative Updates,
2009-2013
American Planning
Association Annual
Conference, 2011
Professional
Affiliations
State Bar of California
San Luis Obispo
County Bar Association
AEP, Central Coast
Chapter, Member
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Ms. Creel is well-versed in state and federal environmental laws and
regulations, the administrative process, county and municipal codes, and
California Coastal Commission regulations. She has a working knowledge
of available legal resources and ongoing changes in the interpretation of
environmental law and policy.
She is proficient in researching the
formulation and referencing authority of reliable legal precedence through
common law court decisions. Ms. Creel has assisted multiple local,
regional, state, and federal agencies with both the technical and procedural
components of the environmental review and compliance process. Her
varied experience has given her the ability to handle complex environmental
and legal issues.
Selected Project Experience
Beachfront Lodge and Conference Center EIR; San Luis Obispo County,
California; City of Grover Beach. SWCA prepared an EIR for a beachfront
lodge located in a sensitive State Park area and coastal ESHA under the
jurisdiction of various regional and state agencies. Role: Project Manager.
Oversaw preparation of the EIR, conducted extensive consistency analysis of
applicable plans and policies, and coordinated closely with the City of
Grover Beach, California Department of Parks and Recreation, RWQCB,
SLOAPCD, California Coastal Commission, and Caltrans.
West Grand Avenue Master Plan Initial Study and Findings of
Conformity; San Luis Obispo County, California; City of Grover Beach.
SWCA oversaw environmental review of the proposed downtown Master
Plan, including completion of an Initial Study, tiered environmental analysis
as a subsequent project named in City of Grover Beach Land Use Element
Update EIR (SWCA 2010), letter of conformity with existing EIR analysis, and
City findings and resolutions. Role: Project Manager, Primary Author.
Prepared IS, determined project consistency with Master EIR, drafted City’s
findings supporting limited environmental review per CEQA Guidelines
§15177.
City of Soledad Downton Specific Plan EIR; Monterey County, California;
Lisa Wise Consulting, City of Soledad. SWCA prepared an EIR for the
Soledad Downtown Specific Plan and form-based code, which was
completed on time and under budget in less than six months, from initiation
of the Notice of Preparation to certification of the Final EIR. Role: EIR Project
Manager, Primary Author. Preparation of the EIR, including the NOP, Initial
Study, scoping materials, responses to comments, CEQA Findings and
Statement of Overriding Considerations, SB 18 consultation, public noticing,
and Planning Commission and City Council hearing presentation.
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44 – 1
Emily Creel
SHAWNA SCOTT, B.S.
Project Manager / Planning Team Leader
Years of Experience
Experience Summary
14
Ms. Scott is a senior planner with experience in land use and environmental
planning involving the preparation, coordination, and processing of public
projects and discretionary use permits. She specializes in implementing lead
agency responsibilities under CEQA and NEPA, managing project teams,
and writing environmental documents. Ms. Scott has experience
implementing policies and procedures of local government planning
operations and federal and state laws related to planning, zoning,
environmental policy, local coastal plans, and the Coastal Act.
Expertise
CEQA/NEPA
compliance
City and regional
planning
Local government
assistance
Project management
Land use policy
Education
B.S., Natural Resource
Management;
California Polytechnic
State University, San
Luis Obispo, 2001
Training
Comprehensive NEPA
Training Series, 2008
Project Management
Bootcamp, 2008
Association of
Environmental
Professionals (AEP)
California Annual
Conference, 20022012
American Planning
Association California
Annual Conference,
2002-2011
AEP CEQA Advanced
Workshop, 2004-2012
Affiliations /
Memberships
American Planning
Association- California
Chapter, Member
California Association
of Environmental
Professionals-Central
Coast Chapter,
Member
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Ms. Scott has prepared several types of environmental documents including
EIRs, MNDs, and CEQA Findings. In addition, Ms. Scott has managed the
preparation of NEPA documents including CEs, EISs/RODs, and
EAs/FONSIs. She has extensive experience evaluating a variety of
environmental resources, land use opportunities and constraints, and policy
consistency. Ms. Scott’s projects are kept on track and within budget through
close coordination with the project team, the client, and the client’s
design/engineering consultants.
Selected Project Experience
On-Call Services Agreement; San Luis Obispo County, California;
County of San Luis Obispo Department of Planning and Building and
Environmental Coordinator’s Office. SWCA provides on-call services
including preparation of environmental documents (initial studies and
MNDs), permit processing, staff reports, and public presentations for a
diverse variety of public and private projects. Role: Project Manager/Senior
Planner. Manages the Agreement, including contracts, budgets, and County
coordination; implements all services as requested; and provides quality
assurance/quality control on all documents prepared under this contract.
Excelaron (Mankins) Conditional Use Permit Huasna Valley Oil
Exploration and Production Project EIR; San Luis Obispo County,
California; Marine Research Specialists, County of San Luis Obispo.
SWCA prepared the Aesthetics, Agriculture, Biology, Cultural Resources,
Land Use, Population and Housing, and Public Services sections of the EIR;
responded to public and agency comments on the Draft EIR; and supported
the project team and County during a series of public hearings for the
project, which included a phased plan to explore, test, and possibly produce
oil on approximately 260 acres in Huasna Valley. Role: Senior Planner.
Responsibilities included team management, coordination with the prime
consultant, document preparation and quality assurance/quality control, and
public hearing assistance.
Nipomo Community Park Master Plan Program EIR; Nipomo, California;
County of San Luis Obispo General Services Agency. SWCA prepared an
EIR for the Master Plan, which included park amenities and internal and
offsite road improvements. Role: Project Manager. Responsibilities included
preparation of an environmental constraints analysis and Initial Study, project
scoping meetings, EIR preparation, response to comments, CEQA Findings,
and presentation at public hearings.
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ATTACHMENT 2. STANDARD BILLING RATES
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SWCA SAN LUIS OBISPO HOURLY BILLING RATES
Team Member
Title
2013
Hourly Rate
Bill Henry
Office Director
$182.00
Jon Claxton
Natural Resources Team Leader
$127.00
Gary Ruggerone
NEPA Expert
$127.00
Geoff Hoetker
Senior Biologist
$127.00
Paul Andreano
Senior Biologist
$116.00
Travis Belt
Senior Biologist
$116.00
Benjamin Hart
Senior Biologist
$127.00
John Moule
Biologist
$105.00
Barrett Holland
Biologist
$93.00
Shawna Scott
Planning Team Leader
$127.00
Nicole Carter
Environmental Planner
$116.00
Emily Creel
Environmental Planner
$93.00
Leroy Laurie
Cultural Resources Specialist
$83.00
Chad Jackson
Cultural Resources Specialist
$71.00
Adriana Neal
GIS/CADD Specialist
$105.00
Jaimie Jones
Proposal Coordinator/Technical Editor
$83.00
Stephenie Spencer
Administrative Support
$61.00
Direct Cost
Rate
Lodging
at cost
Per Diem
$66/per day
Mileage
$0.565/mile
Rental Car and Fuel
at cost
Black and White Copies, each
$0.10
Color Copies, each
$1.00
Subcontractors
20% markup
*Rates are subject to revision January 1 of each year.
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Standard Rate Schedule
2013 Labor Categories and Billing Rates
Principals & Project Management Staff
Principal-in-Charge………………………...…. $263 - 368
Project Manager XI……………………………….. $182.00
Project Manager X…….………………………….. $166.00
Project Manager IX……………………………….. $149.00
Project Manager VIII……………..……………….. $138.00
Project Manager VII………..….……………………. $127.00
Project Manager VI………..……..…………………. $116.00
Project Manager V………..……..….………………. $105.00
Project Manager IV………..…………………………. $93.00
Project Manager III….……..…………………………. $83.00
Consulting Services
Cultural Resources
Environmental Resources
Paleontology
Scientific Resources
Planning Resources
Air Quality
Graphics / Media Production
GIS / CADD Resources
Technical Writing / Editing
Principal Investigator
Subject Matter Expert…………………………...$184 - 315
Specialist V…………………………………………… $105.00
Specialist IV……………………….………………….. $93.00
Specialist III…………………...……..………………. $83.00
Specialist II…………………….……..………………. $71.00
Specialist I……..……………………………………... $61.00
Specialist XI……..…………………………………. $182.00
Specialist X….…..…………………………………. $166.00
Specialist IX……..…………………………………. $149.00
Specialist VIII………………………………………. $138.00
Specialist VII……..………………………………… $127.00
Specialist VI……..…………………………………. $116.00
Technician II…………………..……..……………….. $49.00
Technician I….……………….……..………….…….. $39.00
Administrative
Administrative VII.………………………………… $105.00
Administrative VI…..……………………...……….. $93.00
Administrative V………….……….….…………….. $83.00
Administrative IV……….……….….………………. $71.00
Administrative III……….……….….……………....... $61.00
Administrative II………….……….….……………..... $49.00
Administrative I………….……….….……………...... $39.00
Direct expenses are subject to a 15% administrative markup and subcontractor expenses are subject to a 20% administrative markup.
These rates do not apply to depositions or testimonies at administrative hearings and trials. Such activities fall under our Expert Witness
rates, which vary by state.
The information contained on these pages is proprietary and confidential.
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Revised 11/30/12
Page
49
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November 13, 2013
Item No.
8g(3)
of November 19, 2013
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013-,
APPROVING
AGREEMENT
AMONG
THE
COUNTY
OF
MONTEREY, THE SALINAS VALLEY SOLID WASTE AUTHORITY,
THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT,
THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT, AND
THE CITIES OF CARMEL-BY-THE-SEA,
DEL REY OAKS,
GONZALES, GREENFIELD, KING CITY, MARINA, MONTEREY,
PACIFIC GROVE, SALINAS, SAND CITY, SEASIDE, AND SOLEDAD
TO EVALUATE AND ANALYZE CURRENT PRACTICES AND
OPTIONS
FOR
THE
COLLECTION,
TRANSPORTATION,
PROCESSING, AND REDUCING LANDFILL DISPOSAL OF SOLID
WASTE WITHIN MONTEREY COUNTY
REQUEST:
1.
Adopting Resolution No. 2013-, approving agreement among the County
of Monterey, the Salinas V alley Solid Waste Authority, the Monterey
Regional Waste Management District, the Pebble Beach Community
Services District, and the cities of Carmel-by-the-Sea, Del Rey Oaks,
Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove,
S alinas, Sand City, Seaside, and Soledad to evaluate and analyze current
practices and options for the collection, transportation, processing, and
reducing landfill disposal of solid waste within Monterey County; and
2.
Authorize the City Manager to execute the agreement on behalf of the city
3.
accounting entries.
BACKGROUND:
The County of Monterey, the Salinas Valley Solid Waste Authority, the Monterey Regional
Waste Management District, the Pebble Beach Community Services District and the cities of
Carmel-by-the Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific
Grove, Salinas, Sand City, Seaside and Soledad are interested in a comprehensive county-wide
analysis of the solid waste, private and public collection, processing, disposal, operational
infrastructure and financial issues associated with solid waste management.
It is proposed to issue an RFP to hire a consultant to examine opportunities to reduce costs and
stimulate local economies through efficiencies in the collection, transportation, processing and
reduced per capita landfill disposal of solid waste in Monterey County.
This agreement proposed to fund this study per the included funding formula. The study is
estimated to cost $150,000 with Marina’s estimated cost $4,224.55.
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Page1
The date for release of the Request for Proposal (December 27, 2013) reflected in the project
timeline is a best guess, but should allow for sufficient time to get the approval from all
respective Councils and Board.
FISCAL IMPACT:
The study will cost an estimated $4,224.55 for the City of Marina.
CONCLUSION:
_____________________________
Layne P. Long
City Manager
City of Marina
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Page2
RESOLUTION NO. 2013A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING
AGREEMENT AMONG THE COUNTY OF MONTEREY, THE SALINAS VALLEY
SOLID WASTE AUTHORITY, THE MONTEREY REGIONAL WASTE
MANAGEMENT DISTRICT, THE PEBBLE BEACH COMMUNITY SERVICES
DISTRICT, AND THE CITIES OF CARMEL-BY-THE-SEA, DEL REY OAKS,
GONZALES, GREENFIELD, KING CITY, MARINA, MONTEREY, PACIFIC
GROVE, SALINAS, SAND CITY, SEASIDE, AND SOLEDAD TO EVALUATE AND
ANALYZE CURRENT PRACTICES AND OPTIONS FOR THE COLLECTION,
TRANSPORTATION, PROCESSING, AND REDUCING LANDFILL DISPOSAL OF
SOLID WASTE WITHIN MONTEREY COUNTY
WHEREAS, management and oversight of the collection, transportation, processing, and
disposal of Solid Waste within Monterey County is presently exercised by the two Agencies;
and
WHEREAS, The Parties further acknowledge that it may be beneficial to examine
opportunities to reduce costs and stimulate local economies through efficiencies in the
collection, transportation, processing and reduced per capita landfill disposal (in accordance
with SB 1016) of Solid Waste within Monterey County; and
WHEREAS, the parties further acknowledge and accept that the objective of this analysis
is not to merge the two existing solid waste processing and disposal agencies; and
WHEREAS, it is further acknowledged that both agencies will set their respective rates as
their Boards see fit and that nothing in this analysis has the objective of establishing a
uniform and equalized countywide rate structure between the two authorities; and
WHEREAS, the parties acknowledge that opportunities exist to improve collaboration
between the County, the Cities, the SVSWA, and the MRWMD; and
WHEREAS, it may be in the best interest of the Parties to agree to work together to
evaluate, analyze and ultimately propose and implement such mutually beneficial options
to better serve the residential, commercial, agricultural, and industrial ratepayers throughout
Monterey County; and
WHEREAS, the Parties agree to participate in a comprehensive process to evaluate and
analyze the collection, transportation, processing and disposal of Solid Waste within
Monterey County to determine and implement options for cost effective, sustainable, and
environmentally and economically viable approaches that meet all state requirements.
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Page3
NOW, THEREFORE IT BE RESOLVED, by the City Council of the City of Marina does
hereby:
1. Approve agreement among the County of Monterey, the Salinas V alley Solid
Waste Authority, the Monterey Regional Waste Management District, the Pebble
Beach Community Services District, and the cities of Carmel-by-the-Sea, Del Rey
Oaks, Gonzales, Greenfield, King City, Marina, Monterey, Pacific Grove,
S alinas, Sand City, Seaside, and Soledad to evaluate and analyze current practices
and options for the collection, transportation, processing, and reducing landfill
disposal of solid waste within Monterey County; and
2. Authorize the City Manager to execute the agreement on behalf of the City
3. Authorize the Finance Director to make the necessary budgetary and
accounting entries
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly
held on the 17Th day of December 2013, by the following vote:
_____________________________
ATTEST:
________________________________
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EXHIBIT A
AGREEMENT
BETWEEN THE COUNTY OF MONTEREY,
THE SALINAS VALLEY SOLID WASTE AUTHORITY,
THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT,
THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT,
AND THE CITIES OF:
CARMEL-BY-THE-SEA
DEL REY OAKS
GONZALES
GREENFIELD
KING CITY
MARINA
MONTEREY
PACIFIC GROVE
SALINAS
SAND CITY
SEASIDE
SOLEDAD
TO EVALUATE AND ANALYZE CURRENT PRACTICES AND OPTIONS
FOR THE COLLECTION, TRANSPORTATION, PROCESSING, AND
REDUCING LANDFILL DISPOSAL OF SOLID WASTE WITHIN
MONTEREY COUNTY
THIS AGREEMENT is entered into on this
day of
, 2013 (the
"Effective Date") by and between the County of Monterey (the 'COUNTY'), a political
subdivision of the State of California, the Salinas Valley Solid Waste Authority
('SVSWA'), a Joint Powers Authority, and the Monterey Regional Waste Management
District ('MRWMD'), a Special District of the State of California, (the 'Agencies'), and the
Cities of Carmel-by- the-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina,
Monterey, Pacific Grove, Salinas, Sand City, Seaside, and Soledad (the 'CITIES'), municipal
corporations, and the Pebble Beach Community Services District, together referred to as the
Parties.
RECITALS
WHEREAS,
management
and oversight of the collection, transportation,
processing, and disposal of Solid Waste within Monterey County is presently exercised by the
two Agencies; and
WHEREAS, The Parties further acknowledge that it may be beneficial to examine
opportunities to reduce costs and stimulate local economies through efficiencies in the
collection, transportation, processing and reduced per capita landfill disposal (in accordance
with SB 1016) of Solid Waste within Monterey County; and
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1
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Page5
WHEREAS, the parties further acknowledge and accept that the objective of this
analysis is not to merge the two existing solid waste processing and disposal agencies; and
WHEREAS, it is further acknowledged that both agencies will set their respective
rates as their Boards see fit and that nothing in this analysis has the objective of establishing
a uniform and equalized countywide rate structure between the two authorities; and
WHEREAS, the parties acknowledge that opportunities exist to improve collaboration
between the County, the Cities, the SVSWA, and the MRWMD; and
WHEREAS, it may be in the best interest of the Parties to agree to work together
to evaluate, analyze and ultimately propose and implement such mutually beneficial
options to better serve the residential, commercial, agricultural, and industrial ratepayers
throughout Monterey County; and
WHEREAS, the Parties agree to participate in a comprehensive process to evaluate
and analyze the collection, transportation, processing and disposal of Solid Waste
within
Monterey County to determine and implement options for cost effective,
sustainable, and environmentally and economically viable approaches that meet all state
requirements.
NOW, THEREFORE, in mutual consideration of the covenants, terms and
conditions set forth herein, the Parties agree as follows:
AGREEMENT
The Parties agree to work together in good faith to evaluate and analyze current
practices and options for the collection, transportation, processing and reducing per capita
landfill disposal of Solid
Waste within Monterey County that involve both Agencies and private companies that are
under contract with the Cities and County.
Furthermore the Parties agree:
A. To maintain transparency; and
B. That this effort will be overseen by and managed by a subcommittee comprised of
the County Administrator, the General Managers of the SVSWA and the MRWMD,
the General Manager of the Pebble Beach Community Services District, and a City
Manager from the cities of Monterey, Pacific Grove, Salinas, Gonzales and
Greenfield, herein referred to as the "Solid Waste Subcommittee"; and
C. That the City of Gonzales will serve as the "lead agency" for purposes of
retaining consultants and/or experts in the field of solid waste to evaluate and
analyze the Solid Waste Management System within Monterey County; and
D. To support the Request for Proposal (RFP) included as Attachment 'A' , which
purpose and goal "... is to obtain a comprehensive county-wide analysis of the solid
waste, private and public collection, processing, disposal, operational/infrastructure
and financial issues of SVSWA, MRWMD and the solid waste management
entities of Monterey County that can result in a more cost effective approach to
providing solid waste and recycling services to its member agencies, while still
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meeting or exceeding state and local waste diversion mandates. The comprehensive
analysis should be completed in a manner that would provide actionable
recommendations for consideration by the Parties. The recommendations
considered for implementation by the SVSWA, the MRWMD, and Monterey
County should result in Monterey County constituents receiving the most cost
effective, sustainable, and environmentally and economically viable solid waste and
waste diversion management services available while meeting all regulatory
obligations and liabilities, and to reduce waste."; and
E. To support systems that continue to reduce waste per capita to landfill, meet or
exceed state and or local diversion requirements; and
F. All efforts will be made to assure maximum participation by all interested parties
and that the respective Boards and Councils receive periodic status reports.
Cost Sharing Plan
The Parties agree to collectively fund the comprehensive process per the
funding formula included as Attachment 'B' subject to a maximum amount of $150,000; and
The Parties agree to remit their payment of all invoices received from the lead agency
within 30 days of receipt.
Term of the Agreement
This Agreement shall begin on the Effective Date and shall remain in effect until the
delivery of the Final Report described in Attachment A (Scope of Services), including any
presentations described therein. The consultant should prepare, present, and defend their
recommendations, which will then end the terms of their agreement.
IN WITNESS WHEREOF, this Agreement is made on that date first written above
between all and among the incorporated Cities of Monterey County, the Pebble Beach
Community Services District, the County of Monterey, the Salinas Valley Solid Waste
Authority and the Monterey Regional Waste Management District.
CITY OF GONZALES
City Manager:
Dated:
CITY OF GREENFIELD
City Manager:
Dated:
CITY OF KING
City Manager:
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Dated:
3
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Page7
CITY OF DEL REY OAKS
City Manager:
Dated:
CITY OF CARMEL-BY-THE-SEA
City Manager:
Dated:
CITY OF MARINA
City Manager:
Dated:
CITY OF MONTEREY
City Manager:
Dated:
CITY OF PACIFIC GROVE
City Manager:
Dated:
CITY OF SALINAS
City Manager:
Dated:
CITY OF SAND CITY
City Manager:
Dated:
CITY OF SEASIDE
City Manager:
Dated:
COUNTY OF MONTEREY
County Administrative Officer:
Dated:
SALINAS VALLEY SOLID WASTE MANAGEMENT DISTRICT
General Manager/CAO:
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Dated:
4
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Page8
MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT
General Manager:
Dated:
PEBBLE BEACH COMMUNITY SERVICES DISTRICT
General Manager:
8g(3)
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Dated:
5
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Page9
ATTACHMENT A
Request for Proposals Scope of Work
To
Evaluate and Analyze
Monterey County's Solid Waste Management System
This Request for Proposals is issued on behalf of the County of Monterey (the
'County'), a political subdivision of the State of California; the Salinas Valley Solid Waste
Authority ('SVSWA'), a Joint Powers Authority, and the Monterey Regional Waste
Management District ('MRWMD'), a Special District for the State of California, (collectively,
the 'Agencies'); the Cities of Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King
City, Marina, Monterey, Pacific Grove, Salinas, Sand City, Seaside, and Soledad
(collectively the 'Cities'), municipal corporations; and the Pebble Beach Community Services
District ('PBCSD'), all collectively referred to as the 'Parties'.
I.
Introduction
Integrated waste management services in Monterey County
The solid waste landfills and waste diversion operations in the County of Monterey
are owned, operated, and provided by three separate public agencies, multiple franchise
collection haulers, and private vendors. The Salinas Valley Solid Waste Authority
("SVSWA") serves the eastern portion of the County and operates the Johnson Canyon
Landfill. Additionally, the SVSWA operates the Sun Street Transfer Station and the Jolon
Road Transfer Station. SVSWA is also responsible for the maintenance and environmental
monitoring of three closed landfills (i.e., Crazy Horse Canyon Landfill, Lewis Road Landfill,
and the Jolon Road Landfill). The Monterey Regional Waste Management District
("MRWMD"), a Special District of the State of California, serves the western portion of the
County and operates the Monterey Peninsula Landfill near Marina. The Monterey County
Environmental Health Bureau (EHB) provides public education, some AB 939 services and
franchise collection contract administration for the entire unincorporated area of Monterey
County and holds membership in both solid waste agencies. The purpose of SVSWA and
MRWMD is to provide secure long-term solid waste disposal, assist jurisdictions in meeting
state and local diversion requirements and waste reduction education services to all of its
members in an environmentally sound and cost-effective manner.
II.
Project Background
A.
Difference in tipping fees
There are several solid waste and recycling issues in Monterey County that can benefit
from a comprehensive analysis to determine if there are better methods to manage waste and
diversion operations in the County more efficiently. Among the several solid waste issues,
but not limited to, are the following: (1) franchised collection vehicles in Monterey County
traveling the shortest and most efficient routes to deliver waste for processing and disposal;
(2) need to construct additional transfer or materials recovery facilities (MRFs) for processing
wastes originating from within Monterey County; (3) collection routing efficiencies; (4) need
for and most suitable location of new management and processing facilities; (5) ability to
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achieve state and local diversion goals and mandates; and (6) remaining permitted landfill
capacity within Monterey County.
Furthermore, there are several current economic and infrastructure issues that are under
discussion for SVSWA and MRWMD member agencies that include, but are not limited to:
(a) landfill tipping fee rate increase discussions for Agency member cities, (b) potential new
facilities and operations for SVSWA and MRWMD, (c) issues of significant decline of solid
waste to both SVSWA and MRWMD landfills and the resultant economic impacts on member
agencies collection rates, (d) potential new higher diversion mandates by the state, (e) a new
recycling and solid waste franchise RFP for seven of the MRWMD member agencies,
released May 31, 2013, (f) potential pending withdrawal from the SVSWA by the County, and
(g) post-closure landfill costs and liabilities associated with the three SVSWA closed landfills.
Among the issues identified, the Study should include consultant review and analysis on issues
(a) through (d) and NOT issues (e) through (f).
There is a difference between the basic tipping fees for waste disposal charged by
SVSWA (current tipping fee $67.00, plus approximately $0.75- $1.00 per household/month
for AB 9393 programs) and MRWMD (current tipping fee $48.25). Based on the information
provided by the SVSWA, its tipping fees have tended to be higher for three major reasons: 1)
SVSWA has a large debt of $37.5 million which was used to purchase the Crazy Horse
landfill and improve and fix the four old and inadequately funded landfills (Crazy Horse
Canyon, Lewis Road, Johnson Canyon, and Jolon Road) that it received from County and the
City of Salinas and to develop landfill capacity, and 2) SVSWA provides transfer station
services that reduce landfill traffic, and 3) SVSWA has an annual landfill legacy liability of
$3.0 million per year for debt payments and maintenance of the three closed landfills. Both
agencies have in recent years relied on importation of waste from agencies and jurisdictions
outside of Monterey County to support ongoing operations. The SVSWA has experienced
financial challenges as a result of the uncertainty of this revenue stream. The SVSWA has
recently implemented rate changes to provide for funding agency operations without the
necessity of waste importation. Integrated waste management system of the SVSWA should
be evaluated based on the full cost of service without waste importation revenues.
B.
Waste hauling patterns
MRWMD owns and operates a site for processing and disposal of waste. It is located
at the Monterey Peninsula Landfill site; a 470-acre parcel located two miles north of the City
of Marina, one mile east of State Highway 1 in unincorporated Monterey County. On the
site, the District owns and operates a Household Hazardous Waste Facility, the Last Chance
Mercantile (reuse) store, a five megawatt landfill gas to energy project, a materials recovery
facility (C&D, commercial and self-haul) and the Monterey Peninsula Landfill. Waste is
hauled directly to the site by franchised haulers serving the seven Monterey Peninsula cities
and western Monterey County areas between and including Moss Landing, Big Sur, and
Carmel Valley, a service area of 853 square miles.
A transfer station in Carmel Valley is owned and operated by franchise hauler Waste
Management. Two Material Recovery Facilities process single stream material, one is
owned by the City of Monterey, located in Ryan Ranch and operated by Monterey Disposal
Service; the other is located in Castroville, owned and operated by franchise hauler Waste
Management (there are deed restrictions affecting use of the Castroville property).
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The waste flow patterns for the SVSWA are best illustrated by the maps included as
Exhibit 2 that illustrate both the current and strategic waste flow maps.
In addition to the structural differences in tipping fees; service area boundaries and
waste flow control restrictions of the MRWMD and SVSWA and the way waste is transported
also may impact the disparity in rates and results in some inefficiency.
A comprehensive analysis of collection, rates, facilities and other issues could provide
some cost efficiencies between SVSWA and the MRWMD, as stated under Section Ill,
Purpose and Goals of the RFP.
C.
Strategic Outlooks
In addition, the SVSWA and the MRWMD have different strategic outlooks. Among
other differences, the MRWMD seeks to monetize its significant capacity at the Monterey
Peninsula Landfill through importation of waste from outside Monterey County to subsidize
lower rates for its constituents. The SVSWA seeks to eliminate landfilling as the preferred long
term management strategy for non- recyclable waste.
All the Cities of Monterey County, the County of Monterey, the PBCSD, SVSWA and
MRWMD, (the Parties) are requesting proposals from qualified firms or individuals interested
in conducting an evaluation of the current solid waste management system in Monterey
County and exploring alternatives for creating a system for collaborative approach to solid
waste management throughout the County, one that can be more responsive to the needs of all
Monterey County communities.
Ill.
Purpose and Goals of the RFP
The Parties are requesting proposals from qualified firms or individuals interested in
conducting an evaluation of the integrated waste management system in Monterey County.
The purpose of this RFP is to obtain a comprehensive county-wide analysis of the solid waste,
private and public collection, processing, disposal operational/infrastructure and financial
issues of SVSWA and MRWMD in Monterey County that can result in a more cost effective
approach to providing solid waste and recycling services to its member agencies, while still
meeting or exceeding state and local waste diversion mandates. The comprehensive analysis
should be completed in a manner that would provide actionable recommendations for
consideration by the Parties. The recommendations considered for implementation by the
SVSWA and the MRWMD should result in Monterey County constituents receiving the most
cost effective, sustainable, and environmentally and economically viable solid waste and
waste diversion management services available while meeting all regulatory obligations and
liabilities, and to reduce waste. Acceptance of out-of-county waste by the District is
anticipated to benefit all County ratepayers.
The objective of this analysis is not to merge the two existing solid waste processing
and disposal agencies.
Both agencies will set their respective rates as their Boards see fit and nothing in this
analysis has the objective of establishing a uniform and equalized countywide rate structure
between the two authorities.
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IV.
Scope of Services
The comprehensive solid waste and recycling analysis being sought by the Parties will
require the completion of the following tasks: (In responding, please identify the order for
completing these tasks and any other tasks that may be necessary to complete the Scope of
Work.)
1. Facilitate a workshop(s) of all Parties to identify and develop a consensus on those
operational, financial, political, and legal issues and alternatives anticipated to be
addressed in the study, and the process to be followed.
2. Evaluate the advantages and disadvantages, and recommend potential cost efficiencies
of a modified or collaborative use of the SVSWA and MRWMD facilities and evaluate
the best long and short term use of the existing and projected county-wide transfer
stations, waste processing facilities (existing and proposed) and landfills in the County,
including an analysis of capacity impacts.
3. Evaluate the best beneficial uses, associated costs, and efficiency of existing or
proposed transfer stations, both public and private recycling facilities, both public and
private materials recovery facilities, and other waste recycling, composting, waste
reduction and reuse systems existing or proposed within the county.
4. Identify an appropriate cost model that could, stabilize, and ideally lower fee structures
within the entire County taking into consideration debt structures, franchised collection
rates, physical assets, revenue streams, and state mandated requirements to reduce
landfilling of waste and other issues as appropriate.
5. Evaluate the current landfill tipping fee rates for the SVSWA and the MRWMD and
identify methods that could minimize future rate impacts and increases.
6. Review the landfill tipping fee rate structure that accounts for differential MRWMD and
SVSWA system debt and liability.
7. Evaluate the initiatives, goals and objectives of both the SVSWA and the MRWMD to
determine similarities and differences and how these policies impact the projected cost
of operations, waste disposal, and ability to meet state regulations and goals to reduce
per capita landfilling of wastes.
8. Evaluate commercial collection rate structure for unincorporated and incorporated areas
of Monterey County and recommend adjustments.
9. Evaluate financial and operational benefits and challenges of Monterey County
integrated waste management services, programs and franchise administration not
currently under direction of the SVSWA and MRWMD.
10. Assess advantages/disadvantages of changing current flow control measures (e.g.,
waste routes efficiency, carbon footprint reduction, etc.)
11. Evaluate how best to fund and meet AB 939 requirements given that the MRWMD, the
SVSWA, the County, all franchise haulers, and cities pay for and manage AB 939
programs.
12. Evaluate the long-term projected landfill tipping fee rate increases of the different
options.
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The selected consultant shall utilize the information gathered in the above-described process
to develop recommendations and scenarios which would objectively identify potential
principles for managing solid waste and recycling and waste reduction that would create the
most cost effective and sustainable model possible in Monterey County. At least one
scenario should include evaluation of private sector operations or a mix of public and
private partnerships.
The selected consultant shall also develop recommendations that:
1. Identify best practices and performance measures that most effectively utilize
existing and planned waste collection and processing infrastructure and future landfill
capacity, reduce per capita landfilling of waste and reduce, control or minimize costs
for all existing and future residents and business in the county.
2. Identify options for improved operations, collaboration and reduced costs for all
residents of the County. Options should be consistent with the current Source
Reduction and Recycling Element, the Household Hazardous Waste Element and the
Non-Disposal Facility Element for the County of Monterey and its Cities.
3. Identify more streamlined procedures and processes for current and required functions
regarding landfill and waste diversion operations, Materials Recovery Facilities
(MRFs), recycling, composting, reuse, and other waste reduction strategies and
programs, and associated costs.
4. Analyze options for increasing long-term sustainability.
5. Provide options for streamlining the transportation and delivery system of waste,
recycling, green waste/food waste/organics, C&D and other materials countywide.
6. Provide the most effective organizational structure options and identify preferred
alternatives.
7. Present other options not mentioned here that the consultant believes could provide the
best alternative to the present systems of disposing, diverting and regulating solid
waste in Monterey County.
V.
Working Relationships
This RFP is being issued by the Parties and it is expected that the successful prime
Consultant and any Sub-Consultants will report to a Subcommittee.
The Solid Waste Subcommittee is tasked with steering and managing this process and
working with the designated County, City, District and Authority staff for data gathering and
review of data information. The City Managers in the Subcommittee will report back to the
City Managers of all the cities (who would in turn be responsible for reporting back to their
respective councils).
VI.
Deliverables
At the conclusion
of the countywide comprehensive
analysis, the consultant shall, as described in the Scope of Work:
solid waste and recycling
1. Provide a Preliminary Report of Findings and Recommendations that effectively
summarizes and communicates the required information in the Scope of Services
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2. Present the Preliminary Report of Findings and Recommendations to the Solid
Waste Subcommittee meeting and respond to the Subcommittee's questions regarding
the findings and recommendations;
3. Identify key issues and opportunities,
4. Formulate recommendations and preferred alternative(s);
5. Prepare the Final Report of Findings and Recommendations, which would include
addressing the Subcommittees' questions, comments, concerns and inclusion of
additional analysis.
VII.
Final Report & Presentation
The Final Report Issued shall:
1. Include an Executive Summary summarizing the findings and recommendations as
identified in the Scope of Services.
2. Shall address all areas listed in the scope of services and provide the information
necessary for policy decisions regarding the operational and service options.
3. Include as attachments/exhibits or via reference all spreadsheets, reports, studies,
sources, or other documentation prepared or utilized by the Consultant
4. Be presented by the Consultant as necessary and directed by the Solid Waste
Subcommittee to governing boards of the Parties of this RFP. In order to facilitate
the presentation, consultant should prepare a PowerPoint presentation or utilize other
presentation tools/media to maximize the understanding of the Final Report.
5. Be provided via 15 written copies and in electronic format including all the exhibits,
tables, spreadsheets, etc., utilized.
VIII. Proposed Timeline
8g(3)
Release of RFP
December 27, 2013
Bidders Conference
January 13-17, 2013
RFP Closes
February 10, 2014
Evaluation of RFP
February/March 2014
Selection & Engagement of Consultant
March 2014
Release & Presentation of Preliminary Report
of Findings & Recommendations
June 2014
Release & Presentation of Final Report of
Findings and Recommendations
September 2014
Consideration and Implementation of Findings
& Recommendations by Parties
September 2014
Page15
11
8g(3)
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ATTACHMENT B
Cost Sharing Plan
The Parties agree to share in the overall costs which are estimated to not exceed $150,000 as
follows:
$50,000 between the Authority and District = $25,000 each.
$100,000 between the Cities, PBCSD and County = (pursuant to the formula in the table
included as Exhibit 1).
The Parties understand that all efforts will be made by the Solid Waste Management
Study Subcommittee of MBAMG to keep costs as low as possible.
The Parties agree that the City of Gonzales as the lead agency will invoice each
participant its Percentage share of the costs pursuant to the payment schedule negotiated
with any retained consultants or experts.
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Exhibit 1
Cost Sharing Allocation for the Evaluation and Analysis of the Monterey County Solid Waste System
Blended by Percentage of Population, Solid Waste Generation & Assessed Valuation
$100,000
Population
Estimates
1/1/2013 *
County/City Total Population
% of Total
% of Solid Waste
Population in
Generated
the County
Countywide**
% of Assessed
Valuation
Countywide***
Est Cost Share
403,167
Carmel-By-The-Sea
3,775
0.94%
2.65%
6.24% $
Del Rey Oacks
1,648
0.41%
0.44%
0.46%
435.89
Gonzales
8,296
2.06%
1.40%
0.87%
1,443.06
Greenfield
16,729
4.15%
1.69%
0.98%
2,274.19
King City
13,073
3.24%
2.07%
1.31%
2,208.20
Marina
20,073
4.98%
4.75%
2.94%
4,224.55
Monterey
23,991
5.95%
11.19%
9.01%
8,715.49
Pacific Grove
15,268
3.79%
4.15%
5.23%
4,387.08
153,215
38.00%
25.52%
17.24%
26,918.46
Salinas
Sand City
3,278.06
338
0.08%
0.66%
0.46%
401.04
Seaside
29,214
7.25%
7.78%
3.53%
6,184.75
Soledad
16,047
3.98%
2.36%
1.30%
2,547.06
0.00%
3.41%
0.00%
1,138.05
101,500
25.18%
31.93%
50.42%
35,844.13
403,167
1.0000
100.00%
Pebble Beach****
Balance of Monterey County
Subtotals
100.00% $
100,000.00
Agencies
Salinas Valley Solid Waste Authority
Monterey Regional Waste Management
Disrict
Subtotal
Total Estimated Budget
*Department of Finance Demographic Research Unit (5/1/13): Population Minus Exclusions
**Information from the 2011-2012 Annual Reports of the SVSWA and MRWMD.
***Information Provided by the Monterey County Assessor
****Amount will be covered by Monterey County
8g(3)
Page17
$
25,000.00
$
25,000.00
50,000.00
$
150,000.00
8g(3)
Page17
City
Transfer Station
Landfill
North Mo. Co.
Castroville
MRWMD
Marina
Waste Origin Delivery
Madison
Transfer Station
Salinas
Johnson Canyon
Landfill
Sun Street
Transfer Station
Gonzales
Soledad
Waste Transfer to
Residue from
Autoclave
SVSWA
Current
Waste
Flow
Greenfield
Jolon Road
Transfer Station
8g(3)
Page18
King
City
8g(3)
South
Mo. Co.
Page18
SVSWA Strategic Waste Flow
8g(3)
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Page19

AGENDA Tuesday, December 17, 2013 5:30 P.M. Closed Session 6

Transcription

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