Agenda — Marina City Council, April 19, 2022

AGENDA

Tuesday, April 19, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY

Council Chambers
211 Hillcrest Avenue
Marina, California

Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-34, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of April 30, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this a genda. Instructions on how to acce ss, vie w and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by usi ng the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distr ibuted before the meeting if received by 5:00 p.m. on the day of the meeting. All com ments received will become part of t he record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materi als, staff reports and background information related to regular agenda items are available on the City of Marina’s websit e www.cityofmarina.org. Materials r elated to an item on this agenda submitted to the Coun cil after distribution of the agenda packet will be made available on the City of Mari na website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 2

VISION STATEMENT
Marina will grow and mature from a small tow n bedroom community to a small city which i s diversified, vibrant and through pos itive 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 bala nce of housing, jobs and business opportuni ties that will result in a community c haracterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of munici pal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

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

3. CLOSED SESSION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive 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, anticipated litigation, significant exposure t o litigation pursuant to paragraph (2) or (3) of subdivision (d) of CA Govt. Code sec. 54956.9 – one potential case.
b. Public Employment Appointment (Govt. Code Section 54957(b)(1):

Position: City Attorney
c. Property Negotiations
i. Property: Marina Station Project, a 320 -acres site located on the northern boundary of the City, APNs 203-011-023, 203-011-024, 175-011-038, 175-011- 045 and 175-011-046).

Negotiating Party: Valle Del Sol Properties, LLC, the Rameriz Family Revocable Trust, the Villam Legacy Irrevocable Trust, and 3rd Millenniu m Partners, Inc.

Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION

4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 3

5. SPECIAL PRESENTATIONS: None

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pro vided to the Su ccessor Agency of the former Redevelopment Agency on all matters lis ted under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a question or make a c omment a bout an agenda item and s taff wil l provide a response. If discussi on or a lengthy explanation is requ ired, that item will b e 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. CONSENT AGENDA: Background information has been provid ed 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 routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a mo tion 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 di scussion or a lengthy ex planation 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 99666-99771, totaling $612,976.50 b. MINUTES:
(1) April 5, 20222, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the following claim and direct sending appropriate notice of rejection to claimant: Jeremiah Smith for a claim received on March 21, 2022 d. AWARD OF BID:
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council c onsider adopting Resolution No. 2022-, regarding the Ralph M.

Brown Act (California Governmen t Code §§54950 -54963, making certain findings; and authorizing the city to continue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period May 1, 2022, through May31, 2022.

Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 4

(2) City Council consider adopting Resolution No. 2022-, authorizing the release of a Request for Proposals (RFP) to qualified firms for odor attribution study. g. APPROVAL OF AGREEMENTS:
(1) City Council consider a dopting Resoluti on No. 2022 -, approving a Lease Agreement between the City of Marina and Joby Aero, Inc. for 210 8th Street and Authorizing City Manager to execute the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney. (2) City Council consider adopting Resol ution No . 2022 -, approving the updated agreement, work plan and budget for Access Monte rey Peninsula (AMP) for public, education and government (PEG) broadcasting services for FY 2022-23; and, authorizing the City Manager to execute the agreement on behalf of the City; and, authorizing the Finance Director to make the necessary budgetary and accounting entries and appropriate payments to Access Monterey Peninsula. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Cou ncil consider a dopting O rdinance No. 2 022-, approving text amendment amending Title 9 of the Marina Municipal Code adding Section 9.26 “Military Equipment”.
m. APPROVE APPOINTMENTS:

9. PUBLIC HEARINGS:

10. OTHER ACTION S ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA REDE VELOPMENT AGENC Y: Action l isted for each Agenda i tem is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pub lic is invited to approach th e pod ium to provide up to four (4) min utes 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 continued discussion from the January 25, 2022 City Council Meeting regarding unmet city facilities, infrastructure, public safety and staffing needs and funding options to address these needs and provide direction as appropriate.

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 5

b. Council and staff op portunity to ask a questio n for clarification or m ake a b rief report on his or her own activities as permitted by Government Code Section 54954.2.

13. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was po sted at Cit y Hall and Council Chambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corne r of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, April 15, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redev elopment Agency meet ings 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 v iewed live on the meeting night and at 1 2:30 p.m. and 3:00 p.m. on Cable Chan nel 2 5 on th e Sunday following th e Regular City Council meeting date. In addition, Council m eetings can be viewed at 6 :30 p.m. every Monday, Tuesday a nd W ednesday. For more information ab out viewing the Counc il Meetings on Chann el 2 5, y ou ma y contact Acc ess M onterey Peninsula directly at 831-333-1267.

Agenda items and staff re ports are publi c re cord a nd are available for public review on the City's website (www.ciytofmarina.org), at the Monterey C ounty Marina Li brary 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 pu blic review at the City C lerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment A gency Age nda at a cos t of $55 per ye ar or by p roviding a self -addressed, stamped envelope to the C ity Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS A RE OP EN TO THE PUBLIC. T HE CIT Y OF M ARINA DO ES N OT DISCRIMINATE AGAINST PERS ONS WITH D ISABILITIES. Council Chambers are whee lchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive list ening devices, sign language i nterpreters, readers, large prin t agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 2 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C om mis s i o n, M a r i n a Ab r a m s B N o n - P r o f i t C or p o r a t i o n , P r e s t o n P ar k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i n a Gr oundw a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p . m . C l o s e d S e s s i o n ; 6 : 30 p .m . R e g u la r O p e n S es s i o n s
Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 6

Tuesday, May 3, 2022
Tuesday, May 17, 2022

*Wednesday, September 7, 2022
Tuesday, September 20, 2022

Tuesday, June 7, 2022
Tuesday, June 21, 2022

**Thursday, October 6, 2022
Tuesday, October 18, 2022

*Wednesday, July 6, 2022
Tuesday, July 19, 2022

Tuesday, November 1, 2022
Tuesday, November 15, 2022

Tuesday, August 2, 2022
Tuesday, August 16, 2022
Tuesday, December 6, 2022
Tuesday, December 20, 2022

* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to Religious Holiday NOTE: Regular Meeting dates may be rescheduled by City Council only.

_________________________________________

CI T Y H A L L 2022 H O L I D A Y S
(City Hall Closed)

Memorial Day -------------------------------------------------------------- Monday, May 30, 2022 Independence Day (City Offices Closed) -------------------------------- Monday, July 4, 2022 Labor Day ------------------------------------------------------------- Monday, September 5, 2022 Veterans Day ---------------------------------------------------------- Friday, November 11, 2022 Thanksgiving Day ------------------------------------------------ Thursday, November 24, 2022 Thanksgiving Break -------------------------------------------------- Friday, November 25, 2022 Winter Break ------------------------ Friday, December 23, 2022-Friday, December 30, 2022

__ __ ____________ __ ____

2022 COMMISSION DATES

Up c o m i n g 202 2 M e e t i n g s of D e s i g n R e v i e w B o a r d 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

June 15, 2022 September 21, 2022
April 20, 2022 July 20, 2022 October 19, 2022
May 18, 2022 August 17, 2022 November 16, 2022
December 21, 2022
U p c o m i n g 202 2 Mee t i n g s o f E c o n o m i c D e v e l o p m e n t C o m m i s s i on 3rd Thursday of every month. Meetings are held at the Council Chambers at 4:00 P.M.

June 16, 2022 September 15, 2022
April 21, 2022 July 21, 2022 October 20, 2022
May 19, 2022 August 18, 2022 November 17, 2022
December 15, 2022 (Cancelled)
Agenda for City Council Meeting of Tuesday, April 19, 2022 Page 7

Upc o m i n g 202 2 Me e t i n g s o f P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

April 28, 2022 July14, 2022 September 8, 2022
May 12, 2022 July 28, 2022 September 22, 2022
May 26, 2022 August 8, 2022 October 13, 2022
June 9, 2022 August 22, 2022 October 27, 2022
June 23, 2022 November 10, 2022

December 18, 2022

U p c o m i n g 2022 M e e t i n g s o f P u b l i c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

June 16, 2022 September 15, 2022
April 21, 2022 July 21, 2022 October 20, 2022
May 19, 2022 August 18, 2022 November 17, 2022
December 15, 2022

U p c o m i n g 2022 M e e t i n g s o f R e c r e a t io n & C u l t u r a l S e r v i c e s C o m mi ssi on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.

September 1, 2022 December 1, 2022

U p c o m i n g 2022 Me e t i n g s o f M a r i n a T r e e C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.

July 13, 2022 October 12, 2022

Bank Account: 905 - Chase - Checking
Check 04/08/2022 99666 Accounts Payable Ace Hardware 445.27 Invoice Date Description Amount.
081144 02/04/2022 propane sale 71.00
081143 02/04/2022 propane exchange 27.30
081173 02/08/2022 plastic bucket 5g wht ace 13.09
080888 01/02/2022 adapter sch40 1.08
081178 02/09/2022 sillcock key3, breaker vacuum, washer hose, thrd sl 32.72 080907 01/05/2022 sillcock key 3.27
081145 02/04/2022 bait ant maxattrax 4.36
081121 02/01/2022 keykrafter 21.34
081224 02/14/2022 battery photo lith 3v 32.75
081347 03/01/2022 auger drain 29.49
081346 03/01/2022 filter furn 49.06
081341 03/01/2022 pipe pvc dwv 44.86
081344 03/01/2022 bend j 22ga brs 18.56
081336 03/01/2022 fillr plstwood1 .8oz nat fasteners 29.10 081339 03/01/2022 bend j 20ga brs 18.56
081370 03/02/2022 fasteners 11.21
081631 04/01/2022 padlock comb 2" reset 175D 19.65
081638 04/04/2022 spray pain pro and keykrafter brass 17.87 Check 04/08/2022 99667 Accounts Payable Andersen's Lock & Safe, Inc. 55.00 Invoice Date Description Amount.
42277 03/31/2022 finance office desk drawer repair #2 55.00 Check 04/08/2022 99668 Accounts Payable Aramark Uniform Service 380.03 Invoice Date Description Amount.
511000242235 03/23/2022 veh maintenance 70.51
511000242227 03/23/2022 building and grounds 17.81
511000242231 03/23/2022 street 291.71
Check 04/08/2022 99669 Accounts Payable Ariana Moniz 24.00 Invoice Date Description Amount.
03-30-22 03/30/2022 Refund MO2000216 24.00
Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 9 4/7/2022 9:41:29 AM
Agenda Item: 8a
1 Check 04/08/2022 99670 Accounts Payable AT & T 247.86 Invoice Date Description Amount.
000017964660 03/28/2022 CALNET3-9391023437 (384-0425) 43.70 000017964688 03/28/2022 CALNET3-9391023463 (384-7854) 22.56 000017964663 03/28/2022 CALNET3-9391023440 (384-0860) 22.60 000017964693 03/28/2022 CALNET3-9391023468 (384-9148) 22.66 000017964664 03/28/2022 CALNET3-9391023441 (384-0888) 22.56 000017964691 03/28/2022 CALNET3-9391023466 (384-8477) 43.44 000017959954 03/27/2022 CALNET3-9391023471 (582-0100) 47.78 000017959960 03/27/2022 CALNET3-9391023477 (582-9803) 22.56 Check 04/08/2022 99671 Accounts Payable Certified Folder Display Service, Inc. 331.07 Invoice Date Description Amount.
592554 03/24/2022 Marina Restaurant Guide Distribution 331.07 Check 04/08/2022 99672 Accounts Payable JP Morgan Chase Commercial Card 907.85 Invoice Date Description Amount.
03-31-22 03/31/2022 Credit Card 03/31/2022 907.85
Check 04/08/2022 99673 Accounts Payable Cintas Corporation 131.99 Invoice Date Description Amount.
4115261426 04/01/2022 Mat Service City Hall 50.94
4115261338 04/01/2022 Mat Service-Police/Fire 04/01/22 81.05 Check 04/08/2022 99674 Accounts Payable Code Publishing Inc. 144.00 Invoice Date Description Amount.

GC0006577 03/30/2022 MMC Cumulative Supplement 144.00
Check 04/08/2022 99675 Accounts Payable Comcast 69.70
Invoice Date Description Amount.
03-26-22 03/26/2022 Cable Service Police & Fire 04/04/22 to 05/03/22 69.70 Check 04/08/2022 99676 Accounts Payable CSG Consultants 1,520.00 Invoice Date Description Amount.
42337 03/11/2022 Fire Inspections by CSG: Eric Rodewald 1,520.00 Check 04/08/2022 99677 Accounts Payable Daktronics, Inc. 18,909.30 Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 2 of 9 4/7/2022 9:41:29 AM
2 Invoice Date Description Amount.
6972896 03/16/2022 Preston Park Scoreboards 18,909.30
Check 04/08/2022 99678 Accounts Payable Dave's Repair Service 425.04 Invoice Date Description Amount.
33772DDG 03/04/2022 power supply/ups/freight/shipping 425.04 Check 04/08/2022 99679 Accounts Payable Emergency Vehicle Specialists 1,124.33 Invoice Date Description Amount.
13700 04/01/2022 Conversion of K-9 Unit to Patrol Vehicle 1,124.33 Check 04/08/2022 99680 Accounts Payable Ferguson Enterprise, Inc. # 1423 97.87 Invoice Date Description Amount.
9838025 03/22/2022 Airport Fuel Farm 97.87
Check 04/08/2022 99681 Accounts Payable Formation Environmental, LLC 1,366.25 Invoice Date Description Amount.
6884 03/18/2022 Groundwater Sustainability Plan 3/18/2022 878.75 6721 12/21/2021 Groundwater Sustainability Plan 12/21/21 487.50 Check 04/08/2022 99682 Accounts Payable Gavilan Pest Control 520.00 Invoice Date Description Amount.
0144155 02/28/2022 Preston Park/Squirrels 180.00
0144762 03/31/2022 Preston Park/Squirrels 180.00
0144692 03/31/2022 Marina PU/Rodents 80.00
0144092 02/28/2022 Marina PU/Rodents 80.00
Check 04/08/2022 99683 Accounts Payable George T. Powell 1,200.00 Invoice Date Description Amount.
04012022 04/01/2022 Parking Rental Fees 1,200.00
Check 04/08/2022 99684 Accounts Payable Harris & Associates 3,481.82 Invoice Date Description Amount.
52005 03/30/2022 Pre construction imjin parkway widening project 3,481.82 Check 04/08/2022 99685 Accounts Payable JAMS 476.00
Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 3 of 9 4/7/2022 9:41:29 AM
3 6125918 03/31/2022 Mediation Fee for W.C. LLC vs. Marina - March 2022 476.00 Check 04/08/2022 99686 Accounts Payable Kimley-Horn & Associates 6,511.15 Invoice Date Description Amount.
20960604 02/28/2022 Imjin Parkway safety revision 489.33 21022794 02/28/2022 2021 dev impact fee 6,021.82
Check 04/08/2022 99687 Accounts Payable LC Action 709.85 Invoice Date Description Amount.
437235 03/31/2022 Weapon Lights 709.85
Check 04/08/2022 99688 Accounts Payable Leticia Gonzales 250.00 Invoice Date Description Amount.
06-18-22 vd 03/30/2022 Rental Refund - Vince DiMaggio 250.00 Check 04/08/2022 99689 Accounts Payable Marina Coast Water District 5,720.85 Invoice Date Description Amount.
000056061 031722 03/17/2022 Reservation Locke Paddon Park 78.77 000056006 031722 03/17/2022 188 Seaside Circle 55.02
000056094 031722 03/17/2022 2660 5TH AVE 421.94
000056042 031722 03/17/2022 3040 Lake Drive 92.67
000056045 031722 03/17/2022 3100 Preston Drive 3,995.31 000056046 031722 03/17/2022 3100 Preston Drive 150.82
000056028 031722 03/17/2022 California at Jerry Court 36.77 000056040 031722 03/17/2022 Hilo Ave 27.26
000056090 031722 03/17/2022 Locke Paddon Park 60.52
000056088 031722 03/17/2022 Marina Back Flow 765.00
012016000 031722 03/17/2022 199 A Paddon Place 36.77
Check 04/08/2022 99690 Accounts Payable Mark's Mobile Locksmith 970.00 Invoice Date Description Amount.
41318_SAJ8068 02/22/2022 Door Repair 970.00
Check 04/08/2022 99691 Accounts Payable Monterey Bay Systems 612.20 Invoice Date Description Amount.
421416 03/21/2022 CDD Copier Maintenance and Overage 612.20 Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 4 of 9 4/7/2022 9:41:29 AM
4 Check 04/08/2022 99692 Accounts Payable Monterey County Peace Officers Association
840.00
Invoice Date Description Amount.
2022018R 04/01/2022 Shooting Range 04/01/2022 840.00
Check 04/08/2022 99693 Accounts Payable Monterey County Weekly 627.75 Invoice Date Description Amount.
206-090198-00002 03/17/2022 Classified ad Notice of Public Hearing 209.25 204-090198-00002 03/17/2022 Classified ad Notice of Public Hearing 209.25 205-090198-00002 03/17/2022 Classified ad Notice of Public Hearing 209.25 Check 04/08/2022 99694 Accounts Payable Monterey Regional Waste Management District

63.00 Invoice Date Description Amount
.
3450540 08/19/2021 all hands tree service reservation/hilo 36.54 3469706 09/21/2021 reservation/hilo tree 26.46
Check 04/08/2022 99695 Accounts Payable Natividad Medical Center 31.00 Invoice Date Description Amount.
03-25-22 03/25/2022 Blood Alcohol Cost 03/25/2022 31.00 Check 04/08/2022 99696 Accounts Payable New Image Landscape Co. 2,140.00 Invoice Date Description Amount.
137089 02/28/2022 Maintenance feb 2022 2,140.00
Check 04/08/2022 99697 Accounts Payable Nextel Communications - Sprint 380.81 Invoice Date Description Amount.
866147022-235 03/22/2022 Rec Dept Cell Phone Bills 380.81 Check 04/08/2022 99698 Accounts Payable Office Depot 353.90 Invoice Date Description Amount.
233791642001 03/28/2022 Office Supplies 37.56
237316939-1 04/01/2022 Office Supplies 119.69
233455271-1 03/23/2022 Office Supplies 129.88
233782227001 03/30/2022 Credit - Missing Item (37.56)
231998922001 03/22/2022 Planning supplies 59.64
233980341001 03/23/2022 Planning invoices 2.82
Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 5 of 9 4/7/2022 9:41:29 AM
5 233975949001 03/23/2022 Planning Invoices 17.93
231998922002 03/17/2022 Planning invoices 5.38
233980342001 03/23/2022 Planning Invoices 18.56
Check 04/08/2022 99699 Accounts Payable Pacific Gas & Electric 10,057.68 Invoice Date Description Amount.
313-6.MAR22 03/28/2022 PG&E 6793435313-6 10,057.68
Check 04/08/2022 99700 Accounts Payable Pure H2O 202.08 Invoice Date Description Amount.
16823 04/01/2022 Water Cooler Service Police & Fire 04/01/22 202.08 Check 04/08/2022 99701 Accounts Payable Quill Corporation 518.93 Invoice Date Description Amount.
24004285 03/24/2022 Investigations 108.12
23964796 03/22/2022 Records 94.30
24059333 03/25/2022 Chief printer 56.80
24059485 03/25/2022 Patrol 217.34
24035084 03/25/2022 Records 16.38
24053250 03/25/2022 Records 25.99
Check 04/08/2022 99702 Accounts Payable Quinn Power Systems 49.45 Invoice Date Description Amount.

FINA0305083 04/01/2021 airport finance 040121 49.45
Check 04/08/2022 99703 Accounts Payable Shea Homes 25,083.62 Invoice Date Description Amount.
015640080 100120 10/01/2020 irrigation 9th street west of 2nd 840.36 015640080 103020 10/30/2020 irrigation 9th street west of 2nd 610.59 015640080 113020 11/30/2020 irrigation 9th street west of 2nd 158.41 015640080 123120 12/31/2020 irrigation 9th street west of 2nd 158.41 015640080 012921 01/29/2021 irrigation 9th street west of 2nd 164.61 015640080 022621 02/26/2021 irrigation 9th street west of 2nd 164.61 015640080 033121 03/31/2021 irrigation 9th street west of 2nd 209.61 015640080 043021 04/30/2021 irrigation 9th street west of 2nd 164.61 015640080 053121 05/31/2021 irrigation 9th street west of 2nd 164.61 Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 6 of 9 4/7/2022 9:41:29 AM
6 015640080 063021 06/30/2021 irrigation 9th street west of 2nd 164.61 015640080 073021 07/30/2021 irrigation 9th street west of 2nd 164.61 015640080 083121 08/31/2021 irrigation 9th street west of 2nd 333.77 015640080-083120 08/31/2020 irrigation 9th street west of 2nd 576.55 015640080 093021 09/30/2021 irrigation 9th street west of 2nd 10,199.21 015640206 083120 08/31/2020 9th street parcels l&m 661.65 015640206-100120 10/01/2020 9th street parcels l&m 806.32 015640206 100120 10/01/2020 9th street parcels l&m 721.22 015640206 113020 11/30/2020 9th street parcels l&m 627.61 015640206 123120 12/31/2020 9th street parcels l&m 874.40 015640206 012921 01/29/2021 9th street parcels l&m 660.85 015640206 022621 02/26/2021 9th street parcels l&m 828.81 015640206 033121 03/31/2021 9th street parcels l&m 864.17 015640206 043021 04/30/2021 9th street parcels l&m 881.85 015640206 053121 05/31/2021 9th street parcels l&m 740.41 015640206 063021 06/30/2021 9th street parcels l&m 864.17 015640206 073021 07/30/2021 9th street parcels l&m 908.37 015640206 083121 08/31/2021 9th street parcels l&m 749.25 015640206 090121 09/01/2021 9th street parcels l&m 819.97 Check 04/08/2022 99704 Accounts Payable SpeakWrite 560.13 Invoice Date Description Amount.
6c2bd387 04/01/2022 Transcription 04/01/2022 560.13
Check 04/08/2022 99705 Accounts Payable Suburban Propane 1,022.33 Invoice Date Description Amount.
1602-105308 03/01/2022 propane 3/1/22 1,022.33
Check 04/08/2022 99706 Accounts Payable Taygeta Scientific, Inc. 2,475.80 Invoice Date Description Amount.
000423-R-0040 04/01/2022 Network Defense/Apr22 2,000.00 000708-R-0013 04/01/2022 Barracuda Spam Firewall - April 2022 475.80 Check 04/08/2022 99707 Accounts Payable TechRx Technology Services 37,546.17 Invoice Date Description Amount.
10012 04/01/2022 Veeam Virtual Backup Monthly Subscription - April 2022 380.00 Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 7 of 9 4/7/2022 9:41:29 AM
7 10007 04/01/2022 Ninite Monthly Subscription - April 2022 112.50 10032 03/31/2022 IT Support - March 2022 8,160.00
9987 04/01/2022 Microsoft Windows Server 2019 Standard License Software 3,695.13 9988 03/10/2022 Veeam Server - Dell Poweredge Backup Server 23,851.70 9925 03/01/2022 isp display with usb 959.00
9994 03/31/2022 bluebeam revu extreme end user license 387.84 Check 04/08/2022 99708 Accounts Payable U.S. Bank Equipment Finance 1,243.07 Invoice Date Description Amount.
468452636 03/25/2022 Contract 03/25/2022 1,243.07
Check 04/08/2022 99709 Accounts Payable United Site Services 260.13 Invoice Date Description Amount.
114-12961870 03/25/2022 Windyhill Park ADA 3/25/2022 260.13 Check 04/08/2022 99710 Accounts Payable Verde Design, Inc. 630.00 Invoice Date Description Amount.
03-07-22 03/07/2022 pump, track restroom improvements 012622-022522 450.00 03-31-22 03/31/2022 Glorya Jean Tate Park Restrooms 022622-032522 180.00 Check 04/08/2022 99711 Accounts Payable Wald, Ruhnke & Dost Architects, LLP 860.00 Invoice Date Description Amount.
2124901 02/28/2022 Visual Arts Building 2/1/22-2/28/22 860.00 Check 04/08/2022 99712 Accounts Payable Wallace Group, Inc. 43,363.70 Invoice Date Description Amount.
54678 11/10/2021 Annual resurfacing phase II 9/30/2021 8,022.25 55300 01/14/2022 Sea Haven City Park 12/31/2021 15,264.16 55448 01/21/2022 Glorya Jean Tate Park Restrooms 12/31/2021 754.25 55685 02/21/2022 Sea Haven City Park 2/21/2022 2,249.60 55686 02/21/2022 MLK Sculpture Outreach concept design 2,397.13 55821 04/01/2022 restroom accessibility update 187.00
55810 04/01/2022 sea haven city park 2/28/22 665.24
54300 09/23/2021 Stockade Demolition 2,987.50
55885 04/05/2022 hayes circle two lot transfer 1,900.50 55822 04/01/2022 Airport B533 Exterior 8,936.07
Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 8 of 9 4/7/2022 9:41:29 AM
8 Check 04/08/2022 99713 Accounts Payable Z.A.P. Manufacturing 393.97 Invoice Date Description Amount.
6405 02/14/2022 die cut letters and delivery 393.97
Check 04/08/2022 99714 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
04-01-22 04/01/2022 24 - MEA Dues 135.00
Check 04/08/2022 99715 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
04-01-22 04/01/2022 35 - MPFFA Dues 300.00
Check 04/08/2022 99716 Accounts Payable Premier Access Insurance 6,207.90 Invoice Date Description Amount.
04-01-22 04/01/2022 101 - Dental EE+1* 5,199.85
04-01-22. 04/01/2022 Dental Claim (04/2022) 1,008.05
Check 04/08/2022 99717 Accounts Payable Vision Service Plan 2,075.71 Invoice Date Description Amount.
04-01-22 04/01/2022 103 - Vision EE* 1,768.55
04-01-22. 04/01/2022 VSP Adjustment (04/2022) 307.16
EFT 04/08/2022 2192 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 250.00 Invoice Date Description Amount.
04-01-22 04/01/2022 23 - MPOA Dues 250.00
EFT 04/08/2022 2193 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,350.00 Invoice Date Description Amount.
04-01-22 04/01/2022 25 - POA Dues 1,350.00
905 Chase - Checking Totals: Transactions: 54 $185,653.56 Checks: 52 $184,053.56
EFTs: 2 $1,600.00
Marina, CA LIVE
AP Check Register 04-08-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 9 of 9 4/7/2022 9:41:29 AM
9 Bank Account: 905 - Chase - Checking
Check 04/15/2022 99718 Accounts Payable 2NDNATURE Software Inc. 11,300.81 Invoice Date Description Amount.
18-823-10 02/27/2022 Marina retention ponds 11,300.81
Check 04/15/2022 99719 Accounts Payable A&B Fire Protection and Safety, Inc. 295.79 Invoice Date Description Amount.
333846 03/02/2022 B529_Restaurant Bldg. - Service Fire Extinguishers 295.79 Check 04/15/2022 99720 Accounts Payable A-1 Sweeping Service 2,337.50 Invoice Date Description Amount.

March 2022 03/31/2022 Airport Sweeping Service 2,337.50 Check 04/15/2022 99721 Accounts Payable Ace Hardware 67.67 Invoice Date Description Amount.
081397 03/04/2022 spray 8.73
081449 03/11/2022 tape 58.94
Check 04/15/2022 99722 Accounts Payable Ace Hardware 412.09 Invoice Date Description Amount.
081646 04/04/2022 Misc. Maintenance Equipment for Fuel Farm 1.96 081651 04/05/2022 fasteners 14.38
081523 03/18/2022 preston park score board 72.37
081590 03/28/2022 032822 32.73
081595 03/29/2022 preston park score board 84.04
081553 03/23/2022 PARK SIGNS 43.85
081561 03/24/2022 PARK SIGNS 54.16
081596 03/29/2022 PARK SIGNS 38.30
081535 03/21/2022 PARK SIGNS 70.30
Check 04/15/2022 99723 Accounts Payable Allstar Fire Equipment Inc. 62.44 Invoice Date Description Amount.
238630 03/24/2022 Leather Shield for Div Chief Vega helmet 62.44 Check 04/15/2022 99724 Accounts Payable American Supply Co. 2,004.60 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 10 4/14/2022 9:56:28 AM 10 2963225 04/04/2022 Airport Janitorial Supplies 404.85 0167622 03/31/2022 janitorial supplies 1,449.31
0166916 03/02/2022 janitorial supplies 150.44
Check 04/15/2022 99725 Accounts Payable Aramark Uniform Service 91.07 Invoice Date Description Amount.
511000250632 04/06/2022 UNIFORMS 91.07
Check 04/15/2022 99726 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2556135 03/15/2022 ARC March 2022 282.96
Check 04/15/2022 99727 Accounts Payable AT & T 160.57
Invoice Date Description Amount.
03-27-22 03/27/2022 Phone Service 03/27/2022 160.57
Check 04/15/2022 99728 Accounts Payable AT & T 111.55
Invoice Date Description Amount.
0017964666 03/28/2022 Phone Service for Fire Alarm System_B524 43.44 000017964667 03/28/2022 Phone Service for Fire Alarm System_B533 43.44 000017964672 03/28/2022 Phone Service for AWOS 24.67
Check 04/15/2022 99729 Accounts Payable Avaya, Inc. 12.49 Invoice Date Description Amount.
2734554184 04/03/2022 Hardware 04/03/2022 12.49
Check 04/15/2022 99730 Accounts Payable Branch's Janitorial 2,275.00 Invoice Date Description Amount.
228371 04/01/2022 pressure wash exterior building 2,275.00 Check 04/15/2022 99731 Accounts Payable Carmel Fire Protection Associates 600.00 Invoice Date Description Amount.
122123 04/02/2022 Plan review and inspection for Joby Paint Booth 24 Mod, 200.00 122109 03/19/2022 Plan review and inspection for Target TI 200.00 122108 03/19/2022 Plan review and inspection at Target TI Sprinkler Phase 2 200.00 Check 04/15/2022 99732 Accounts Payable Cheryl Kent 900.00 Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 2 of 10 4/14/2022 9:56:28 AM 11 Invoice Date Description Amount.
2022-40 04/01/2022 Code enforcement investigations 900.00 Check 04/15/2022 99733 Accounts Payable Commercial Environment Landscape 2,900.00 Invoice Date Description Amount.
2796-0322 03/28/2022 Airport Landscape Services_Mar. 22 2,900.00 Check 04/15/2022 99734 Accounts Payable Consolidated Electrical Distributors, Inc. 269.16 Invoice Date Description Amount.
4914-1013285 02/22/2022 preston park score board 269.16 Check 04/15/2022 99735 Accounts Payable CSG Consultants 210,601.50 Invoice Date Description Amount.
43031 04/08/2022 Seabreeze Services 495.00
43032 04/08/2022 Monterey Bay Estates 825.00
43033 04/08/2022 Cypress Cove II 1,779.00
43034 04/08/2022 APR1801 Annual St Resurfacing 552.00
43035 04/08/2022 Imjin Widening 1,320.00
43036 04/08/2022 cip admin 185.00
43037 04/08/2022 2nd ave extension 165.00
43038 04/08/2022 local roadway safety plan 577.50
43039 04/08/2022 PFIF Update 1,650.00
43041 04/08/2022 Staff Augmentation 2,660.00
43042 04/08/2022 RWQCB 165.00
43043 04/08/2022 TAMC 1,485.00
43044 04/08/2022 Sea Haven Phase 3 Map/Plan Review 4,042.50 43045 04/08/2022 Sea Haven Phase 3a inspection 5,805.00 43046 04/08/2022 Sea Haven Phase 5A Inspection 129.00
43047 04/08/2022 Dunes phase 2 east 9,780.00
43048 04/08/2022 Dunes phase 2 west 2,060.00
43049 04/08/2022 Dunes Op site 1A 165.00
43050 04/08/2022 Dunes Phase 3 West 330.00
43051 04/08/2022 Sea Haven Inspection Phase 3B 2,322.00 43052 04/08/2022 SEA HAVEN PHASE 4 MAP/PLAN REVIEW 1,155.00 43053 04/08/2022 seacrest apartments 3108 seacrest ave 1,398.00 Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 3 of 10 4/14/2022 9:56:28 AM 12 43055 04/08/2022 Via Del Mar Subdivision 3320 Abdy Way 645.00 43056 04/08/2022 Sea Haven Phase 4 Rough grading 6,063.00 43057 04/08/2022 HOME2 SUITES BY HILTON 4,809.00
43040 04/08/2022 Permits/Development 19,161.00
43054 04/08/2022 dunes phase 1b promenade 22,435.00
41954 02/11/2022 Cypress Cove II 588.00
41955 02/11/2022 annual st resurfacing 2,145.00
41957 02/11/2022 local roadway safety plan 660.00
41958 02/11/2022 duplex housing renovation 165.00
41959 02/11/2022 Sea Haven Phase 3 Map/Plan Review 1,650.00 41960 02/11/2022 beach townhome apartments 772.50
41961 02/11/2022 Sea Haven Phase 3a inspection 3,333.00 41962 02/11/2022 sea haven phase 5a inspection 774.00
41964 02/11/2022 Dunes Op site 1A 495.00
41965 02/11/2022 dunes phase 3 east 1,942.50
41966 02/11/2022 DUNES PHASE 3 WEST 4,610.00
41967 02/11/2022 hampton inn 120 reservation road 258.00 41968 02/11/2022 Sea Haven Inspection Phase 3B 6,579.00 41969 02/11/2022 SEA HAVEN PHASE 4 MAP/PLAN REVIEW 9,130.00 41970 02/11/2022 seacrest apartments 3108 seacrest ave 1,068.00 41971 02/11/2022 dunes phase 1b promenade 825.00
41972 02/11/2022 Sea Haven Phase 4 Rough grading 5,160.00 41963 02/11/2022 dunes phase 2 east 13,219.50
42065 02/14/2022 rwqcb 660.00
42066 02/14/2022 fema 165.00
42067 02/14/2022 tamc 2,927.50
42064 02/14/2022 Staff Augmentation 4,755.00
42063 02/14/2022 premits/development 21,436.50
42476 03/11/2022 Cypress Cove II 2,130.00
42477 03/11/2022 annual st resurfacing 2,466.00
42478 03/11/2022 Imjin Widening (#401) 990.00
42479 03/11/2022 cip admin (#100) 990.00
42480 03/11/2022 2nd ave extension (#713) 165.00
42481 03/11/2022 duplex housing renovation 330.00
42482 03/11/2022 PFIF Update 660.00
Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 4 of 10 4/14/2022 9:56:28 AM 13 03/11/2022 Glorya Jean Tate Park 1,320.00
42485 03/11/2022 Staff Augmentation 4,225.00
42486 03/11/2022 MST 165.00
42487 03/11/2022 FEMA 165.00
42488 03/11/2022 TAMC 2,020.00
42489 03/11/2022 MARINA HEIGHTS INSPECTION 165.00
42490 03/11/2022 beach townhome apartments 92.50
42491 03/11/2022 SEA HAVEN PHASE 3A IN 2,229.00
42492 03/11/2022 Sea Haven Phase 5A Inspection 1,161.00 42484 03/11/2022 Permits/Development 15,851.50
Check 04/15/2022 99736 Accounts Payable Dell Computers - c/o Dell USA LP 1,072.79 Invoice Date Description Amount.
04062022 04/06/2022 Server Warranty 463.07
PO2112022 02/11/2022 Server Warranty 609.72
Check 04/15/2022 99737 Accounts Payable Emergency Vehicle Specialists 420.00 Invoice Date Description Amount.
13569 02/28/2022 Emergency Equipment Repair/Service 420.00 Check 04/15/2022 99738 Accounts Payable Fastenal Company 522.56 Invoice Date Description Amount.

CASAL150981 03/22/2022 CHAINSAW 522.56
Check 04/15/2022 99739 Accounts Payable Ferguson Enterprise, Inc. # 1423 202.32 Invoice Date Description Amount.
9794090 03/04/2022 SPUD WASHER 1.51
9806515 03/07/2022 GFP 111 ROYAL 200.81
Check 04/15/2022 99740 Accounts Payable Graniterock/Pavex Construction 884.93 Invoice Date Description Amount.
1361419 03/26/2022 cold mix 884.93
Check 04/15/2022 99741 Accounts Payable Harris & Associates 14,477.04 Invoice Date Description Amount.
51962 03/22/2022 Imjin Parkway improvement Plan 013022-022622 14,477.04 Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 5 of 10 4/14/2022 9:56:28 AM 14 Check 04/15/2022 99742 Accounts Payable Home Depot Credit Service 586.98 Invoice Date Description Amount.
7380029 10/22/2021 Replacement Exterior Lights_B519 Vault Bldg. 183.41 03-28-22 03/28/2022 LUMBER PARK SIGNS 71.52
03-31-22 03/31/2022 preston park score board 332.05
Check 04/15/2022 99743 Accounts Payable Interstate Battery 142.97 Invoice Date Description Amount.
120120302 03/23/2022 mtp-65HD 142.97
Check 04/15/2022 99744 Accounts Payable Kimley-Horn & Associates 33,215.73 Invoice Date Description Amount.
097789008-0122 01/31/2022 Imjin Parkway widening project 20,548.67 21022837 02/28/2022 Marina LRSP 12,667.06
Check 04/15/2022 99745 Accounts Payable Language Line, LLC 56.27 Invoice Date Description Amount.
10482471 03/31/2022 Transcription 03/31/2022 56.27
Check 04/15/2022 99746 Accounts Payable Mandell Municipal Counseling 232.00 Invoice Date Description Amount.
04-01-22 04/01/2022 Revenue Services - Cypress Cove II 232.00 Check 04/15/2022 99747 Accounts Payable Marina Coast Water District 201.13 Invoice Date Description Amount.
014874000 033122 03/31/2022 Utilities 03/31/2022 201.13 Check 04/15/2022 99748 Accounts Payable Marina Plumbing 172.50 Invoice Date Description Amount.
51540 03/25/2022 Check/Service Sewage Pump System_B554 Box Hangar Bldg. 172.50 Check 04/15/2022 99749 Accounts Payable Maynard Group Inc. 655.17 Invoice Date Description Amount.

IN2025830 04/01/2022 Phone Service 04/01/2022 655.17
Check 04/15/2022 99750 Accounts Payable Saber Messhenas 375.00 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 6 of 10 4/14/2022 9:56:28 AM 15 1351757 01/28/2022 PE Civil Transportation exam resigistration 375.00 Check 04/15/2022 99751 Accounts Payable Microsoft 1,719.37 Invoice Date Description Amount.

E0700IFA2D 04/11/2022 Citywide MS Office 365 - April 2022 5.00 E0700IF728 04/11/2022 Citywide MS Office 365 - April 2022 48.00 E0700IF2NF 04/11/2022 Citywide MS Office 365 - April 2022 48.00 E0700IFA2E 04/11/2022 Citywide MS Office 365 - April 2022 72.00 E0700IF20M 04/11/2022 Citywide MS Office 365 - April 2022 315.32 E0700IFA2F 04/11/2022 Citywide MS Office 365 - April 2022 1,231.05 Check 04/15/2022 99752 Accounts Payable Monterey Bay Office Products 380.20 Invoice Date Description Amount.
469127229 04/01/2022 City Hall Copier Lease Payment - April 2022 380.20 Check 04/15/2022 99753 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 13,411.70 Invoice Date Description Amount.
28888A-IN 03/18/2022 City Wide Fuel 7,227.42
28962A-IN 04/05/2022 City Wide Fuel 6,184.28
Check 04/15/2022 99754 Accounts Payable Monterey One Water 894.70 Invoice Date Description Amount.
12-000009 033122 03/31/2022 208 Palm Ave 030122-043022 161.20 13-000183 033122 03/31/2022 4th Ave Dy Dr 241.80
13-000325 033122 03/31/2022 2800 2nd Ave 40.30
13-000143 033122 03/31/2022 3220 Imjin Rd 24.20
12-003949 033122 03/31/2022 209 Cypress Ave 80.60
12-003245 033122 03/31/2022 3254 Abdy Way 40.30
12-003451 033122 03/31/2022 0 Seaside Ave & Reservation Rd 40.30 12-001708 033122 03/31/2022 304 Hillcrest Ave 40.30
13-000152 03312 03/31/2022 741 Neeson Rd 527 24.20
12-000192 033122 03/31/2022 3200 Del Monte Blvd 40.30
12-001627 033122 03/31/2022 211 Hillcrest Ave 161.20
Check 04/15/2022 99755 Accounts Payable Monterey Regional Waste Management District
18,264.81
Invoice Date Description Amount
Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 7 of 10 4/14/2022 9:56:28 AM 16 .
03-SB13832122 03/29/2022 billing for 50% of FY 2021-2022 17,761.00 3552781 02/18/2022 Fire Station Tree Removal - Load 1 41.16 3552824 02/18/2022 Fire Station Tree Removal - Load 2 202.35 3552765 02/18/2022 Removal of Junk Items from Airport Shop 51.24 3552879 02/18/2022 Fire Station Tree Removal - Load 3 36.96 3552947 02/18/2022 Fire Station Tree Removal - Load 4 112.10 3573367 03/25/2022 REFRIGERATOR 60.00
Check 04/15/2022 99756 Accounts Payable Monterey Signs, Inc. 234.89 Invoice Date Description Amount.
20599 02/14/2022 Marina high softball sign 234.89
Check 04/15/2022 99757 Accounts Payable Motorola Solutions, Inc. 1,500.00 Invoice Date Description Amount.
8230357664 02/12/2022 Crime Reports Subscription Mar-2022 to Mar-2023 1,500.00 Check 04/15/2022 99758 Accounts Payable My Chevrolet 621.54 Invoice Date Description Amount.

CVCS245227 03/29/2022 17 CHEVY CAPRICE POLICE 521.75
CVCS244316 02/25/2022 18 CHEVY TRUCK COLORADO 99.79
Check 04/15/2022 99759 Accounts Payable NAPA Auto Parts 315.07 Invoice Date Description Amount.
4006-897833 03/24/2022 alternator 315.07
Check 04/15/2022 99760 Accounts Payable New Image Landscape Co. 2,140.00 Invoice Date Description Amount.
137437 03/31/2022 landscape maintenance for march 2022 2,140.00 Check 04/15/2022 99761 Accounts Payable Robert R. Wellington 495.00 Invoice Date Description Amount.
26119 03/22/2022 Joby Aero Inc_February 2022 234.00
26115 03/22/2022 Marina Municipal Airport Matters_February 2022 261.00 Check 04/15/2022 99762 Accounts Payable Ryan Ranch Printers 455.21 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 8 of 10 4/14/2022 9:56:28 AM 17 22945 04/05/2022 City Letterhead - 2500 Sheet 455.21 Check 04/15/2022 99763 Accounts Payable Salinas Valley Pro Squad 1,024.61 Invoice Date Description Amount.
320129 03/22/2022 Police Uniforms and Equipment 589.91
319753 03/17/2022 Police Uniforms and Equipment 212.98
319789 03/05/2022 Police Uniforms and Equipment 221.72
Check 04/15/2022 99764 Accounts Payable Taygeta Scientific, Inc. 317.01 Invoice Date Description Amount.
000853 04/05/2022 Quarterly PD NAS Support & Data - Q1 2022 317.01 Check 04/15/2022 99765 Accounts Payable TechRx Technology Services 3,193.11 Invoice Date Description Amount.
9996 03/31/2022 GPS USB 98.33
9981 03/02/2022 Replacement Laptop/Desktop for Airport Services Mgr. 2,426.65 9995 03/21/2022 cellular camera 668.13
Check 04/15/2022 99766 Accounts Payable Thermo Scientific Portable Analytical Instruments
37,036.84
Invoice Date Description Amount.
4052022 04/05/2022 TruNarc 37,036.84
Check 04/15/2022 99767 Accounts Payable U.S. Bank Equipment Finance 216.32 Invoice Date Description Amount.
468776083 03/29/2022 CDD Copier Lease - April 2022 216.32 Check 04/15/2022 99768 Accounts Payable Verde Design, Inc. 857.50 Invoice Date Description Amount.
05-05-21 05/05/2021 Glorya Jean Tate Park Restrooms 032621-042521 857.50 Check 04/15/2022 99769 Accounts Payable Verizon Wireless 366.32 Invoice Date Description Amount.
9902688108 03/25/2022 FD Mobile Charges - Feb 26 - March 25, 2022 366.32 Check 04/15/2022 99770 Accounts Payable Wallace Group, Inc. 19,801.00 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 9 of 10 4/14/2022 9:56:28 AM 18 55467 01/21/2022 Blight Removal 12/31/2021 19,801.00 Check 04/15/2022 99771 Accounts Payable Ward Diesel Filter Systems 11,212.85 Invoice Date Description Amount.
6207 04/06/2022 Remove & install No smoke diesel exhaust for 2021 Rosenbauer 11,212.85 EFT 04/15/2022 2215 Accounts Payable Enterprise FM Trust 101000019 / 208022067 21,542.30 Invoice Date Description Amount.

FBN4441445 04/05/2022 Lease Payment / Apr22 21,542.30
EFT 04/15/2022 2216 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,420.00 Invoice Date Description Amount.
22-07 04/08/2022 Services 03-28/04-07-22 3,420.00
905 Chase - Checking Totals: Transactions: 56 $427,322.94 Checks: 54 $402,360.64
EFTs: 2 $24,962.30
Marina, CA LIVE
AP Check Register 04-15-22
Bank Account: 905 - Chase - Checking
Batch Date: 04/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 10 of 10 4/14/2022 9:56:28 AM 19 Agenda Item: 8b(1)
City Council Meeting of
April 19, 2022

MINUTES
Tuesday, April 5, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-34, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of April 30, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet a t https://accessmediaproductions.org/

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRES ENT: Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro-Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. CLOSED SESSION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive 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.
1 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 2

a. Property Negotiations
i. Property: Storage 210 8Th Street, Marina, CA 93933
Negotiating Party: Joby Aero, Inc
Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION
Robert Rathie, Legal Counsel reported out Closed Session: Council met in Closed Session with regard to the one item listed under Real Property Negotiations, C ouncil received information, provided direction to its negotiator and no reportable action was taken.

4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

5. SPECIAL PRESENTATIONS:

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 a nd Public. Any member of the pub lic 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 r eferred to staff and/o r place d on a futu re agenda. Ci ty Coun cil members or City staff may briefly respond to stat ements made or questions posed as permitted by Go vernment Code Sec tion 54954.2. In order that all inter ested 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. • Mike Owen – Asked if city manager could provide any more information about the plans to bring the committees and commissions back to life. Commented on the trees that were removed recently by Shea Homes. What are the plans to ho lding Shea accountable? Submitted information about the trees that were removed and wanted to know if the city could verify that he was accurate. • Liesbeth Visscher – Commented on the recent removal of trees by Sh ea without approval in Phase 3 which was to go before the Planning Commission on April 14th. Asked to postpone any new tree removal permit requests until the developer has explained what went wrong . A sked about reinstating the Tree Committee. A sked if residents will have a chance to legally visit the area to document existing trees? What is the pen alty for illegal tree rem oval? Will warrant ies be put in agreements?
• Grace Silva-Santella – Commented on the search efforts to l ocate the missing child, thanked the gentleman who found the girl. Commented on the removal o f the trees without respecting the public process, not permits and not the first time this happened. Tree removal for Phase 3 should be postponed until an arborist report has been made publi c. Commented on the United Nations Panel on Climate Change report.
• Mariah – Asked how CSUMB East Campus household can receive the food bin/composting buckets.
• Tina Walsh – Agrees with previous speakers related to the tree removal by Shea Homes. Supports postponing Phase 3 tree removal requests until Ph ase 2 is completed. Noted that there were no residents in this area in 2005 when the development was proposed. Believe the current residents should have a say in the tree removal process.
2 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 3

• Tommy Bolea – Commented on the need to save a s many trees as possible and Cypress Knolls has a lot of trees. Commented on poor cell phone co verage in Marina. Comme nted on the ongoing increase in gas. Commented that police card should have mounted cameras on their license plates. • Mike Kennedy – Agrees with previous speakers relat ing to the trees. Q uestioned the reduction of the Greenbelt for the Shea Development. Asked what did the Marina get out of the reduction? • Liz Billingsley – Agree with everybody that spoke, no cutting down the trees that gives us oxygen .

Developers can build around the trees as done in other places. • Brian McCarthy – Commented on bringing the commissions and board s back online. Noted other cities brought th eirs online with in weeks of the pande mic. How have we benefited by essentially disbanding these bodies? What does Staff look like today? • Council Member Medina Dirksen – Asked about the Rec. Commission and special events such as the Labor Day Parade. Asked for update on who will oversee the Recreation while we search for a director. Announced that on May 21, 2022 from 11:30am-2:00pm will be a Celebration of Life for Terry Siegrist at Vince Di Maggio Park. Announced she attended a 3-day Policymaker conference in Yosemite. Spoke about new scoreboards at some pf the ballfields • Mayor Delgado – Announced Marina Earth Day on Saturday, April 23, 2022 from 9:00am-1:00pm at Locke Paddon Park just outside the front doors of the Marina Library. Thanked the volunteers that came out to Preston Park and Los Arboles Sports Comple x to help clean up the parks prior to opening da y. Thanked everyone who participated in searching for the missing child who was found around mid night. This Saturday from 10 am until 1230 we'll have our once-a-month community cleanup corner of Lapis Road and Del Monte Boulevard 10:00am. • Mayor Pro-Tem Biala – Announced May is Asian Pacific Islander Month and on May 14 th is the walk of remembrance in Pacific Grove.

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Su ccessor Agency of the former Redevelopment Agency on all matters lis ted under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a qu estion or make a c omment a bout an agenda item and s taff wil l provide a response. If discussi on or a lengthy explanation is required, that item will b e 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. 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 routi ne. All items under the Consent Agenda are no rmally approved by one motion. Prior to such a mo tion 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 di scussion or a lengthy ex planation 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 99523-99665, totaling $798,552.40 Accounts Payable for Successor Agency Check Number 83, totaling $5,436.20 b. MINUTES:
(1) March 15, 2022, Regular City Council Meeting
(2) March 22, 2022, Special City Council Meeting
3 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 4

c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the following claim and direct sendin g appropriate not ice of rejection to claimant: Brook Barclift for a claim received on February 9, 2022. d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: None
g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. INTRODUCE ORDINANCE (READ BY TIT LE ONLY AND WAIVE FURTHER READING):
(1) Ordinance 2022-xx, an Ordinance of th e City Council of the City of Marina, adopting a Military Equipment Policy and Adding C hapter 9.26 to Ti tle 9 “Public Peace, Morals and Welfare ” of the Marina Municipal Code to Adopt a Military Equipment Use Ordinan ce. [Introduction of the Ordinance to follow Item 9.a., Presentation on AB 481 Compliance and a Public Hearing.] m. APPROVE APPOINTMENTS: None
Mayor Delgado pulled agenda item 8l(1)
BIALA/DELGADO: TO APPROVE THE CONSENT AG ENDA MINUS 8l(1) . 5 -0-0-0 Motion Passes by Roll Call Vote

9. PUBLIC HEARINGS:
a. City Council to consider: (1) receiving a presentation on Marina Police Department compliance with AB 481, adding Section 7070 et seq. to the CA Government Code regarding funding, acquisition, and use of m ilitary equipment; and (2) opening a public hearing and receive public co mment concerning amending Ti tle 9 of the Marina Municipal Code adding Section 9.26 “Military Equipment Use Ordinance.” Chief Tina Nieto provided a presentation on AB481, which included a list of all equipment used by the Marina Police Department –
Council Questions: It was said that cities are required to list all of the military commit that we have is that list, public or accessible to the public ? Will it be po sted on the website? Understanding that the policy behind this is probably having more along lines to do with the addressing the militarization of our police departments, what occurs, and is there any what occurs when other jurisdictions may come in and u se these types of devices? Is there a need to have any kind of agreements with other organizations to know what they have and what they might bring to the table ? With the Bearcat being in our name on title, is there a certain kind of liability th at comes with that? When is it balance for what a city of our size and our experience ? What are the necessary to types of equipment given that 4 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 5

we can afford it? So when can we understand the balance between what we need, what we can afford and where it might b e going over, maybe into an ex cess for fears of needing, more not actually based on what we actually might, need by some kind of standard ? What would occur if you decided to use something we don't currently have, or if you're a successor in the future, de cided to use something we don't currently have doesn't need to be come back to council before it's added to our arsenal? What type of training have the officer receive in terms of de -escalation, deconfliction, and other methodologies that you've used to make sure that the use of deadly force? Mayor opened the public hearing for public comments:
• Liz Billingsley – Presentation was very educational and allowed the public to see what equipment our police department uses.
• Brian McCarthy – Commented on a 201 4 event when militarization of Peninsula police departments kind of became controversial . Supports the presentation. AB481 was written when a lot of peaceful protests happened, and the use of military equi pment was being deployed.

Concerned about how th is will all play out in the future. What are the stipulations of how on the use of the equipment by mutual aid?
• Jeffrey Mark ham – Appreciates the presentation by Chief Nieto and h appy that the future equipment purchases will go through the city council . Asked if more information could be provided on exigent circumstances.
• Tommy Bolea – Asked if the Marina Police Department current ly has this equip ment in it ’s possession? Agrees to proper training on the use of all equipment. Need to make sure maintenance costs are put into future budgets.
• Nancy Amadeo – Asked staff if the equipment is loaned out to another age ncy does our staff who operates that particular equipment go with it? What kind of agreement is in place to ensure that the equipment is used properly?
• Denise Turley – Thanked Chief Nieto for the detailed presentation but concerned about giving too much of their tactics away, could be dangerous to officers.

Mayor Delgado closed the public hearing
BIALA/BERKLEY: COUNCIL APPROVES THE INTRODUC TION OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT POLICY AND ADDING CHAPTER 9.26 TO TITLE 9 “PUBLIC PEACE, MORALS AND WELFARE” OF THE MARINA MUNICIPAL CODE TO ADOPT A MILITARY EQUIPMENT USE ORDINANCE . 5-0-0-0 Motion Passes by Roll Ca ll Vote

b. City Council open publi c hearing, take testimony from the public and cons ider adopting Resolution No. 2022-45, c onfirming diagram, assessment and ordering levy of $180.78 for FY 2022-23 assessment for Cypress Cove II Landscape Maintenance Assessment District; and authorize City Clerk to file a certified copy of the diagram and a ssessment with the Monterey County Audi tor-Controller prior to August 1, 2022.

Council Questions: Would it be expensive to replace the trees and shrubs that we lost ? Can we hold the contractors, or whoever pretty much decimated the trees liable? Can we, or do we have a policy for anybody who comes into our town and decides to cut trees on our behalf that they must follow? As far as engaging neighborhoods , do you not believe maybe homeowners association to explore the 218 options?
5 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 6

Mayor Delgado opened the public hearing
• Nancy Amadeo – Commented on the Landscaping Lighting Act of 1970 and a requirement that the improvements that were required at the time be maintained. Acacia trees are gone and haven't been replaced along Abdy, Cardoza and along Beach. Commented that AT&T come and trim off the top and leave the trees unbalanced. Worried about the trees behind her home coming down due to high winds and the wight of the tree s. Noted that the assessment district on ly has trees l eft and no plants. Nothing is being maintained and residents shouldn’t suffer the consequences. • Dan Amadeo – Commented on the Prop 218 process. Asked if the assessment is sufficie nt then why i s the property in the condi tion its in now? Commented on the trees and lack of proper maintenance. Asked councilmembers to come and walk along Abdy Way to see the trees and see that they need to be thinned out and pruned. City facing potential liabilities.

DELGADO/BERKLEY: T O A PPROVE RESOLUTION NO. 2022 -45, CONFIRMING DIAGRAM, ASSES SMENT AND ORDERING LEVY O F $180.78 FOR FY 2022 -23

ASSESSMENT FOR CYPRESS COVE II LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; AND AUTHORIZE CITY CLERK TO FILE A CERTIFIED COPY OF THE

DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDIT OR- CONTROLLER PRIOR TO AUGUST 1, 2022. 5-0-0-0 Motion Passes by Roll Call Vote

c. City Council open public hearing, take testimony from the publ ic and consid er adopting Resolution No. 2022 -46, confirming diagram, assessment and orderi ng levy of $182.42 for FY 2022-23 assessment for Seabreeze Landscape Maintenance Assessment District ; and authorize the City Clerk to file a certified copy o f the diagram a nd assessment with the Monterey County Audi tor-Controller pri or to August 1, 2022.

Council Questions: Did you go through the same process to get homeowners to come to a meeting for goals, assessment or not on this one?
Mayor Delgado opened the public hearing
• Tommy Bolea – Commented on the poorly maintained trees in that area and the liability associated around them.
• Denise Turley – Asked what district had the crumbling walls? What is the tree committee’s role in landscape maintenance districts?
• Grace S ilva-Santella – Commented about the homeless e ncampments taking place along Beach siding with the ver nal ponds and asked who ’s responsibility is it to maintain the overgrown plant material?
Mayor Delgado closed the public hearing.

DELGADO/MEDINA DIRKSEN: TO APPROVE RESOLUTION NO. 2022-46, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING LEVY OF $182.42 FOR FY 202 2-23

ASSESSMENT FOR SEABREEZE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; AND AUTHORIZE THE CITY CLERK TO FILE A CERTIFIED COPY O F THE

DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR - CONTROLLER PRIOR TO AUGUST 1, 2022. 5-0-0-0 Motion Passes by Roll Call Vote

6 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 7

d. City Council o pen public hearing , ta ke t estimony from the public and consider adopting Resolution No. 2022 -47, confirming diagram, a ssessment and ordering levy of $77.14 for FY 2022-23 assessment for Monterey Bay Estates Lighting & Landscape Maintenance Assessment District; and authorize the City Clerk to file a certified copy of the diagram and ass essment with the Monterey County Aud itor- Controller prior to August 1, 2022.

Council Member Burnett recused himself from this item
Council Questions: Trip hazards in side walk near perc pond, would the city be responsible for fixing this?
Mayor Delgado opened the public hearing
• Liesbeth Visscher – Asked if PG&E paid for the transformation of lights to LED’s? • Margarita Nguyen – Commented on the lack landscaping and tripping hazards along the pavement near her home, also asked if someone can come out and re moved the dead tree there. Asked if the city is getting a new landscaper?
Mayor Delgado closed the public hearing
DELGADO/BIALA: TO APPROV E RESOLUTION NO. 2022 -47, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING LEVY OF $77.14 F OR FY 2022 -23 ASSESSMENT FOR

MONTEREY BAY ESTATES LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; AND AUTHORIZE THE CITY CLERK TO FILE A CERTIFIED COPY OF THE

DIAGRAM AND A SSESSMENT WITH THE MONTEREY COUNTY AUDITOR - CONTROLLER PRIOR TO AUGUST 1, 2022. 4-0-0-0 Motion Passes by Roll Call Vote

10. OTHER ACTION S ITE MS O F THE SUCCE SSOR AGENC Y TO TH E FORMER MARINA REDEVE LOPMENT AGENCY: Action l isted for each Agenda i tem is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pub lic is invited to approach th e pod ium to provide up to four (4) mi nutes 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. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Mayor Delgado – Mayor’s Association met a couple of days ago and heard from 3 of th e4 candidates running for district very informative; nothing new to report

b. Council and staff op portunity to ask a question for clarification or ma ke a b rief report on his or her own activities as permitted by Government Code Section 54954.2.

Layne Long, City Manager: Walked the council and public t hrough the Dunes Phase 3 t ree removal that were not permitted , where the Below Market Rate homes (BMR) are to be built. The Dunes did 7 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 8

receive a permit to remove trees from this property, corner of 2 nd Ave and 6th Street, which is one part of the BMR development and another part of the BMR homes is on Imjin Road and is in the Phase 2 East development. That’s why the permit was issued for this site and it was strictly for only these trees that are on this site. Unfortunately, through a series of system failures, and I've talked with and Hofer and his staff, and he has talked with his staff, and there there just wasn't one mistake that that led to these other trees being removed. but it was a series of problems, the contractor that was removing the trees. he was also removing an asbestos water line that had to be moved in big chucks so his removing it and w hat he had on his map was with the Phase 3 development which the Dunes has not even included an application in the city. but they are starting their work on what needs to be done for Phase 3 removal and they talked with the Marina Coast water district , this is part of just the system failures, but the water district had indicated that this should Asbestos pipe had to be removed all the way down .

Noted that there was nothing going before the Planning Commission on Ap ril 14 th for Phase 3 tree removal permits. What we have re quired the Dunes is to immediately stop any type of tree removals which they have agreed to do whether it be for future phases or for even existing, approved Phases. the reason that we've asked them to do that even for trees that have been approved to be removed is we want to step back and look at potential mitigation for these 7 trees, 4 were substantially large trees.

Council Questions: Can we assume there were no bat or raptor surveys or protective fenc ing around them to let the heavy equipment in the vicinity know that they were to be protected for the time being? Can we clarify is it possible that they've been approved but there's a there's a gentleman's agreement Informal agreement not to proceed with any tree cutting or is it that there's none that's been approved that haven't already been cut it? Do we know if there's been some that have been approved, but not yet cut long first avenue north of Sixth Street ? Just to be clear, there are trees that have been approved through the official process to be cut, but they still stand and right now they're going to at least, postpone cutting until further notice. and there, there, of course, there are lots of trees that have not been approved to be cut that are in this vicinity, and of course, those will not be cut, correct? Do we have anything in writing with the developers about postponing removal of trees? The company is the same that does the pipe, removal and tree removal is that correct? Is it possible to remove the pipes without removing the large trees? Why were the pipes being removed? If the pipe were contamina ted with asbe stos does that meant the trees were contaminated too? Do we know the condition of the roots? Were the trees going to come out anyways? Were they trying to mitigate more asbestos exposure due to con cerns about public health? Going back to t he trees that were approved to be removed, do we have written documentation that the bat surveys the raptor Surveys were done prior to removal? I what way are we going to hold Sh ea and their contractor accountable? What’s t he mitigation or penalty? How are going to prevent this from ever happening again ? Are more pipes expected to be removed?

BERKLEY/DELGADO: THAT WE HOLD A STUDY SESSION, WHI CH WE CAN

EXPLORE HOW WE'RE GOING TO MOVE FORWARD AND INCLUDED IN THAT A

DISCUSSION OF HOW WE'RE GOING TO MOVE FORWAR D, BOTH IN PARTNERSHIP

WITH SHEA (DEVELOPER) AS FAR AS WHAT KIND OF COMPENSATION AND

MITIGATION IS GOING TO OCCUR, AND ALSO HOW WE'RE GOING TO BE CHANGING OUR POLICIES WITH REGARDS TO THIS; AND THE STUDY SESSION TO

OCCUR AFTER SH EA (DEVELOPE R) MEETS WITH R ESIDENTS AND OTHER EXPERTS; AND THAT WE HAVE IN WRITING AN AGREEMENT BETWEEN S HEA

HOMES IN THE CITY SAYING THAT THERE WILL BE NO MORE TREE REMOVAL

UNTIL THIS IS RESOLVED OR WE MAKE A CLEAR DECISION IN OUR STUDY SESSION; AND THAT ALL COUNCIL MEMBERS ARE ABL E TO PROVIDE QUESTIONS OR CONTENT THAT THEY WANT COVERED IN THE SPEC IAL SESSION; AND THE STUDY SESSION TO HAPPEN PRIOR TO MAY 31, 2022
8 MINUTES for City Council Meeting of Tuesday, April 5, 2022 Page 9

Public Comments:
• Tommy Bolea – Commented on the miscommunication between the Developer and th eir subcontractor on the rem oval of the trees. Spoke about the contamina nts of the buildings being demolished being everywhere . Spoke about the carbon fo otprint of bu ilding more homes a nd removing trees. Developers should be penalized and trees should be replanted. • Mike Owen – Indicated that he just sent the Council an email on his comments • Liesbeth Visscher – Commented on the waterpipe s that were removed in segments and asked if photos were taken. Asked what were the diameter of the pipes remove d and how long were they? Were t here any other solutions to removing the pipes from under the trees? S poke about the upcoming April 14 th Planning Commission meeting for tree removal requests for Phase 3 of th e project.
• Grace Silva-Santella – Supports the motion ma de. Asked that if a community meeting is to take place that well advanced notice be given to the public. Opt imistic to hear city manager speak of preservation of trees in the entire project area.

13. ADJOURNMENT: The meeting adjourned at 10:45 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
9 CITY OF MARINA

HUMAN RESOURCES & RISK DEPARTMENT
211 Hillcrest Avenue
Marina, CA 93933
Phone: 831.884.1283
Fax: 831.384.0860
@, RECEIVED
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Agenda Item: 8c(1)
April 19, 2022

CLAIM FORM
This form is provided pursuant to Government Code Section 910.4 and shall be used by any person presenting a claim to the City of Marina under Government Code Section 810 et seq., except as provided in Government Code Sections 905 and 905.1. If additional space is needed for any of the required information, please attach additional sheets and note your name, date of claim and City of Marina.

SECTION 1: CLAIMANT INFORMATION
Jev<.-� evLA �( -L<A.

Name of Claimant Telephone Number (include area code)
Cit-
CA Zip Code
SECTION 2: NOTICES
The person presenting this claim desires that notices be sent to the following address:
0 � V\A,: o{ 1-\. ?flM: L ytA ( </3 I )
Name of Claimant Telephone Number (include area code)
SECTION 3: CLAIM INFORMATION
Date of the occurrence/transaction which gave rise to the claim:
c/4
CA Zip Code
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Month, Day & Year
Provide the location of the occurrence/transaction which gave rise to the claim. If applicable, include street address, city or county, highway number, mile post number and direction of travel.

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Explain the circumstances of the occurrence or transaction which gave rise to the claim. State all facts that support your claim against the City of Marina and why you believe the City of Marina is responsible for the alleged damage or injury.
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Provide a general description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of presentation of the claim.

See a � � ± (�� <A:<-� fu 5
1 2
3 4
5 April 15, 2022 Item No. 8f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 19, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-,

RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD APRIL 19, 2022 THROUGH MAY 19, 2022, PURSUANT TO BROWN ACT PROVISIONS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, hereinafter the “Brown Act”) making certain findings; and authorizing the City to continue to implement remote teleconferenced public meetings of the City Council and its constituent bodies for the period April 19, 2022, through May 19, 2022.

BACKGROUND:

Government Code §54953(e) allows cities to continue to meet remotely during states of emergency proclaimed by the Governor under modified Brown Act requirements that are similar to but not identical to the rules and procedures established by the prior Executive Orders of Governor Newsom relating to the relaxation of certain Brown Act requirements during the COVID -19 pandemic.

Government Code §54953(e) authorizes local agencies to use teleconferencing without complying with teleconferencing requirement imposed by the Brown Act during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency or when the legislative body had determined by majority vote that meeting in person would present imminent risks to the health or safety of attendees.

At a special meeting held on October 5, 2021, the City Council adopted Resolution 2021-104 regarding the Brown Act making certain findings, and authorizing the City to implement remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) for the period October 5, 2021 through November 4, 2021; subsequently on November 2, 2021, the Council adopted Resolution 2021 - 113 extending that period until December 2, 2021 ; on November 16, 2021, the Council adopted Resolution 2021-118 extending that period until December 16, 2021; on December 14, 2021, the Council adopted Resolution 2021-134 extending that period until January 13, 2022; and on January 11, 2022, the Council adopted Resolution 2022-02 extending that period to February 10, 2022; and on February 1, 2022, the Council adopted Resolution No. 2022 -13, extending that period until March 3, 2022; on March 1, 2022 Council adopted Resolution No. 2022-32, extending that period to March 31, 2022, and on March 15, 2022 the Council adopted Resolution 2022-34 extending the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to April 30, 2022.
1 ANALYSIS:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executive Order N -29-20 and set the date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variants surged in California, the legislature took action to extend the COVID -19 exemptions to the Brown Act’s tel econference requirements, subject to some additional requirements. California and Monterey County are presently continuing to experience cases of the rapidly-spreading Omicron variant . Assembly Bill 361 amended Government Code §54953 and allowed a local ag ency to use teleconferencing in any of the following circumstances without complying with certain Brown Act provisions:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote taken at a meeting held for the purpose described in 2 above, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

A local agency that holds a meeting under any of these circumstances would be required to follow certain requirements listed in the attached Resolution , in addition to giving notice of the meeting and posting agendas as required under the Brown Act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. The City of Marina adheres to the listed requirements.

Government Code §54953(e)(3) provides that if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the exemption to the Brown Act teleconferencing requirements:

● The legislative body has reconsidered the circumstances of the emergency; and

● Either of the follow ing circumstances exist: the state of emergency continue to directly impact the ability of members to meet safely in person or State or local officials continue to impose or recommend social distancing measures.

The goal of Government Code §54953 as revis ed by AB 361 is to improve and enhance public access to local agency meetings during the COVID -19 pandemic and future applicable emergencies by allowing broader access through teleconferencing options. The current version of Government Code §54953 became effective on September 16, 2021, with a sunset of the present version on January 1, 2024.

FISCAL IMPACT:

None identified.

2 CONCLUSION:

This request is submitted for City Council consideration and possible adoption of a resolution proclaiming a local emergency persists, re -ratifying the proclamation of a state of emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Marina and its constituent bodies for the period April 19, 2022, through May 19, 2022, pursuant to Brown Act provisions.

Respectfully submitted,

___________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD APRIL 19, 2022 THROUGH MAY 19, 2022, PURSUANT TO BROWN ACT PROVISIONS.

WHEREAS, the City of Marina is committed to preserving and nurturing public access and participation in meetings of the City Council and its constituent bodies; and

WHEREAS, all meetings of City of Marina’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and

WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and

WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and

WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, the City Council previously adopted Resolution No. 2021- 104 on October 5, 2021, Resolution 2021-113 on November 2, 2021, Resolution 2021-118 on November 16, 2021, Resolution 2021-134 on December 14, 2021, Resolution 2022-02 on January 11, 2022, Resolution 2022-13 on February 1, 2022, Resolution No. 2022-13 on March 1, 2022, Resolution 2022-32, and Resolution 2022-34 on March 15, 202 2 extending the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to April 30, 2022; and

WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and

WHEREAS, emergency conditions persist in the City, specifically, the March 4, 2020, proclamation by the Governor of a state of emergency in the State of California due to COVID-19 and the March 13, 2020, proclamation of a state of emergency in the City of Marina by the City Manager, as the City’s Director of Emergency Services, due to COVID-19 which was subsequently ratified by the City Council on March 17, 2020, and after having been supplemented twice, and both proclamations of states of emergency remain in effect; and
4 Resolution No. 2022-
Page Two

WHEREAS, on September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies, attached hereto as Attachment 1; and

WHEREAS, the City Council does hereby find that California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of April 15, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as low with a case rate of 19.35 individuals per 100,000 persons, as of April 14, 2022, a total of 735 persons have died of COVID-19 and 210 persons are reported as currently suffering from COVID-19 with 9 persons reported hospitalized and 210 new cases having been reported in Monterey County by the County Health Department; this situation has and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to recognize and affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California and to recognize the County of Monterey Health Department’s recommendation regarding social distancing; and

WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the City Council and its constituent bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and

WHEREAS, the City of Marina will continue to implement the following measures for meetings of its City Council and its constituent bodies:
● Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.

● In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.

● Identify and include in the agenda an opp ortunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.

● Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.

● Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s contr ol and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under the Brown Act’s existing challenger provisions).

5 Resolution No. 2022-
Page Three

● Not require comments be submitted in advance (though the legislativ e body may provide that as an option) and provide the opportunity to comment in real time.

● Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.

● If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and m ay not close the registration comment period until the comment period has elapsed.

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

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

Section 2. Affirmation that Local Emergency Persists . The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and:
(a) On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies; and
(b) California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of April 15, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID -19 in Monterey County as low with a case rate of 19.35 individuals per 100,000 persons, as of April 14, 2022, a total of 735 persons have died of COVID -19 and 210 persons are reported as currently suffering from COVID-19 with 9 persons reported hospitalized and 210 new cases having been reported in Monterey County by the County Health Department ; and this has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City.

Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby reconsiders and re-ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Marina, the City Council and its constituent bodies, are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect on immediately upon its adoption and shall be effective until the earlier of (i) May 19, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

6 Resolution No. 2022-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 19th day of April 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

7 ATTACHMENT 1
8 April 6, 2022 Item No. 8f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 19, 2022
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 22-,

AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS
(RFP) TO QUALIFIED FIRMS FOR AN ODOR ATTRIBUTION STUDY
REQUEST:

It is requested that the City Council:

1. Adopt Resolution No. 2022-, authorizing the release of a Request for Proposals (RFP) to qualified firms for odor attribution study.

BACKGROUND:

A number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent years . Several surrounding public agencies have also been engaged with the City and MBARD during this time and have been working cooperatively to identify weather -related information such as wind speed, direction, and temperature during each reported event in addition to investigating current operating conditions at their facilities and, when timely, visi ting the area of the reported odor.

The complaints are often reported after-hours and often appear to be transitory in nature.

A public meeting was held on January 27 th, 2021 where representatives of the Monterey Regional Waste Management District (MRWMD) , Monterey One Water (M1W), Monterey Bay Air Resources District, Monterey County Health Department, as well as experts in agriculture and composting participated on an information panel and answered questions for the public. One of the outcomes of the meeting was a commitment to conduct a n odor attribut ion study to positively identify sources of odor and develop possible mitigation measures for consideration.

MRWMD and M1W each committed to paying up to $ 50,000 for a total of $100,000 to fund the odor study.

ANALYSIS:

The City regularly enters into services contracts to augment staff capacity or expertise. An odor attribution study contract with a cons ulting firm is one method to investigate the residents ’ complaints, identify the probable sources of odor, and recommend a process that enables the City to address the complaints independently in the future. If City Council approves the release of an RFP for these services, staff will solicit proposals from qualified firms and make a selection for an odor attribut ion s tudy contract based upon qualifications. Staff would make recommendations for entering into professional services agreement at a future City Council meeting.

Staff will also prepare a draft memorandum of understanding between the City of Marina, MRWMD, and M1W which will define how the funding will be transferred from the agencies to the City to fund the study. The MOU will be brought to City Council at , or before, the meeting where City Council will be asked to authorize the odor attribution study agreement. 1 FISCAL IMPACT:

MRWMD and M1W will provide the funding for the odor attribution study under the terms of an MOU to be approved and executed prior to entering into an agreement with a consulting firm to conduct the study.

CONCLUSION:

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

Saber Messhenas
Assistant Civil Engineer
City of Marina

REVIEWED/CONCUR:

Brian McMinn, P.E., P.L.S.

Public Works Director/City Engineer
City of Marina

Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2022-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA

AUTHORIZING THE RELEASE OF A REQUEST FOR PROPOSALS (RFP)

TO QUALIFIED FIRMS FOR AN ODOR ATTRIBUTION STUDY

WHEREAS, A number of odor complaints have been reported to the City and the Monterey Bay Air Resources District (MBARD) by citizens of the City of Marina in recent years; and

WHEREAS, an odor attribution study contr act with a consulting firm is one method to investigate the residents’ complaints, identify the probable sources of odor, and recommend a process that enables the City to address the complaints independently for future; and

WHEREAS, the selection of profe ssional services consultants is i nitiated by issuing a Request for Proposals (RFP) to identify and select qualified firms to provide odor attribution study; and

WHEREAS, staff would make recommendations for approval of professional services agreements at a future City Council meeting; and

WHEREAS, the Project will be funded with local dollars from Monterey One Water (M1W), and the Monterey Regional Waste Management District (MRWMD); and

NOW, THEREFORE, BE IT RESOLVED th at the City Council of the City of Marina d oes hereby authorize release of an RFP to qualified firms for an odor attribution study.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 19th day of April 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor

ATTEST:

__________________________
Anita Sharp, Deputy City Clerk
3 April 12, 2022 Item No: 8g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 19, 2022

CITY COUNCIL CONSIDER ADOPTIN G RE SOLUTION NO. 20 22-,

APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MARINA
AND JOBY AERO , INC. FOR 210 8 th STREET (BUILDING PO 1637 AT 8 TH STREET AND 2 ND AVENUE), AND AUTHORIZING CITY MANAGER TO

EXECUTE THE LEASE AGREEMENT ON BEHALF OF THE CITY, SUBJECT

TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, approving a Lease Agreement between the City of Marina and Joby Aero, Inc. for 210 8th Street (Building PO 1637 at 8th Street and 2nd Avenue); and

2. Authorizing City Manager to execute the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.

BACKGROUND:

Building P O 1637 at 8th Street and 2nd Avenue was conveyed to the City in 2006 for economic development purposes. The former Army motor pool structure sits on a 3.260 acre bordered by the Dunes on Monterey Bay development on the north and east, Cal State Monterey Bay undevelop ed property on the south and the Monterey Institute for Research in Astronomy facilty on the west.

The structure totals 12,536 square foot, included the following:

West Lean to 775 sf
West Bay 3,225 sf
Office Space 4,536 sf
East Bay 3,225 sf
East Lean to 775 sf
Total 12,536 sf

The structure has been mostly vacant for years with the exception of the East Bay and the East Lean-to section which has been occupied by the City of Sea side for storage purposes. There are no established utilities in the facility, and it is in need of roof repairs, asbestos and hazardous material abatement, bird dropping cleaning and disinfecting, and hauling away of trash and debris.

The City Council ap proved $550,000 in the budget for Fiscal Year 2021 -22 to clean up the building and remove all the hazardou s material and waste , reroof the building, and seal up the holes and stabilize the building for potential future use.

ANALYSIS:

Joby Avi ation wishe s t o lease the West Lean -to and the West Bay sections for sto rage purposes of large casts, molds and machinery that will be housed in the large Aviation Manufacturing facility at the Marina airport when its cons tructed. City staff has worked with Joby to negotiate a lease rate that is appropriate for the condition of the building and the use that Joby wishes to utilize the space for.

1 Prior to lease commencement, the City will continue to move forward with the the cleanup and removal of hazardous waste material from the facility to make it appro priate for storage uses.

However, the City will not move forwa rd with the reroofing of the West and East Bay areas. Instead, Joby will be responsible for repairing the roof in these areas and sealing up the Bays so they no longer leak and animals and rodents will not be able to enter the building.

The City will con tinue to move forward with it ’s plan to reroof and seal up the middle par t of the building (center office section area) which will not be leased by Joby Aviation.

There are no utilities in the building, which includes power and water.

The proposed Lease Agreement includes interior space consisting of approximately 4,000 square feet of the West Bay area as shown on EXHIBIT A. The proposed Tenant wishes to use the space for storage.

The proposed Lease Agreement provides for:
• Base term of two-years and two additional one-year conditional City optional extension periods.
• The Lease rate will include $.25 per sf per month.
• Joby will be responsibl e for fixing the r oof over the West Bay and West Lean -to areas of the building.

The monthly rent payable for the first year of the Term of this Lease shall be $1,000 per month (at the rate of $.25 per square foot per month).

All of Tenant’s operating expenses including liability insurance premiums, permits and license fees and personal property taxes on Tenant’s trade fixtures and property shall be paid by the Tenant as well.

Staff is recommending approval of the proposed Lease A greement as it wil l crea te additional ongoing/reoccurring building lease revenue for the City.

FISCAL IMPACT:

Should the City Council ap prove this request, anticipated beginning annual rent revenue to the airport will be approximately $12,000.

CONCLUSION:

This request is submitted for the City Council consideration and approval

Respectfully submitted,

_____________________________
Matt Mogensen
Assistant City Manager
City of Marina

REVIEWED/CONCUR:

___________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MARINA AND JOBY AERO, INC. FOR 210 8th STREET (BUILDING PO 1637 AT 8TH STREET AND 2ND AVENUE), AND

AUTHORIZING CITY MANAGER TO EXECUTE THE LEASE AGREEMENT ON

BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY

ATTORNEY

WHEREAS, the City facility located at 210 8th Street (Building PO 1637) was conveyed to the City in 2006 for economic development purposes. The former Army motor pool structure sits on a 3.260 acres and consists of 12,536 square feet; and,

WHEREAS, the structure has been mostly vacant for years with the ex ception of the East Bay and the East Lean-to section which has been occupied by the City of Seaside for storage purposes; and,

WHEREAS, t here are no established utilities in the facility (water is available) , a nd there are needed roof repairs, asbestos abatement, bird dropping cleaning and disinfecting, and hauling away of trash and debris; and,

WHEREAS, Joby Aviation wishes to lease the West Lean -to and the West Bay sections for storage purposes of large casts , molds and machinery that will be housed in the large Aviation Manufacturing facility at the Marina airport when its constructed; and,

WHEREAS, the Lease Agreement includes interior space consisting of approximately 4,000 square feet as shown on Exhibit A; and,

WHEREAS, the Lease Agreement consists of a b ase term of two-years and two additional one-year conditional City optional extension periods, the Lease rate is $.25 per sf per month; and,

WHEREAS, The monthly rent payable for the first year of the Term of this Lease shall be $ 1,000 per month (at the rate of $.25 per square foot per month).

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

1. Adopt Resolution No. 2022-, approving a Lease Agreement between the City of Marina and Joby Aero, Inc. for 210 8th Street (Building PO 1637 at 8th Street and 2nd Avenue); and

2. Authorize the City Manager to execute the Lease Agreement , on behalf of the City, subject to final review and approval by City Attorney.

PASSED AND A DOPTED by the City Council of the City of Marina at a regu lar meeting duly held on the 19th day of April 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

______________________________
Bruce C. Delgado, Mayor
ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

3 CITY OF MARINA

LEASE AGREEMENT
BUILDING PO 1637

This LEASE AGREEMENT is made on __________________ 2022, by and between the CITY OF MARINA, a Charter City organized and existing under the laws of the State of California ("Landlord or City"), and JOBY AERO, INC, a Delaware corporation (“Tenant").

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to the terms, covenants, agreements and conditions set forth below, to each and all of which Landlord and Tenant hereby mutually agree.

1. PREMISES
The site of the premises consist of a portion of the property located at 210 8th Street in the City of Marina, County of Monterey, California, assigned APN Number 031-251-031 being a part of Building PO 1637, a single-story metal framed structure consisting of 12,536 total square feet (estimated date of construction 1985) of which 4,000 square feet, consisting of the West Lien-to (775 sq. ft.) and the West Bay (3,225 sq. ft.), shall make up the initial leasehold, as depicted on Exhibit A, attached hereto ("the Premises").

2. TERM
The term of this lease shall commence on the date following the Landlord’s completion of its obligation to reroof a portion of the Premise and complete a cleanup of the entire Premises, the “Effective Date,” and shall continue for a period of two (2) Lease Years plus the partial month, if any, immediately preceding the first full calendar month of this lease. “Lease Year,” shall mean each twelve (12) month period during the term of the Lease commencing upon the Effective Date. Landlord and Tenant shall confirm the Effective Date in a writing signed by both parties.

A. The City has the right to terminate this Lease with thirty (30) days prior written notice to Tenant upon Tenant's failure to comply with any of the terms and conditions herein set forth or if, in the City Manager's exercise of reasonable discretion, revocation is necessary in the interest of public health or safety.

3. RENT
A. Minimum Rent. Tenant shall pay to Landlord for its use and occupancy of the Premises One-Thousand Dollars ($1,000) per month.

B. Manner of Payment. All rent and other payments due from Tenant shall be made to Landlord’s Finance Department in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing.

4. RIGHT OF FIRST REFUSAL
The City will not lease remaining space available in Building PO 1637 to other prospects for the initial term following the Effective Date and herby extends a Right of Frist Refusal to Tenant to lease such space. Such Right of First Refusal Space can be added to the original Premises by written amendment of

EXHIBIT A
4 this Lease provided such expansion occurs within any term of this Lease on the same terms and conditions as the initial Lease and Tenant will begin paying the same rate per square foot rental at time of expansion. The City Manager is authorized to take all necessary actions in connection with or related to the Tenant’s exercise of this Right of First Refusal

5. PROPERTY AND OTHER TAXES
A. Possessory Interest Taxes. The property interests created by this Lease may be subject to property taxation and Tenant, in whom the possessory interest is vested, will be responsible for the timely payment of any property taxes levied on such possessory interest. Tenant agrees to pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the state, county, city or any tax or assessment levying body against the transfer of the leasehold interest hereunder upon recordation or otherwise, or upon any activity carried on under this Lease, any interest in this Lease or any possessory right which Tenant may have in or to the Property or the Property by reason of its use or occupancy thereof or otherwise.

B. Personal Property and Other Taxes. In addition to all other sums to be paid by Tenant hereunder, Tenant shall pay, before delinquency, any and all taxes levied or assessed during the term of the Lease on Tenant's equipment, furniture, fixtures, merchandise, and other personal property located in the Premises, and shall pay, or shall reimburse Landlord for, any and all assessments (including, without limitation, (i) all assessments for public improvements, services or benefits, irrespective of when commenced or completed), excises, levies, business taxes, Lease, permit, inspection and other authorization fees, payments in lieu of taxes and any other fees or charges of any kind, which are levied, assessed, or imposed by any public authority; (ii) upon or with respect to the development, possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy by Tenant of the or any portion thereof; (iii)) upon, measured by or reasonably attributable to the cost or value of Tenant's equipment, furniture, fixtures, merchandise, and other personal property located at or in the Premises or by the cost or value of any improvements made by Tenant to the Property, regardless of whether title to such improvements shall be in Tenant or Landlord; or (iv) upon this Lease or any document to which Tenant is a party creating or transferring an interest in the Property.

C. Tenant's Right to Contest. Tenant may, at no cost to Landlord, reasonably contest the legal validity or amount of any taxes, assessments, or charges for which Tenant is responsible under this Lease, and institute such proceedings as Tenant considers necessary; provided, however, that Tenant shall at all times protect Landlord from foreclosure of any lien, and that Landlord shall not be required to join in any proceeding or contest brought by Tenant.

6. SECURITY DEPOSIT
City and Tenant acknowledge that there shall be no security deposit required.

7. USE
The Premises shall be used by the Tenant for storage of the Tenant’s equipment and personal property.

Tenant shall not use the Premises for any other purposes without the City’s prior written consent including for commercial storage and shall not store property belonging to others on the Premises.

Tenant shall not do or permit to be done in, on, or about the Premises anything which is prohibited by or may conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated, which is prohibited by the standard forms of special form or 5 commercial general liability insurance or which may cause a cancellation of any insurance policy covering or the Premises or any of its contents, or (except with the prior written consent of Landlord) which may increase the existing rate of or affect any special form or commercial general liability insurance or other insurance upon or the Premises, or any of its contents. In the event Tenant does or permits to be done anything or keeps or permits to be kept anything on or about the Premises or which increases the existing rate of such insurance upon or the Premises or any of its contents, Tenant shall pay the amount of any such increase promptly upon Landlord's demand. Tenant shall not do or permit anything to be done which will in any way obstruct or interfere with the rights of other lawful users of , including, without limitation, tenants, their employees or invitees, disturb or annoy them, or use or allow the Premises to be used for any improper, unlawful or objectionable purpose. Tenant shall not maintain or permit any nuisance in or about the Premises or commit or suffer to be committed any waste in or upon the Premises.

8. OPTION TO RENEW
A. Option Period. So long as Tenant is not in default under this lease, either at the time of exercise or at the time the extended term commences, the City will extend two separate options to extend the initial term of this lease for an additional period ONE (1) year each (each an "option period") on the same terms, covenants, and conditions of this lease. In order to exercise this option, City must give written notice of its election to extend an option to Tenant at least 180 days, but not more than one year, prior to the expiration date of the initial lease term or the first option period.

9. HOLDING OVER
If Tenant remains in possession of the premises with Landlord's consent after the expiration of the term of this lease without the City having extended an option to renew this lease, or after the termination of any such option period, such possession by Tenant shall be construed to be a tenancy from month-to- month, terminable on thirty (30) days' notice given at any time by either party. All provisions of this lease, except those pertaining to term, shall apply to the month-to-month tenancy.

10. NOTICES
A written notice shall be deemed served upon mailing said notice to the other party and depositing the same with the U.S. Post Office, first class mail, with postage paid. For purposes of this Lease, all notices to the City shall be addressed to the:

City of Marina
Office of the City Manager
211 Hillcrest Avenue
Marina, CA 93933

For purposes of this Lease, all notices to Tenant shall be addressed to:

Joby Aero, Inc.
2155 Delaware Avenue, Suite #225
Santa Cruz, CA 95060
Attn: Legal Department

6 11. IMPROVEMENTS, MAINTENANCE AND ALTERATIONS
A. “Improvements” shall mean Tenant’s repairs to the metal roof over the West Lien-to and the West Bay of the Premises to make the building suitable for Tenant’s proposed use. Tenant shall be responsible for coordination of its activities and the work to avoid any conflicts with the City’s contractor performing reroofing activities of the Center and East Lien-to and East Bay sections of the Premises and cleanup activities of the entire building.

B. Tenant shall maintain the Premises in good order, condition, and repair, including the repaired roof, walls, flooring, lighting and landscaping. Tenant shall keep the Premises, up to and including the areas immediately adjacent to the Premises and up to the edge of the sidewalk abutting the Premises reasonably free and clear of all debris and trash.

C. Tenant acknowledges that City owns the Premises. Tenant upon entering occupancy accepts the Premises from City in its “as is” condition, the conditions that exist as of the Effective Date of this Lease.

Tenant acknowledges that City makes no representation or warranty concerning (i) physical condition of the Premises; (ii) the Premises suitability for Tenant’s proposed use; or (iii) the presence of any Hazardous Materials, as defined in Exhibit B, in or about the Property or the Premises, except as otherwise expressly set forth in this Lease. Tenant is encouraged to make its own physical inspection of the Property and Premises and to conduct its own investigations as to the suitability of the Property and Premises.

D. Tenant is informed and understands that the Premises were formerly used by the federal government as part of an Army base and that surrounding lands which were also part of such Army base have been found to contain concentrations of volatile organic chemicals which exceed standards prescribed by the environmental agencies and the state and federal governments. Pursuant to California Health & Safety Code §25359.7(a) Tenant is provided this notice that the structure contains asbestos materials and may contain other Hazardous Materials. The City has provided the Tenant an asbestos survey report prepared by the U.S. Army Corps of Engineers for Building PO 1637 which is attached hereto as Exhibit C. Tenant acknowledges that Landlord has granted to it the right to review all maps and records of the old Army base presently on file in the office of the City’s Planning Department as well as the right to inspect the Premises and perform any tests of the soils and improvements thereon or the groundwater thereunder, all in order to afford the Tenant a full and complete opportunity to investigate and determine whether the leased Premises can be used for the purposes for which it is being offered.

E. Tenant further understands and agrees that no representation, statement or warranty, express or implied, has been made by or on behalf of the City as to the conditions of the Premises or the suitability of the Premises for its intended use, save and except for the representation and warranty that no officer, employee, contractor, subcontractor, tenant, subtenant, or agent of the City has caused any condition of pollution or contamination which may now exist on the Premises. Such representation and warranty, however, shall not extend to any condition of pollution or contamination caused by the federal government. Tenant agrees to waive any claim or right of action against the City which Tenant now has or hereafter may acquire arising out of the condition of the Premises, its soils and/or the groundwater underlying the Premises, including but not limited to, any claim of indemnity which Tenant may have by reason of costs incurred by Tenant arising out of the abatement or cleanup of any pollution or contamination condition discovered on the Premises hereinafter required under applicable state, federal or city laws or regulations save and except for a claim or right of action arising out of a condition of pollution or contamination caused by an officer, employee or agent of the City. As of the 7 Effective Date, Tenant waives, releases and discharges the City, its Council, Commissions, Boards and Departments, their respective elected and appointed officials, officers, employees and agents, representatives and attorneys from any and all present and future claims, demands, suits, legal and administrative proceedings, and from all liability, damages, losses, costs, liabilities, fees and expenses, (including without limitation attorney’s fees) arising out of or in any way connected with the Tenant’s use, maintenance, leasehold or operation of the Premises, any Hazardous Materials, contamination in any state on the Premises, however, the Hazardous Materials came to placed there. Tenant acknowledges that it is aware of and familiar with the provisions of Section 1642 of the California Civil Code which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her mut have materially affected his or her settlement with the debtor.”
To the extent of the release set forth in this Section, Tenant hereby waives and relinquishes all rights and benefit which it may have under Section 1542 of the California Civil Code.

Tenant’s initials___________
F. Upon the execution of this Lease, Landlord approves and requires the improvements to the Premises described above in Subsection A above that shall be completed by Tenant. Tenant shall not make any other alterations, additions or improvements to the Premises (i) costing in excess of $5,000 for any single instance or $15,000 in the aggregate for any twelve (12) consecutive months or (ii) affecting the Premises, or attach any fixture or item of equipment thereto without Landlord's prior written consent.

All such alterations, additions, or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $5,000 for any single instance. Landlord, in its sole discretion, shall approve or disapprove Tenant's request and may disapprove Tenant's use of any materials or substances which Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Marina, and/or any other governmental agency, Tenant shall not perform any of Tenant's work until Tenant has obtained all requisite permits. Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq., to the extent such requirements are applicable to Tenant's work.

G. Except as otherwise expressly provided in this Lease, Tenant shall not repair, replace or modify any utility system located on the Premises without the Landlord's prior written consent. Tenant is advised that as of the Effective Date there are no utilities serving the Premises. Tenant shall be responsible for damage arising out of Tenant's construction activities or Tenant's negligence or willful misconduct.

H. If Tenant proposes to make or construct any alterations, improvements, additions or fixtures (other than those described above in Subsection A that affect any portion of the Premises Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits.
8 I. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant in, at, upon or about the Premises and which may be secured by any mechanic's, material men’s or other lien against the Premises or Landlord's interest therein. Upon termination of this Lease, for any reason, and at the City's sole option, Tenant shall remove any equipment, materials or improvements installed by Tenant and shall surrender the Premises to City.

12. PREVAILING WAGE REQUIREMENTS
A. Tenant shall be solely responsible for determining whether or not laborers employed relative to any work on the Premises must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720 et seq. and if so required shall cause the payment of prevailing wages in the construction of the Improvements by all contractors (including the Tenant if acting as its own general contractor) and all subcontractors, as those wages are determined pursuant to Labor Code Sections 1720 et seq., to employ apprentices as required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR") and, if required by the City, to submit weekly payroll reports to the City.

The Tenant shall and shall cause all contractors (including Tenant if acting as its own general contractor) and subcontractors to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., and implementing regulations of the DIR. The Tenant shall and shall cause the contractor and subcontractors to keep and retain such records as are necessary to determine if such prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq., and apprentices have been employed are required by Labor Code Sections 1777.5 et seq. The Tenant shall cause the contractor and subcontractors to instruct any sub-tier subcontractors of the prevailing wage responsibility. Copies of the currently applicable current per diem prevailing wages are available from DIR. During the construction of the Project, Tenant shall or shall cause the contractor to post at the Premises the applicable prevailing rates of per diem wages. The Tenant shall and shall cause the general contractor and subcontractors to review the required wage decisions and request from the City any additional classifications not included in the wage decision.

B. he Tenant shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) the City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Tenant, its contractor and subcontractors) to pay prevailing wages as determined pursuant to Labor Code Sections 1720 et seq., to employ apprentices pursuant to Labor Code Sections 1777.5 et seq., and implementing regulations of the DIR or to comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., and the implementing regulations of the DIR and the City's local prevailing wage requirements in connection with the construction of the Project or any other work undertaken or in connection with the Premises.

The requirements in this Subsection shall survive the termination of this Lease.

13. LIENS
Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. In the event that Tenant shall not cause any such liens to be released of record, Landlord shall have, in addition to all other remedies provided herein or by law, the right (but not the obligation) to cause the same to be released by such means as Landlord shall deem 9 proper, including payment of the claim giving rise to such lien. All sums paid and all expenses incurred by Landlord in connection therewith shall be reimbursed by Tenant promptly on demand. Landlord shall have the right to post and keep posted on the Premises any notices (including, without limitation, notices of non-responsibility pursuant to California Civil Code Section 3094) that Landlord may deem proper for protection of Landlord and the Premises. Tenant shall give Landlord at least ten (10) business days' prior notice of the date of commencement of any Tenant's work on or in the Premises to allow Landlord to post such notices.

14. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS
A. Except as provided for in subparagraph F below, Tenant agrees that during the entire term of this Lease, at its own cost and expense, it shall keep and maintain the Premises, and all leasehold improvements, fixtures, furniture, and other improvements located on the Premises in good-quality order, repair and condition. Except as otherwise provided in this Lease, Tenant shall perform, at its own cost and expense, any and all maintenance, removal of graffiti, repairs, or rehabilitation to the Premises, whether required by deterioration or by operations of Tenant or otherwise.

B. To the extent applicable, Tenant hereby waives the provisions of Civil Code Sections 1941 and 1942, and any other provision of law now or hereafter in effect, with regard to the habitability of the Property and the Premises.

C. "Good-quality order, repair and condition", as used herein, shall mean the maintenance, repair, or renovation of the equipment, furniture, fixtures, signage, and appurtenances necessary to keep and maintain the Premises in efficient condition, at any time during the term of this Lease.

D. Tenant shall provide its own jmaintenance service for the Premises, and all of Tenant's rubbish shall be removed by Tenant.

E. In the event of a dispute that Landlord and Tenant cannot informally resolve, Tenant’s only remedy against Landlord shall be the right to terminate this Lease, effective thirty (30) days from the delivery of written notice to Landlord.

F. Nothing in this Paragraph 14 shall be deemed to affect or impair Landlord's rights under Paragraph 11 of this Lease. Tenant acknowledges that Landlord has no obligation and has made no promises to alter, remodel, improve, or repair, the Premises, or any part thereof. Landlord has made no representations respecting the condition of the Premises, except as specifically set forth in this Lease.

15. DAMAGE OR DESTRUCTION
A. In the event the Premises are damaged by fire, flood, earthquake, act of God, the elements, or other casualty, then Landlord shall forthwith repair the same at its sole expense. In this event, Tenant shall be solely responsible for the loss, repair, and replacement of all its equipment.

B. Anything in subparagraph A to the contrary notwithstanding, neither Tenant nor City shall have any obligation to repair or rebuild the Premises, as the case may be, following damage or destruction thereto if the damage or destruction is due to any cause or casualty other than one against which the responsible party is required to carry insurance or actually does carry insurance and such party reasonably estimates that the cost of repair or rebuilding exceeds ten per cent 10% of the then replacement cost of the Premises, as the case may be. If the responsible party elects not to repair any damage or destruction pursuant to this provision, such party shall give the other party notice of such 10 election within sixty (60) days after the date of such damage or destruction; and this Lease shall terminate as of the date of such damage or destruction.

C. Tenant hereby waives the provision of California Civil Code Sections 1932 and 1933 and any other statutes now or hereafter in effect which relate to termination of a Lease when the Premises is damaged or destroyed and agrees that such event shall be governed by the terms of this Lease.

16. COMPLIANCE WITH LAWS
A. Tenant, at its sole expense, shall promptly comply with all applicable laws, ordinances, rules, regulations, permits or requirements now or hereafter in effect (whether foreseen or unforeseen by Landlord or Tenant), with the requirements of any board of fire underwriters or similar body now or hereafter constituted; with any occupancy certificate issued by any public officer and with the provisions of all recorded documents affecting the Premises, insofar as any of the foregoing relate to or affect the condition, use or occupancy of the Premises. Such compliance by Tenant shall include, without limitation, compliance with all obligations to alter, maintain, or restore the Premises or construct improvements in or to the Premises, regardless of cost and regardless of when during the term of the Lease the work is required.

B. Tenant and its officers, employees, agents and contractors or any tier shall comply with all applicable local, state, and federal laws and regulations including those laws which govern worker health and safety and reporting the use, handling, treatment, removal, or disposal of toxic or hazardous substances, materials or wastes, including without limitation all substances described in the definition of Hazardous Materials set forth in Exhibit B attached hereto and incorporated herein, which may exist on the Premises (herein “Hazardous Materials”). Tennant shall conduct its operations and the work on the Premises so as to avoid unfavorable impact upon the environment and shall take all required steps to minimize dust and noise in conformance with governmental standards. Tenant and its employees, agents, consultants and contractors or any tier shall properly and lawfully transport and dispose of any and all waste and Hazardous Materials generated by Tenant’s activities on the Premises.

C. Tenant understands and agrees that Landlord is entering into this Lease in its capacity as a landowner with a proprietary interest in the Premises and not as a regulatory agency of the City of Marina with certain police powers. Landlord's legal status shall in no way limit the obligation of Tenant to obtain any required approvals from Landlord's departments, boards, or commissions that have jurisdiction over the Premises. By Landlord's entering into this Lease, neither Landlord nor any of City Council, boards, commissions, agencies, departments, or Affiliates obligates itself to any other governmental agent, board, commission or agency, or to Tenant, or to any other individual or entity, with regard to any discretionary action relating to development or operation of the Premises. Discretionary action includes but is not limited to rezonings, variances, environmental clearances, or any other governmental agency approvals that may be required or desirable for the improvement, alteration, or operation of the Premises. By entering into this Lease, Landlord is in no way modifying or limiting the obligation of Tenant to cause the Premises to be used and occupied in accordance with all laws.

17. ACCESS TO PROPERTY BY OTHERS
The City, its agents, and employees shall have the right to enter the Premises at any time, provided such entry does not cause unreasonable interference with Tenant's business.

18. UTILITIES
11 Tenant shall make all arrangements for and pay for any utilities and services furnished to or used by it to use or maintain the Premises and any improvements thereon, including without limitation, telephone, gas, electricity, garbage, water and sewer services. Tenant is informed and acknowledges that as of the Effective Date there are no utilities serving the Premises.

19. ASSIGNMENT AND SUBLETTING PROHIBITED
This Lease is personal and exclusive to Tenant. Tenant may not assign or sublease this Lease in whole or in part without the City Manager's prior written consent, to be granted or withheld in the exercise of reasonable discretion. No reference to sublessees or assignees elsewhere in this Lease shall be construed to the contrary. If Tenant attempts to assign or sublease this Lease without the City Manager's prior consent, the City Manager shall have the sole option to terminate the Lease.

20. INDEMNIFICATION
A. To the fullest extent permitted by law, Tenant shall (1) immediately defend and (2) indemnify the City, and its officers, and employees from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the Lease. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The Tenant's obligation to indemnify applies regardless of whether a liability is a result of the negligence of any other person, unless it is adjudicated that the liability is caused by the sole active negligence or sole willful misconduct of an indemnified party.

B. The duty to defend is a separate and distinct obligation from the Tenant’s duty to indemnify. The Tenant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, and employees, immediately upon submittal to the Tenant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. A determination of comparative active negligence or willful misconduct by an indemnified party does not relieve the Tenant from its separate and distinct obligation to defend the City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if Tenant asserts that liability is caused in whole or in part by the negligence or willful misconduct of the indemnified party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an indemnified party, Tenant may submit a claim to the Landlord for reimbursement of reasonable attorneys’ fees and defense cost.

C. The review, acceptance or approval of any of Tenant’s work or work product by any indemnified party shall not affect, relieve or reduce the Tenant’s indemnification or defense obligations. This Section survives the termination of this Lease. The provisions of this Section are not limited by and do not affect the provisions of this Lease relating to insurance.

D. Liabilities subject to this Section include any claim of discrimination or harassment, including but not limited to sexual harassment, arising from the conduct of the Tenant or any of the Tenant’s officers, employees, agents, licensees, or subcontractors. In the event of a discrimination or harassment complaint against any employee, agent, licensee or subcontractor of the Tenant or its subcontractors, the Tenant shall take immediate and appropriate action in response to such complaint, including, but 12 not limited to termination or appropriate discipline of any responsible employee, agent, licensee or subcontractor.

21. INSURANCE
A. Tenant shall procure, maintain and require the following insurance:

1. Tenant will maintain and ensure any of its contractors or subcontractor of any tier maintain insurance coverage appropriate for the activities to be conducted on the Premises which, at a minimum, will be primary Commercial General Liability (CGL) coverage of one million dollars ($1,000,000( per occurrence and two million dollars ($2,000,000) in the general aggregate amount as well as business auto insurance and employer’s liability to the satisfaction of the City’s Risk Manager and workers’ compensation as required by law. City and its Council, boards, commissions, officers, employees, and volunteers shall be added as additional insureds on the CGL, business auto and employer liability coverage(s). Tenant agrees to provide evidence of the insurance required herein, satisfactory to the City prior to taking any steps in furtherance of this Lease consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement naming the City, its Council boards, commissions, officers, and employees as additional insured using ISO or ACCORD forms. 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 Right of Entry in no way waives any right or remedy of City or any additional insured in this or any other regard. Tenant agrees to require all contractors, subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. Tenant agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. Tenant’s insurance shall be primary insurance as respects the City, its officials, officers, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officials, officers, and employees shall be excess of Tenant’s insurance and shall not contribute with it. Tenant agrees to require that no contract used by any contractor or subcontractor, will reserve the right to charge back any cost to City. Failure of City to request copies of evidence of such insurance or other documents will not impose any liability on City, its Council, commissions, officers, employees and volunteers. Such comprehensive general liability insurance shall include public liability and property damage insurance, including personal injury, broad form property damage, blanket contractual, and other coverage as may be reasonably required by the City. The City shall have the right, from time to time, to require Tenant to increase the amount of its comprehensive general liability insurance coverage if, in the City’s reasonable opinion, the amount of such coverage is not sufficient in light of the risks insured and Tenant's use of the Property.

2. . Special form property insurance for the full replacement cost of damage to the Building, including, without limitation, alterations, Tenant's work, trade fixtures, furnishings, equipment, goods and inventory, and, during any term of construction of Tenant's work, builders' All-Risk Insurance. Such insurance shall include coverage for vandalism and malicious mischief and cost of demolition and increased cost of construction by reason of changes in applicable ordinances/laws and shall not contain a co-insurance clause. Before commencing any construction work and during the course of construction, Tenant agrees to cause its contractor(s) of any tier to be obtain, with a responsible insurance carrier authorized under the laws of the State of California to insure employees against liability for compensation under the Workers Compensation Insurance and Safety Act, compensation insurance covering full liability for compensation under said Act, for any person injured while performing any work or labor incidental to the work in or on the Premises. During the course of construction, Tenant shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance, including installation 13 floater coverage, in a sum equal, from time to time, to the agreed full replacement cost of Buildings PO 1637 prior to completion of the improvements in the amount of Three Million dollars ($3,000,000) plus the amount to be expended for construction of the reroof in the estimated amount of Eight-Thousand dollars ($8,000). All risk of loss or damage to the improvements during the course of construction shall be on Tenant with the proceeds from insurance thereon payable to Tenant. The City and Tenant general contractor, shall be additional named insureds on Tenant’s builder’s risk and liability insurance.

3. The City maintains insurance coverage on the Property for damage by fire in an amount equal to the full replacement value of the structure and any fixtures on the Property at the commencement of this Lease and will, upon request, provide information to Tenant concerning the form and amount of the fire insurance coverage maintained by the City. Tenant and any of its independent contractors shall be responsible for providing insurance for any personal property brought onto the Premises..

B. All policies of insurance and all renewals thereof shall be approved as to form and sufficiency by the City’s Risk Manager and shall be issued by good and responsible companies qualified to do and doing business in California and rated A VII or better in the most recent version of Best's Insurance Guide. Each of the required insurance coverage’s except for workers compensation (i) shall name Landlord and each of its Affiliates as additional insured and, with respect to casualty insurance, as their respective interests may appear and (ii) shall provide that it may not be canceled or altered by the insurer in such manner as to adversely affect the coverage unless thirty (30) days' prior notice is given by certified mail to the City at the address set forth in Subsection G below, or to such place as Landlord may from time to time designate in a notice to Tenant.

C. An original certificate of each policy of insurance shall be delivered to Landlord prior to the date the Property is delivered to Tenant and from time to time during the Term. If Tenant shall fail to procure or maintain any insurance required hereunder or shall fail to furnish to Landlord any duplicate policy or certificate, the City may obtain such insurance; and any premium or cost paid by the City for such insurance shall be reimbursed by Tenant promptly upon the City’s demand. Tenant shall make good faith efforts to ensure that at least sixty (60) days prior to the expiration of any such policy, an extension endorsement showing that such insurance coverage has been or will be renewed or extended shall be delivered to Landlord and if, despite such good faith efforts, such extension endorsement cannot be timely delivered, Tenant shall cause to be delivered to Landlord within said time other reasonable documentary evidence of renewal of coverage and shall continue exercising diligent efforts to deliver to Landlord the required extension endorsement. If such coverage is canceled or reduced, Tenant, within ten (10) days after receipt of written notice of such cancellation or reduction in coverage but in no event later than the effective date of cancellation or reduction, shall deliver to Landlord a certificate showing that the required insurance has been reinstated or provided through another insurance company(ies).

Upon Tenant's failure to so deliver such certificate, Landlord may, without further notice and at its option, (1) exercise Landlord's rights as provided in this Lease or (2) procure such insurance coverage at Tenant's expense and Tenant shall promptly reimburse Landlord for such expense.

D. If any of the insurance required in this Paragraph 21 is provided under a claims made form of policy, Tenant shall maintain such coverage continuously throughout the Term and without lapse for a period of not less than five (5) years beyond the termination of this Lease, to the effect that should occurrences during the Term give rise to claims made after termination of this Lease, such claims shall be covered by such claims-made policies.
14 E. Each of Tenant's property insurance policies insuring Tenant's property shall include a waiver of the insurer's right of subrogation against Landlord.

F. Tenant hereby releases Landlord with respect to any claim (including a claim for negligence) which Tenant might otherwise have against Landlord for loss, damage or destruction of Tenant's property occurring during the Term to the extent to which Tenant is insured under a policy(ies) containing a waiver of subrogation. If, notwithstanding the recovery of insurance proceeds by Tenant for such loss, damage or destruction, Landlord is liable to Tenant with respect thereto or is obligated under this Lease to make replacement, repair, restoration or payment, then (provided Tenant's right of full recovery under its insurance policies is not thereby prejudiced or otherwise adversely affected) the amount of the net proceeds of the Tenant's insurance against such loss, damage or destruction shall be offset against Landlord's liability to Tenant therefore or shall be made available to Landlord to pay for replacement, repair or restoration, as the case may be. Nothing contained herein shall relieve either party of any duty to repair, restore or rebuild imposed elsewhere in this Lease or shall nullify any abatement of rent provided for elsewhere in this Lease.

G. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Lease, Tenant shall immediately notify the Landlord's Risk Manager. If any accident occurs in connection with this Lease, Tenant shall promptly submit a written report to Landlord, in such form as the Landlord may require. This report shall include the following information: 1) name and address of the injured or deceased person(s); 2) name and address of Tenant's subtenant, if any; 3) name and address of Tenant's liability insurance carrier; and 4) a detailed description of the accident, including whether any of Landlord's equipment, tools or materials were involved. Tenant shall forward all insurance documents to:

City of Marina
Office of City Manager
211 Hillcrest Avenue
Marina, CA 93933

22. DEFAULT
The occurrence of any one of the following shall constitute an event of default on the part of Tenant:

A. Failure To Use Premises. Failure to use the Premises as specified in Paragraph 7.

B. Nonpayment of Rent. Failure to pay any installment of rent or any other sum due and payable hereunder upon the date when such payment is due, such failure continuing for a period of five (5) days after written notice of such failure.

C. Other Obligations. Failure to perform any obligation, agreement or covenant under this Lease, such failure having continued for thirty (30) days after notice of such failure from Landlord or such longer period as is reasonably necessary to remedy such default, provided that Tenant has commenced to remedy the default within such thirty (30) day period and shall continuously and diligently pursue such remedy until such default is cured.

D. General Assignment. A general assignment by Tenant for the benefit of creditors.

E. Bankruptcy. The filing of a voluntary petition in bankruptcy by Tenant, or the filing of an involuntary petition by Tenant's creditors, which involuntary petition remains undischarged for a period of thirty 15 (30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and to continue to perform the obligations of Tenant hereunder, such trustee or Tenant, in such time period as may be permitted by the bankruptcy court having jurisdiction, shall cure all defaults of Tenant hereunder outstanding as of the date of affirmance and shall provide to Landlord such adequate assurances as may be necessary to ensure Landlord of the continued performance of Tenant's obligations hereunder. Any transferee (by operation of law or otherwise) must provide Landlord with adequate assurance of its future performance under this Lease. In the event of Tenant's bankruptcy, insolvency or reorganization, the parties specifically intend that the actions of the trustee or Tenant in assuming and/or assigning this Lease shall be governed by Section 365 of Title 11 of the United States Code applicable to shopping center leases.

F. Receivership. The employment of a receiver to take possession of all or substantially all of tenant's assets in the premises.

G. Insolvency. The attachment, execution or other judicial seizure of all or substantially all of tenant's assets in or on the premises; the admission by tenant in writing of its inability to pay its debts as they become due; the filing by tenant of a petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future law or regulation; the filing by tenant of an answer admitting or failing timely to contest a material allegation of a petition filed against tenant in any such proceeding or if, within thirty (30) days after the commencement of any proceeding against tenant seeking reorganization or arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future law or regulation, such proceeding shall not have been dismissed.

23. REMEDIES UPON DEFAULT
A. Termination. In the event of the occurrence of any event of default, Landlord shall have the right immediately to terminate this Lease by written notice and at any time thereafter to recover possession of the Premises or any part thereof and to expel and remove Tenant, any other person or party occupying the same and all Premises located therein, by any lawful means and to reenter the Premises without prejudice to any of the remedies that Landlord may have under this Lease or under law or equity.

B. Continuation After Default. In the event of any default, this Lease shall continue in effect for so long as Landlord does not terminate this Lease under subparagraph A above. In such case, Landlord may enforce all its rights and remedies under this Lease, including without limitation, the right to recover rent as it becomes due, and all of its rights and remedies under law. Acts of maintenance, preservation, efforts to relet the Premises for Tenant's account or the appointment of a receiver upon application of Landlord to protect Landlord's interest under this Lease shall not constitute an election to terminate this Lease or Tenant's right to possession.

C. Damages Upon Termination. Should Landlord terminate this Lease pursuant to subparagraph A above, in addition to any other rights and remedies to which it may be entitled under applicable law, Landlord shall be entitled to recover from Tenant: (i) the worth at the time of the award of the unpaid rent and other amounts which had been earned at the time of termination; plus (ii) the worth at the time of the award of the amount by which the unpaid rent which would have been earned after termination until the time of the award exceeds the amount of such rent loss that Tenant proves reasonably could have been avoided; plus (iii) the worth at the time of the award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the amount of such 16 rent loss that Tenant proves reasonably could be avoided; plus (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which, in the ordinary course of things, would likely result therefrom, including without limitation, the costs and expenses (including brokerage commissions and advertising costs) incurred by Landlord, with or without terminating the Lease, (1) in retaking possession of the Premises; (2) in cleaning and making repairs and alterations to the Premises reasonably necessary to return the Premises to good condition for the use permitted by this Lease and otherwise to prepare the Premises for reletting;(3) in removing all persons and personal property from the Premises and transporting and storing any of Tenant's personal property left at the Premises, although Landlord shall have no obligation to remove, transport, or store any of such personal property; and (4) in reletting the Premises for such term, at such rent and upon such other terms and conditions as Landlord in its sole discretion may deem advisable; plus (v) such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time under California law. The "worth at the time of award" of the amounts referred to in (i) and (ii) shall be computed with interest at the maximum rate allowed by law.

The "worth at the time of award" of the amount referred to in (iii) shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award plus one percent (1%).

D. Computation of Rent For Purposes of Default. For purposes of computing unpaid rent which would have accrued and become payable pursuant to subparagraph C above, unpaid rent shall include the total rent for the balance of the term of the Lease.

E. Remedies Cumulative. All rights, privileges and elections or remedies of the parties are cumulative and not alternative to the extent permitted by law and except as otherwise specifically provided herein.

F. No Waiver. Landlord's waiver of any breach of a covenant or condition hereof, or Landlord's failure to declare any default immediately upon occurrence thereof or a delay in taking any action in connection therewith shall not waive such breach or such covenant or condition or any subsequent breach thereof.

The subsequent acceptance of rent or other monies by Landlord shall not be deemed a waiver of any preceding default by Tenant, other than the failure of Tenant to pay the particular rent or other sum so accepted, regardless of Landlord's knowledge of such default at the time of its acceptance of rent.

G. No Right of Redemption. Tenant waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 and 1179 or any other present or future law in the event Tenant is evicted or Landlord takes possession of the Premises by reason of Tenant's default.

24. ENVIRONMENTAL OBLIGATIONS
A. Tenant shall not, without Landlord's prior written consent (which consent may be granted or denied in Landlord's sole discretion), install, bring into or release or discharge in, on, under, around, or from the Premises any (i) asbestos-containing materials, (ii) electrical transformers, fluorescent light fixtures with ballasts or other equipment containing PCB's or (iii) materials which constitute hazardous, extremely hazardous or toxic materials under the Resource Conservation and Recovery Act, the California Hazardous Waste Control Act, the Comprehensive Environmental Response Compensation and Liability Act, the California Safe Drinking Water and Toxic Enforcement Act of 1986 or any other applicable law or regulation concerning hazardous or toxic materials, (collectively "Hazardous Materials”) and has not done so prior to the effective date of this Lease. Any Hazardous Substances which are used, stored, treated, disposed of or released from the Premises by Tenant or its representatives, agents, employees 17 or invitees, shall be used, stored, treated, released and disposed of in accordance with all applicable laws and regulations.

B. If Tenant knows or has reasonable cause to believe that any Hazardous Substance has been released on or beneath the Premises, Tenant shall immediately notify the City Manager and promptly give written notice of same to Landlord. If Tenant knows or has reasonable cause to believe that such substance is an imminent and material danger to public health or safety, Tenant shall take all actions necessary to alleviate such danger. Tenant shall provide to Landlord as promptly as possible, and in any event within five business days after Tenant first receives or sends the same, copies of all claims, reports, complaints, notices, warnings or asserted violations relating in any way to the Premises or Tenant's use thereof and concerning Hazardous Materials. Tenant shall not negotiate or enter into any settlement agreement, consent decree or other compromise in respect of Hazardous Materials affecting the Premises or the Premises without first giving Landlord prior written notice and full opportunity to appear, intervene or otherwise protect Landlord's rights and interests.

C. Without limitation of the provisions of Paragraph 15 hereof, Tenant shall indemnify, defend and hold Landlord and its affiliates harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term of this Lease as a result of the handling of Hazardous Materials on the Premises, or by Tenant, its agents or invitees, including without limitation, all costs of monitoring, investigating, and remediation of the same, damages for diminution in the value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages arising from any adverse impact on marketing of any such space and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees. This indemnification by Tenant includes, but is not limited to, costs incurred in connection with any investigation of site conditions or any clean-up, remediation, removal or restoration work requested by Landlord or required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in the soil or groundwater in, on or under the Premises or in any improvements.

Without limiting the foregoing, if the presence of any Hazardous Materials, on, under or about the Premises caused or permitted by Tenant results in any contamination of the Premises or, Tenant, at its sole expense, promptly shall take all action that is necessary to return the Premises to the condition existing prior to the introduction of such Hazardous Materials in, on, under or about the Premises; provided that Landlord's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions could not potentially have any material adverse effect upon the Premises. Tenant's obligations under this Paragraph C shall survive the expiration or termination of this Lease.

25. CHANGES BY LANDLORD
A. The description of the Premises and the location of any Premises utility system(s), including without limitation electrical, plumbing, shall be subject to such minor changes as Landlord determines to be necessary or desirable in the course of any construction performed by or under the authorization of Landlord. No such changes shall invalidate or affect this Lease. Landlord shall effect such changes using reasonable efforts not to disturb Tenant's business. Tenant shall have no claim against Landlord for abatement of rent or loss of business as a result of any such disturbance.

B. Landlord shall have the right in its sole discretion to, among other things, change permitted land uses, install, maintain and remove public improvements, change the arrangement, character, use or location of entrances or passageways, walkways, streets, sidewalks, parking areas, stairs, landscaping, toilets, 18 and other facilities.. None of the foregoing shall be deemed an actual or constructive eviction of Tenant, nor shall it entitle Tenant to any reduction of rent hereunder or result in any liability of Landlord to Tenant; provided, however, Landlord shall not unreasonably obstruct or interfere with access to or the lines of sight toward the Premises.

26. LANDLORD'S RIGHT TO CURE All covenants to be performed by Tenant shall be performed at Tenant's sole cost and expense and without abatement of rent. Without limiting Landlord's rights under any other provision of this Lease, if Tenant shall fail to pay any sum of money or shall fail to perform any other act and such failure shall have become an event of default under Paragraph 19, Landlord, without waiving or releasing Tenant from any of its obligations, may make (but shall not be obligated to make) any such payment or perform any such other act. All sums so paid by Landlord and all necessary incidental costs shall be deemed additional rent and shall be payable to Landlord immediately upon Landlord's written demand.

27. EMINENT DOMAIN
A. If all or any part of the Premises shall be taken as a result of the exercise of the power of eminent domain, this Lease shall terminate as to the part so taken on the earlier of the dates that title vests in the condemning authority or such authority takes possession of the Premises. In the case of a partial taking, either Landlord or Tenant shall have the right to terminate this Lease as to the balance of the Premises by written notice to the other party within thirty (30) days after such date of taking; provided, however, that Tenant shall have no right to terminate this Lease unless the portion of the Premises taken shall be of such extent and nature as substantially to impede or impair Tenant's use of the balance of the Premises. In the event of any such taking, Landlord shall be entitled to all compensation, damages, income, rent, awards and interest that may be paid or made in connection with such taking.

Tenant shall have no claim against Landlord for the value of any unexpired Term; however, Landlord shall cooperate with Tenant if Tenant seeks to recover, at its sole expense, proceeds or awards paid to compensate for damage to the Tenant's business. Any such amounts recovered shall belong to Tenant.

B. If any part of the Premises shall be so taken and this Lease shall not be terminated, then this Lease shall continue in full force and effect, except that the Rent shall be reduced in the same proportion that the rentable area of the Premises taken bears to the original rentable area of the Premises. Landlord, upon receipt of the award, shall make all necessary repairs and alterations (exclusive of Tenant's trade fixtures, furniture, furnishings, personal property and contents) to restore the portion of the Premises remaining to as near its former condition as the circumstances will permit and to restore the Building to the extent necessary to constitute the portion of the Building not so taken a complete architectural unit. Landlord, in any event, shall not be required to spend for such repairs and alterations an amount in excess of the amount received by Landlord as damages for the taking of such part of the Premises and/or Building; and Tenant, at its sole cost and expense, shall make all necessary repairs and alterations to Tenant's trade fixtures, furniture, furnishings, personal property and contents.

C. As used herein, the "amount received by Landlord" shall mean that portion of the award received by Landlord as damages from the condemning authority which is free and clear of all prior claims or collections by Landlord and less reasonable attorneys' and appraisers' fees and expenses.

28. SUBORDINATION
A. This Lease shall be subject and subordinated to (i) all ground or underlying leases which have been or may hereafter be executed affecting the Premises, (ii) any Declaration of Covenants, Conditions and 19 Restrictions now or hereafter recorded affecting , all without the necessity of having further instruments executed on behalf of Tenant to effectuate such subordination.

B. Tenant agrees to execute and deliver upon demand such further instruments or documents as may reasonably be required by Landlord to evidence any such subordination of this Lease. Tenant hereby constitutes and appoints Landlord, as Tenant's attorney-in-fact, coupled with an interest, to execute and deliver any such instrument(s) on behalf of Tenant.

29. RISK OF LOSS
Tenant bears all risk of loss under this Lease.

30. CONFORMITY WITH LAW AND SAFETY
A. Tenant shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the activities of Tenant hereunder, including the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, and all applicable federal, state, municipal and local regulations relating to health, safety, noise, environmental protection, waste disposal, Hazardous Materials, water and air quality. All activities conducted by Tenant on the Premises must be in accordance with these laws, ordinances, codes and regulations. Tenant shall release, defend, indemnify and hold harmless City, its officers, agents, volunteers and employees from any and all damages, liability, fines, penalties and consequences from any noncompliance or violation of any laws, ordinances, codes or regulations.

B. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Lease, Tenant shall immediately notify the City's Manager. If any accident occurs in connection with this Lease, Tenant shall promptly submit a written report to City, in such form as the City may require. This report shall include the following information: 1) name and address of the injured or deceased person(s); 2) name and address of Tenant's liability insurance carrier; and 3) a description of the accident, including if any of City's equipment, tools or materials were involved.

31. INSPECTION BY CASP
As of the date of this Lease, the Premises has not been inspected by a Certified Access Specialist and has not been determined to meet all applicable construction-related accessibility standards pursuant to California Civil Code 55.53. Tenant understand that h the exception of: (1) an Americans with Disabilities Act (ADA) compliant path of travel from the public way to inside the building, including common area; and the ADA compliant restroom on the first floor of building PO 1637, City makes no representation concerning the Premises compliance with the ADA. Tenant is solely responsible for determining whether or not its intended use of Building PO 1637 will be or is in compliance with the ADA. The parties acknowledge that certain portions of Building PO 1637 remain inaccessible for some disabled individuals. Upon the Effective Date of this Agreement Tenant shall be responsible for the Premises compliance with the ADA and Tenant shall hold Landlord harmless for any liability loss, damages, or claim arising out of or related to compliance with the ADA.

32. INDEPENDENT CAPACITY
For purposes of this Lease, and for the duration of this Lease, Tenant and its agents and employees shall be, and are, an independent contractors and not an agent or employee of the City. Tenant has and shall 20 retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting Tenant in the performance of this Lease. Tenant shall be solely responsible for all matters relating to the payment of its employees, including compliance with Social Security withholding taxes and all regulations governing such matters, and shall be solely responsible for its own acts and those of its agents and employees.

33. NON-DISCRIMINATION In the performance of this Lease, Tenant agrees as follows:

Tenant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, age (over 40), sex, pregnancy, marital status, disability, sexual orientation or AIDS.

34. CONFLICT OF INTEREST PROHIBITED
A. In accordance with Government Code section 1090, neither Tenant nor any employee, officer, director, partner or member of Tenant, or immediate family member of any of the preceding, shall have served as an elected officer, an employee, or a City board, committee or commission member, who has directly or indirectly influenced the making of this Lease.

B. In accordance with Government Code section 1090 and the Political Reform Act, Government Code section 87100 et seq., no person who is a director, officer, partner, trustee, employee or consultant of the Tenant, or immediate family member of any of the preceding, shall make or participate in a decision made by the City or a City commission, board or committee, if it is reasonably foreseeable that the decision will have a material effect on any source of income, investment or interest in real property of that person or Tenant.

C. Interpretation of this section shall be governed by the definitions and provisions used in the Political Reform Act, Government Code section 87100 et seq., its implementing regulations, manuals and codes, Government Code section 1090.

35. SETOFF AGAINST DEBTS
Tenant agrees that City may deduct from any payments due to Tenant under this Lease any monies that Tenant owes City under any ordinance, Lease or resolution for any unpaid taxes, fees, Leases, unpaid checks or other amounts.

36. GOVERNING LAW
This Lease shall be deemed to have been executed in Monterey County. The laws of the State of California, excluding its conflict of laws rules, shall govern the formation, interpretation and performance of this Lease. Venue for all litigation relative to the formation, interpretation and performance of this Lease shall be in Monterey County, California.

37. AMENDMENTS
The terms of this Lease shall not be altered or otherwise modified except by a written amendment to this Lease executed by City and Tenant.

38. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I D NUMBER Tenant has obtained a City business Lease as required by Marina Municipal Code. Chapter 5.08, Tenant shall pay all state and federal income taxes and any other taxes due. 21 39. SEVERABILITY
If any part of this Lease or the application thereof is declared invalid for any reason, such invalidity shall not affect the other terms of this Lease which can be given effect without the invalid provision or application, and to this end the provisions of this Lease are declared to be severable.

40. WAIVER
Failure of City to insist on strict performance shall not constitute a waiver of any of the provisions of this Lease or a waiver of any other default of Tenant.

41. EFFECT ON SUCCESSORS AND ASSIGNS
This Lease shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto.

42. UNAVOIDABLE DELAYS
A. In the event that Tenant or Landlord is delayed, directly or indirectly, from the performance of any act or thing required to be done or performed under the terms or conditions hereof by acts of the other party to this Lease, acts of God, fire, floods, inclement weather, unavoidable governmental action, strikes or labor difficulties of any and all kinds, shortages of or delay in the delivery of materials, acts of war, riot and civil commotion, or by any other cause beyond the reasonable control of Tenant or Landlord, as the case may be, such failure shall not be deemed to be a breach of this Lease or a violation of any such covenants or conditions and the time within which Tenant or Landlord must perform any such act shall be extended by a period of time equal to the period of delay arising from any of such causes.

B. Notwithstanding any provision of this Paragraph 42 or any other provision of this Lease to the contrary, it is understood and agreed that there shall be no abatement of, or delay in the commencement of, or payment of any sum due to Landlord under this Lease

43. TIME OF THE ESSENCE
Time is of the essence of each and every covenant and condition of this Lease.

45. ENTIRE AGREEMENT
A. The terms and conditions of this Lease, all exhibits attached and any documents expressly incorporated by reference, represent the entire agreement between the parties with respect to this Lease. This Lease shall supersede any and all prior agreements, oral or written, regarding the subject matter between City and Tenant. No other agreement, statement, or promise relating to this Lease shall be valid or binding except by a written amendment to this Lease.

B. If any conflicts arise between the terms and conditions of this Lease and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Lease shall control.

46. EXECUTION IN COUNTERPARTS
This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same document. 22 IN WITNESS WHEREOF, City and Tenant acknowledge that they have read and understand this Lease, to be effective on the date first written above and hereby execute this Lease.

CITY OF MARINA, JOBY AERO, INC
a municipal corporation a Delaware corporation

By: By: ___________________________ Bruce C. Delgado, Mayor Name:

Its:

Dated: ______________________ Dated: ________________________

(Pursuant to Reso. 2022-_____)
ATTEST:
_______________________
City Clerk
APPROVED AS TO FORM:
________________________
Legal Counsel for the City

23 EXHIBITS
[TO BE ADDED]

EXHIBIT A
DEPICTION OF THE [INITIAL] LEASEHOLD

WEST LIEN-TO AND WEST BAY

EXHIBIT B

DEFINITION OF HAZARDOUS MATERIALS

EXHIBIT C

ARMY CORPS OF ENGINEERS ASBESTOS SURVEY REPORT
24 Exhibit “A”
25 HAZARDOUS MATERIALS
“Hazardous Materials” shall mean any and all (a) substances, products, by -products, waste, or other materials of any nature or kind whatsoever which is or becomes listed, regulated or addressed under any Environmental Laws, and (b) any materials, substances, products, by - products, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in comb ination with other materials, substances, products, by -products, or waste may give rise to liability under any Environmental Law or any statutory or common law theory based on negligence, trespass, intentional tort, nuisance, strict or absolute liability o r under any reported decisions of any state or federal court; and (c) any substance, product, by -product, waste or any other material which may be hazardous or harmful to the air, water, soil, environment or affect industrial hygiene, occupational, health, safety and/or general welfare conditions, including without limitation, petroleum and/or asbestos materials, products, by - products, or waste.
“Environmental Laws” shall mean and include all federal, state, and local laws, statutes, ordinances, regulations, resolutions, decrees, and/or rules now or hereinafter in effect, as may be amended from time to time, and all implementing regulations, directives, orders, guidelines, and federal or state court decisions, interpreting, relating to, regulating or impos ing liability (including, but not limited to, response, removal, remediation and damage costs) or standards of conduct or performance relating to industrial hygiene, occupational, health, and/or safety conditions, environmental conditions, or exposure to, contamination by, or clean-up of, any and all Hazardous Materials, including without limitation, all federal or state superlien or environmental clean-up statutes

EXHIBIT B
26 EXHIBIT C
27 28
29 30
31 32
33 34
35 36
37 April 13, 2022 Item No: 8g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 19, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING AN UPDATED AGREEMENT, WORK PLAN AND BUDGET FOR

ACCESS MONTEREY PENINSULA (AMP) FOR PUBLIC , EDUCATION AND GOVERNMENT (PEG) BROADCASTING SERVICES FOR FY 2022-2023, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON

BEHALF OF THE CITY , AND AUTHORIZING FINANCE DIRECTOR TO

MAKE THE NECESSARY BUDGETARY AND ACCOUNTING ENTRI ES AND

APPROPRIATE PAYMENTS TO AMP, AND PROVIDE STAFF WITH

FURTHER DIRECTION IN THE MATTER

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, approving the updated agreement, work plan and budget for Access Monte rey Peninsula (AMP) for public, education and governme nt (PEG) broadcasting services for FY 2022-23; and,

2. Authorizing the City Manager to execute the agreement on behalf of the City; and,

3. Authorizing the Finance Director to make the necessary budgetary and accounting entries and appropriate payments to Access Monterey Peninsula.

BACKGROUND:

At the regular meeting of September 21, 201 0, the City Council adopted Resolution No. 20 10-158 approving an Agreement between the City of Marina and Access Monterey Peninsula (AMP).

Pursuant to the Agreement, AMP operates three Public, Education and Government (PEG) broadcasting channels and provides related broadcasting services to the City of Marina. The channels feature content from the public, educational and government segments of the Marina community as well as on -screen listings of community events.

Currently, City Council and some City C ommission meetings (prior to COVID) are presented live with repeat broadcasts over the Marina City channel. In addi tion, live Internet streaming of the Marina City channel is available as a parallel broadcast service with a Windows Media web stream generated from AMP's servers. On-demand playback of all meetings televised on the Marina City channel is available on the Internet as streaming video as well.

At the regular meeting of October 19, 2010, the City Council adopted Ordinance No. 2010--05, adding Chapter 5.56 to th e Marina Municipal Code, implementing provisions of the Digital Infrastructure and Video Competition Act (DIVCA).

Effective with the expiration on October 20, 2012 of the existing franchise with the incumbent cable provider, currently Comcast, all state franchise holders operating within the City shall pay to the City a PEG Support Fee in the amount of 2.8% of gross revenues. The PEG Support Fee shall be used for PEG purposes, in a manner that is consistent with federal and state law Per the prior Agreement, on or before April 30 of each year , AMP is required to provide to the City, for City Council consideration and approval, an Annual Plan and Budget outlining activities and programs planned for the next fiscal year. This agreement is expired and is in need of renewal.

ANALYSIS:

The City wishes to provide a Public Educational and Government (PEG) channel pursuant to Chapter

5.56 State Video Franchise . Since 20 10, the City has contracted with Access Monterey Peninsula (AMP), a PEG management entity serving cities on the Monterey Peninsula, to provide PEG access programming and services. The City wishes to continue to utilize AMP to serve as the access management organization to ope rate and manage PEG access, and be the recipient of those PEG access channels, funding, and resources provided by video service providers pursuant to DIVCA and the City Code. AMP has agreed to serve the City, and the community, by managing the Communit y Media Center and providing PEG access programming, and services in a manner consistent with applicable law and best practices.

The Agreement with AMP to provide PE G services to the C ity of Mar ina has expired and the services have continued to be provided under the terms of the 2010 Agreement. It is now necessary to update the Agreement to ensure th at it is up to date . City staff and AMP representatives have drafted the updated Agreement found in EXHIBIT “A”.

The updated Agreement calls for AMP to submit its proposed Work Plan and Budget Annually. This Work Plan shall contain the required information, as follows:

1. A statement of anticipated number of hours of local original PEG access programming;

2. Training classes to be offered and frequency of classes;

3. Public meeting coverage;

4. Other access activities planned by AMP; and

5. A detailed operating and capital equipment and facilities budget.

The Work Plan and Budget for FY 2022-23 included as EXHIBIT “B”. Under the Work Pl an, AMP proposes to continue the current services. AMP will p rovide live coverage and replays on cable TV systems operating in Marina of all official meetings of the City Council, Planning Commission and other boards and commissions held in the Council Ch ambers. AMP will also continue to p rovide a streaming internet channel simulcast of the cable TV channel as well as on-demand delivery of replays of televised meetings. AMP estimates that it will provide 180 hours of government programming and 100 hours of public access programming . Classes and trainings will be organized for the City staff as requested/as needed. These may include: equipment/camera usage, social media best practices, use o f hybrid technology, Zoom best practices, etc. Class es may also be organized for the public and may include a media training series for kids with a focus on ocean conservation.

PEG fees may only be used for capital expenditures pursuant to federal law, therefore, City PEG fees will not be used for operations. Instead, City PEG fees will be used by AMP solely for capital uses with operations relating to the City services paid from unrestricted funds, as explained in the Work Plan and Budget.

Once the City Council consider s and approves the proposed Plan and Budget , the necessary funds will be provided to AMP on a quarterly basis (schedule coincides with PEG fee payments paid by the cable companies and received by the City).

Further, there is approximately $47,000 in fund balance in the PEG Fund 210 (28-291) that may be used in addition to fund capital items such as Audio Video Upgrades in the City Council Chambers.

Proposed Budget FY 2022‐2023

1. The proposed budget requires AMP Media to operate a centr alized media center and broadcast facility as defined in the Operational Service Plan.

2. For FY 2022‐2023, AMP Media is requesting a 100% pass‐through of PEG funds accrued during the fiscal year, with the understanding that all funds received by AMP Media f rom the City are restricted to capital costs, per DIVCA requirements.

3. The proposed budget assumes approximately 280 hours of local, original PEG access programming specific to the City comprised of the following:
• 180 hours of government and City related programming. • 100 hours of public access programming.

4. Based on forecasted receipts expected by the end of this fiscal year from the City, AMP Media anticipates receiving approximately $12 0,000 in FY 20 22‐2023. With this assumption, the expenditure budget has been developed to ensure revenues meet expenses.

FISCAL IMPACT:

Should the City Council approve this request, the City will con tinue to receive PEG fees which must be used for to facilitate PEG acce ss to the cable system. The adopted FY 2022-23 budget for PEG revenues and expenditures will be consistent with the approved Work Plan and Budget.

Based upon the AMP Work Plan and Bud get, AMP will be using City PEG fees solely for capital expenditures.

CONCLUSION:

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

Respectfully submitted,

_____________________________
Matt Mogensen
Assistant City Manager
City of Marina

REVIEWED/CONCUR:

___________________________
Layne Long
City Manager
City of Marina

RESOLUTION NO. 2022-

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

AN UPDATED AGREEMENT, WORK PLAN AND BUDGET FOR ACCESS

MONTEREY PENINSULA (AMP) FOR PUBLIC, EDUCATION AND GOVERNMENT (PEG) BROADCASTING SERVICES FOR FY 2022-2023, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND

AUTHORIZING FINANCE DIRECTOR TO MAKE THE NECESSARY BUDGETARY

AND ACCOUNTING ENTRIES AND APPROPRIATE PAYMENTS TO AMP, AND

PROVIDE STAFF WITH FURTHER DIRECTION IN THE MATTER

WHEREAS, at the regular meeting of September 21, 2010 , the City Council adopted Resolution No. 2010-158 approving an Agreement between the City of Marina and Access Monterey Peninsula (AMP) , and;

WHEREAS, pursuant to the Ag reement, AMP operates three Public, Education and Government (PEG) broadcasting channels and provides related broadcasting services to the City of Marina. The channels feature content from the public, educational and government segments of the Marina commu nity as well as on-screen listings of community events, and;

WHEREAS, currently, City Council and some City Commission meetings are presented live with repeat broadcasts over the Marina City channel, and;

WHEREAS, live Internet streaming of the Marina City channel is available as a parallel broadcast service with a Windows Media web stream generated from AMP's servers and on -demand playback of all meetings televised on the Marina City channel is available on the Internet as streaming video as well, and;

WHEREAS, at the regular meeting of October 19, 2010, the City Council adopted Ordinance No. 2010- 05, adding Chapter 5.56 to the Marina Municip al Code, implementing provisions of the Digital Infrastructure and Video Competition Act (DIVCA), and;

WHEREAS, e ffective with the expiration on October 20, 2012 of the existing franchise with the incumbent cable provider, currently Comcast, all state franchise holders operating within the City shall pay to the City a PEG Support Fee in the amount of 2.8% of gross revenues, and;

WHEREAS, the PEG Support Fee shall be used for PEG purposes, in a manner that is consistent with federal and state law, and;

WHEREAS, the Agreement with AMP to provide PE G services to the C ity of Mar ina has expired and the services have continued to be provided under the terms of the 2010 Agreement. It is now necessary to update the Agreement to ensure that it is up to date. City staff and AMP representatives have drafted the updated Agreement found in Exhibit “A”.

Resolution No. 2022-
Page Two

WHEREAS, AMP has submitted its proposed Work Plan and Budget for FY 2022-23 which contains the required information (“Exhibit B”), and;

WHEREAS, there is approximately $47,000 in fund balance in this PEG Fund 210 (28-291) that may be used in addition to the services outlined in the attached work plan, and;

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

1. Adopting Resolution No. 2022-, approving the updated agreement, work plan and budget for Access Monterey Peninsula (AMP) for public, education and governme nt (PEG) broadcasting services for FY 2022-23; and,

2. Authorizing the City Manager to execute the agreement on behalf of the City; and,

3. Authorizing the Finance Director to make the necessary budgetary and accounting entries and appropriate payments to Access Monterey Peninsula.

PASSED AND ADOPTED by the City of Marina City Council at a regular meeting duly held on the 19th day of May 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor

ATTEST:

____________________________
Anita Sharp, Deputy City Clerk

ORDINANCE NO. 2022 -____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA, ADOPTING A MILITARY EQUIPMENT POLICY AND ADDING CHAPTER 9.26 TO TITLE 9 “PUBLIC PEACE, MORALS AND WELFARE ” OF THE MARINA MUNICIPAL

CODE TO ADOPT A MILITARY EQUIPMENT USE ORDINANCE

WHEREAS, on September 30, 2021, Governor Gavin Newsome signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (sections 7070-7075), relating to the use of military equipment by California law enforcement agencies; and

WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired. Or used; and

WHEREAS, the Marina Police Department is in possession of certain items o f equipment that qualify as “military equipment’ under AB 481 and further intends to acquire other items of military equipment; and

WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must pre pare a publicly release d written, military equipment use policy document covering the inventory, description, quantity , purpose, capabilities, use, lif espan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training ove rsight, and complaint process, applicable to the Department’s use of such equipment; and

WHEREAS, the policy must be approved by the City Cou ncil by ordinance, and reviewed annually thereafter; and

WHEREAS, the military equipment inventoried and presente d to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

WHEREAS, the proposed Military Equipment Use Policy, Marina Police Department Policy 707, will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and

WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

WHEREAS, prior military equipment use complied with the applicable equipment use po licy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, the Marina Police Department has submitted the proposed Policy to the City Council and has made those documents available on the Police Department ’s website for at least 30 days prior to the public hearing concerning the military equipment at issue; and

WHEREAS, the Policy satisfied the requirements of Government Code Section 7070(d); and

WHEREAS, the City Council recognizes that there is a need to enact th e restrictions contain in this Ordinance to protect the public health, safety, and welfare; and

Agenda Item: 8l(1)
City Council Meeting of
April 19, 2022
1 Ordinance No. 2022-
Page Two

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF T HE CITY OF MARINA HEREBY ORDAINS AS FOLLOWS:

Section 1. The City Council having received information required under AB 481 regarding the Marina Police Department’s use of military equipment as d efined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy attached hereto Exhibit A which shall govern the use of military equi pment by the Marina Police Department.

Section 2. A new Chapter 9.26 is added to Title 9 of the Marina Municipal Code to read as follows on the seven (7) pages attached hereto as Exhibit B:.

Section 3. The annual military equipment report for each type of military equipm ent in the Marina Police Department’s present inventory as presented to the City Council is attached hereto as Exhibit C

Section 4. The City Co uncil finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines because it is not a “project” and because it can be seen with certainty that there is no possibility th at the passage of this Ordinance will have a significant effect on th e environment.

Section 5. Any provision of the Marina Municipal Code or appe ndices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 6. This Ordinance shall be in full force and effect thirt y (30) days after its final passage, and the Ordinance shall be posted within fifteen (15) days after the adoption.

THE FOREGOING ORDINANCE was introduced following a public hearing held at a regular meeting of the City Council of the City of Marina on April 5, 2022 and will come for adoption as an Ordinance of the City of Marina at a regular meeting of the Council to be held on April 19, 2022.

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________
Anita Sharp, Deputy City Clerk

2 EXHIBIT A
3 4

5 6
1 Chapter: 9.26
“Military Equipment” Use Ordnance
Sections:

9.26.010 Name of Ordinance

9.26.020 Purpose.

9.26.030 Definitions.

9.26.040 Military Equipment Use Policy Requirement

9.26.050 Use In Exigent Circumstances

9.26.060 Reports on the Use of Military Equipment.

9.26.070 Severability

9.26.010 Name of Ordinance.

A. This Ordinance shall be known as the Military Equipment Use Ordinance.

9.26.020 Purpose.

A. The purpose of this ordinance is to ensure the Police Department’s compliance with California AB 481, which requires California law enforcement agencies to obtain approval of the law enforcement agency’s governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting prior to taking actions relating to the funding, acquisition, or use of military equipment. This ordinance also requires approval for the continued use of military equipment acquired prior to January 1, 2022. This ordinance also allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. (California Government Codes § 7070, § 7071, § 7072.)

9.26.030 Definitions.

A. “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

EXHIBIT B
7 2

(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

(6) Weaponized aircraft, vessels, or vehicles of any kind.

(7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

(11) Any firearm or firearm accessory that is designed to launch explosive projectiles.

(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.

(13) Taser Shockwave, microwave weapons, water cannons, and the Long- Range Acoustic Device (LRAD).

(14) The following projectile launch platforms and their associated munitions:
40 mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.

(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.

(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
8 3

B. “City” means any department, agency, bureau, and/or subordinate division of the City of Marina,

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Marina Police Department.

D. “City Council” means the governing body that is the Marina City Council.

E. “Military Equipment Use Policy” means a publicly released, written document governing the use of military equipment by the Police Department that addresses, at a minimum, all of the following:

(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

(2) The purposes and authorized uses for which the Police Department proposes to use each type of military equipment.

(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

(4) The legal and procedural rules that govern each authorized use.

(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the Police Department allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

(7) For the Police Department procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Police Department will ensure that each complaint, concern, or question receives a response in a timely manner. (California Government Codes § 7070.)

9 4

9.26.040 Military Equipment Use Policy Requirement.

A. The Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy at a regular meeting of the City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) prior to engaging in any of the following:

(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

(4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Marina.

(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council pursuant to this chapter.

(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.

(7) Acquiring military equipment through any means not provided by this section.

B. No later than May 1, 202 2, if seeking to continu e the use of any Military Equipment that was acquired prior to Janua ry 1, 2022, the Marina Police D epartment shall commence a City Council approval process in accordance with this sectio n. If the City Council does not approve the co ntinuing use of military e quipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted within 180 days of submission of the proposed m ilitary equipment use policy to the City Council, the Marina Police Department shall cease its use of the mili tary equipment until it receives the approval of the City Council in accordance with this section.

C. In seeking the approval of the governing body the Police Department shall submit a proposed military equipment use pol icy t o the City Council and make those documents available on the Police Department’s internet website at least 30 days pri or to any public hearing concerning the military equipment at issue.
10 5

D.. The City Council shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:

(1) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

(2) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties
.
(3) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

E. The C ity Council shall review this ordinance at least annually and vote on whether to renew it at a regular meeting held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

9.26.050 Use in Exigent Circumstances

A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this ordinance.

B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

(1) Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstances, unless such information is confidential or privileged under local, state or federal law.

(2) If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

(3) Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

11 6

9.26.060 Reports on the Use of Military Equipment

A The Police Department shall submit to City Council an annual military equipment report for each type of military equipment approved by City Council within one year of approval, and annually thereafter for as long as the military equipment is available for use.

B. The Police Department shall also make each annual military equipment report available on its internet website for as long as the military equipment is available for use.

C. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:

(1) A summary of how the military equipment was used and the purpose of its use.

(2) A summary of any complaints or concerns received concerning the military equipment.

(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

(5) The quantity possessed for each type of military equipment.

(6) If the Police Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this sect ion, the Police Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which th e general public may discuss and ask questions regarding t he annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment. (California Government Codes § 7072 (a)

E The City Council shall determine, based on the annual military equipme nt report submitted by the Marina Police Department whether each type of military equip ment identified in that report has complied with the standards for approval . In order t o facilitate public participation, any propose d or final Military Equipment Use Policy shall be made publicly available on the internet website of the Mari na Police Depa rtment fo r as long as the Military equipment is available for use. (California Government Codes § 7071 (a) (1) ). I f the City Council determines that a type of military equipment identified in that annual military equipment 12 7

report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of military equipment o r require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

9.26.070 Severability

A. If any section, subsection, senten ce, clause, phrase , or word of th is Chapter , or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the va lidity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase or wor d not dec lared inv alid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

13 AB 481 Category
Govt Code §7070(c): (1) Unmanned, remotely piloted, powered aerial or ground vehicles Description: Unmanned, remotely piloted, powered arial and ground vehicles Quantity (existing/sought): 2-Mavic Mini 2, 1-Mavic Enterprise, 1-Mavic Air 2 Capabilities:

Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Expected lifespan: 5 years
Manufacturer's description:

Unmanned Aircraft System (UAS) comprises an unmanned aircraft and the equipment necessary for the safe and efficient operation of that aircraft. The system generally includes a fixed or rotary-wing (tethered or non-thethered) aircraft and a ground control station.

Purpose(s)/Authorized Use:

To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel. UAS/Drone/Arial platforms may be used for search and rescue; suspect apprehension crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surviellance.

Initial cost: $16,000
Annual costs: $1,000
Legal:

All applicable State, Federal and Local laws. Any use of UAS/Drone platforms will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.

Procedural: Marina PD Policies - 612 (UAS Operations)
Required training:

Marina PD provides internal training for staff members prior to allowing them to operate the UAS(s). Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete training required by FAA COA.

Other: The Marina PD operates under a COA granted by the FAA. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MARINA POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use

EXHIBIT C
14 AB 481 Category
Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing/sought): 1 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of transporting personnel and equipment while providing them with armored protection. Also has a breaching apparatus that can be attached.

Expected lifespan: 10 years
Manufacturer's description:

The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The Bearcat has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose(s)/Authorized Use:

The SRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel. The SRU Rescue Vehicle will not be deployed for situations such as peaceful protests or demonstrations where violence is not threatened toward the public, property or law enforcement personnel. When deploying the vehicle one must consider how its use or misuse could create fear or distrust in the community and take steps to mitigate those negative effects. The SRU Rescue vehicle may be deployed for exhibition at community based events for the purpose of educating and familiarizing the public with its use and purpose.

Initial cost: 400K through UASI grant
Annual costs: $1k paid for by PRVNT Funds
Legal: All applicable State, Federal and Local laws.

Procedural: Marina PD Policies - 614 (High Risk Operations) Required training:

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises.

Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Marina Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Marina Police Depatment and utilized by MPRSRU SWAT. While the Marina Police Department does not own this equipment, it could be used in Marina by MPRSRU SWAT if they are deployed to an incident within city limits. It may also be used in Marina at community events for educational and familiarization purposes.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
15 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Semiautomatic Rifles and Ammunition
Quantity (existing/sought): 6 (existing)
Capabilities: The Colt AR-15 semiautomatic rifle is capable of firing .223/5.56 mm cal projectile bullet.

Expected lifespan: 15 years
Manufacturer's description: The Colt AR-15 is a lightweight, magazine-fed, gas-operated semi-automatic rifle. It is a semi- automatic version of the M16 rifle sold for the civilian and law enforcement markets.

Purpose(s)/Authorized Use:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(1) Situations where the member reasonably anticipates an armed encounter. (2) When a member is faced with a situation that may require accurate and effective fire at long range.
(3) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
(4) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When a member reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
(7) When needed to euthanize an animal.

Initial cost: Approximately $13,000
Annual costs: Approximately $680 (ammunition, repair parts, batteries, etc.) Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short- barreled rifles and police use of force.

Procedural: Marina PD Policies - 300 (Use of Force), 312 (Firearms), 424 (Rapid Response and Deployment),
Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

These rifles are standard issue service weapons for Marina PD officers and as a result exempted from the Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document for transparency.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
16 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Semiautomatic Rifles and Ammunition
Quantity (existing/sought): 2 (existing)
Capabilities: The Colt M4 carbine semiautomatic rifle is capable of firing 223/5.56 mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The Colt M4 carbine is a 5.56×45mm NATO, gas-operated,[b] magazine-fed, carbine, assault rifle developed in the United States during the 1980s. It is a shortened version of the M16A2 assault rifle.

Purpose(s)/Authorized Use:

Initial cost: Approximately $4,500
Annual costs: Approximately $130(ammunition, repair parts, batteries, etc.) Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short- barreled rifles and police use of force.

EXHIBIT C
17 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Semiautomatic Rifles and Ammunition
Quantity (existing/sought): 8 (existing)
Capabilities: The Bushmaster XM15-E2S semiautomatic rifle is capable of firing .223/5.56 mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The Bushmaster XM15-E2S is a lightweight, magazine-fed, gas-operated semi-automatic rifle.

It is a semi-automatic version of the AR-15 rifle sold for the civilian and law enforcement markets.

Purpose(s)/Authorized Use:

Initial cost: Approximately $17,500
Annual costs: Approximately $910 (ammunition, repair parts, batteries, etc.) Legal: CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing short- barreled rifles and police use of force.

Procedural: Marina PD Policies - 300 (Use of Force), 312 (Firearms), 424 (Rapid Response and Deployment) Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

These rifle is a replacement standard issue service weapons for Marina PD officers and as a result exempted from the Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10).

They have been included in this document for transparency. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
18 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 2 (on order 4 - (1) for each police vehicle) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles.

Expected lifespan: 15 years
Manufacturer's description: Penn Arms 40MM Single Shot Launcher, collapsing stock. L140-3/4 – A 40mm single-shot break-open frame launcher with a rifled barrel, collapsible stock and combo rail. Features include: Double-action trigger, trigger lock push button and hammer lock safeties.

Purpose(s)/Authorized Use:

The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less- lethal use of force option.

Initial cost: 2500 ($5400 for ordered)
Annual costs: $200 (includes sponge projectiles for training) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: Marina PD Policies - 312 (Firearms), 308 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other: (4) additional single shot launchers will replace the current aged-out less lethal shotguns. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
19 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 2 (on order 4 - (1) for each police vehicle) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles.

Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40MM Multi Shot Launcher. PGL65-40 – A 40mm a multi launcher with a rifled barrel, collapsible stock and combo rail. Features include: Double-action trigger, trigger lock push button and hammer lock safeties.

Purpose(s)/Authorized Use:

The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less- lethal use of force option.

Initial cost: $2,000
Annual costs: $200 (includes sponge projectiles for training) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: Marina PD Policies - 312 (Firearms), 308 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other: (4) additional single shot launchers will replace the current aged-out less lethal shotguns (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
20 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 2
Capabilities: The BolaWrap® is a remote restraint device that discharges a Kevlar® cord to restrain noncompliant individuals from a range of 10-25 feet.

Expected lifespan: 15 years
Manufacturer's description: The BolaWrap® is a remote restraint device that discharges a Kevlar® cord to restrain noncompliant individuals from a range of 10-25 feet.

Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less- lethal use of force option.

Initial cost: $5,200
Annual costs: $160 ( projectiles for training)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: Marina PD Policies - 312 (Firearms), 308 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other:
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

EXHIBIT C
21 April 15, 2022 Item No. 11(a)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 19, 2022

CITY COUNCIL CONTINUE DISCUSSION FROM THE JANUARY 25, 2022

CITY COUNCIL MEETING REGARDING UNMET COMMUNITY

FACILITIES, INFRASTRUCTURE, PUBLIC SAFETY & STAFFING NEEDS

AND POSSIBLE FUNDING OPTIONS AND STRATEGIES TO ADDRESS
THESE NEEDS AND PROVIDE DIRECTION TO CITY STAFF.

REQUEST:

It is requested that the City Council consider:

1. Continuing the discussion from the January 25, 2022 City Council meeting regarding unmet community facilities, infrastructure, public safety & staffing needs and possible funding options and strategies to address these needs and provide direction to city staff.

BACKGROUND:

Included as exhibits are the staff report and presentation from the January 25, 2022 City Council meeting.

ANALYSIS:

The unmet needs discussed in January have not changed. However, since then inflation and the cost of living has increased dramatically. Staff needs to have a discussion and get direction from the City Council regarding the feasibility of a ballot measure to consider a Utility User Tax or General Obligation Bond given the recent changes in the economy.

The City is moving forward with a plan that will address the failing city street infrastructure. Under this plan the City will issue a revenue bond that will pledge Measure X monies and also approximately $3.5 million of American Rescue Plan Act (ARPA) funds that will provide upfront funding for $12 to $13 million dollars in street repairs over the next two years. We expect to be bringing this revenue bond package to the City Council in June.

Respectfully submitted,

___________________________
Layne Long
City Manager
City of Marina

January 21, 2022 Item No. 4b

Honorable Mayor and Members Special City Council Meeting of of the Marina City Council January 25, 2022

CITY COUNCIL DISCUSSION REGARDING UNMET COMMUNITY

FACILITIES, INFRASTRUCTURE, PUBLIC SAFETY & STAFFING

NEEDS AND POSSIBLE FUNDING OPTIONS AND STRATEGIES TO

ADDRESS THESE NEEDS AND PROVIDE DIRECTION TO CITY
STAFF

REQUEST:

It is requested the City Council consider:

1. Have a discussion regarding unmet community facilities, in frastructure, public safety & staffing needs and poss ible funding options and strategies to address these needs and provide direction to city staff.

DISCUSSION:

In October 2021, the final budget for fiscal years 2021/22 and 2022/23 was adopted. As part of the budget process, many public meeting s and hearings were held including a community survey. In these meetings many unmet community needs were discussed. In ado pting the budget which includes a capital improvement program, the City Council ranked/prioritized and funded some of the most important /urgent identified needs of the commun ity which were able to be funded through our ex isting revenue sources. Attached is thi s priority list. However, there are other community facilities, road and park in frastructure, public safety and new staffing needs that we re identified and discussed, but were not able to be funded due to lack of revenue. The City Council gave direc tion to staff to schedule a special study meeting to discuss these un met needs and explore possible funding options to address these needs which may include a future ballot measure for the public to vote.

Facility Needs

City Hall, Community Center, Council Chambers, Community Development Annex The current city hall and city council chambers are actually double -wide trailers hooked together that were installed at the ci vic center site back when the city was incorporated in 1975. The original plan was to start building a city hall within the next year. When t he City’s General Plan was adopted back in the year 2000, again the building of a civic center was in cluded as a top priority and several sites were identified including Locke Paddon Park.

These buildings are now over 45 years old and need significant maintenance, ADA updates, and repairs over the next five years just to be able to continue to be used. As the city has developed and city staff has g rown over the years, the building space is not sufficient to accommodate existing and future needed staff positions. Additionally, with the new work environment changes that will be required to ac commodate current and future COVID conditions, the existing space needs to be reconfigured to address safety needs for employees and the public.

The estimated cost just to address the minimum maintenance, ADA, repair and renovations needed to continue to work in these facilities is estimated at $7 million. This will leave a building that is still 45 years old that will not meet current and future space and staffing needs.

A site has been identified in the City’s General Plan at Locke Paddon Park next to the library that can easily accommodate the construction of a new city hall. The very rough estimated cost to do this would be approximately $20 million dollars. We are working with a consultant to re fine the costs better and will have updated costs at our Tuesday meeting.

Most cities across the count ry are never able to save up funds to build new facilities . If a city is trying to save up funds, usually the increase in construction costs and cost of living outpace your ability to save. Additionally, i f a city tr ies to save up for facilities it often creates inequity in the community. A generation or longer of residents will pay taxes into a savings or reserve fund for a facility or desired need, but they will n ot be able to experience the quality of l ife improvement or use of that facility . Most facilities are built by cities by issu ing some type of debt or bond issuance.

Police and Fire Facility
The existing police and fire station was built over twenty (20) years ago. It was designed and built to meet the needs of the community at that point in time, but as the city has grown over the past 20 years, the current building and location of the building will not meet the future public safety needs of the community.

In 2020 a fire study was completed that analyzed the city’s fire suppression, medical, and rescue operations; assessed the saf ety needs of the community; and identified hazards, risks, and challenges of the community. The study made recommendations to improve the delivery of fire and emergency services to the community.

The recommended time for a first fire response unit to arrive on the scene of a fire or medical emergency is 5 minutes 20 seconds. This includes dispatch and putting on turnouts time. Actual time driving from a fire station needs to be 4 minutes. The current performance of the Marina fire department is 8 minutes. To meet some of these needed standards a fire department needs to have sufficient staffing, and the departments fire resources ( fire engines) need to be loc ated close enough to the required service areas so that effective response times can occur within the identified time frames.

As cities incorporate and begin to grow, a fire station is typically located in the heart or center of the city so that adequate res ponse times can be met. However, as city ies develop and spread out, the fire station located in the center of the city, often is no longer able to provide adequate response times to the newly developed areas of the community. This is exactly what is happ ening to Marina, particularly in the Dunes, Sea Haven and Abrams Park areas. The Presidio of Monterey (POM) Fire Department w hich is currently located in Sea side on General Jim Moore Blvd is closest to these areas and typically is the first responder to a rrive on scene. This station will be closing in 18 months, and after that, the Dunes, Sea Haven and Abrams Park areas will not be able to have adequate fire and medical response times due to the location of fire stations in Marina.

The attached graphs sh ow Marina’s current areas of 4 minute response time and what th ese areas will be like when the POM station relocates.

Additionally, the current Marina fire station was built too small and a ladder truck, which is one of the priority need s of the city, cannot fit in this st ation. It is critical that a new headquarter fire station be built that can house a ladder truck and is located in the area around California Avenue and Imjin Parkway to provide needed fire and medical coverage to the southern areas of Marina including Sea Haven, Dunes, Abrams Park and future annexed areas of the city.

In the near term, the existing headquarters fire station on Palm Avenue needs to be relocated to the north end of the city in the Vince DiMaggio Park area.

The estimated cost of a new fire headquarters station is $ 10 – 15 million. In addition to a fire station, a $ 1.5 million fire ladder truck needs to be purchased.

Police Facility
A new police facility can be build built as part of the new city hall facility and that portion of the cost is estimated to be $ 12 million.

Other City Facilities
Other needed city facilities that have been identified are:

• Upgrades to community center, teen center, skate park - $ 1 million • Senior Center - $ 3-5 million. This could be included in a city hall building plan • Sports Center $ 3.5 – 4 million. Funded from FORA escrow bonds • Aquatic Center $ 8 – 10 million
• Arts Village $ 3 – 5 million
• Hockey Pavillion $ 3 million

Unmet Current Staffing Needs

While all city departments will need to add staffing a s continued growth of the community and service demands increase , as established by city policy, new staff must be funded by o ngoing revenue growth and not one-time revenues. This is why economic development and growth of our tax base is so critical to our city.

Currently, we have service level demands from the community that we are unable to meet due to lack of staffing and funding to support that staffing. These current needs include:
• Firefighters (3) to increase staffing from 2nd engine company fro m 2 firefighters to 3 per engine company - estimated annual cost $500,000
• Deputy Chief/Fire Marshall – estimated annual cost $125,000 • Affordable Housing/ Lease/ Grants Manager – estimated annual cost $150,000 • Human Resources/ Risk Managemen t/ Liab ility Manager/Director – estimated cost $200,000
• Public works maintenance workers (4) – estimated cost $100,000 each • Associate Engineer – estimated cost $155,000
• Code Enforcement Officer – estimated cost $100,000

Street Infrastructure
The city has implemented a pavement management street repair program with a goal of getting the condition of all city streets up to a rating of 70. Under this system a brand new street has a rating of 100 and a street undriv eable is rated 0. Currently, the city is al locating $1.6 million annually from the General Fund, $600,000 annual ly from measure X funds, and $ 400,000 annually from State road maintenance funds for a total of $2.6 million annually to repair streets. While we have made significant improvements to ou r streets with these additional funds to our street programs, with our current funding we are still unable to fix 26 identified streets in the city that over the next three years will need to be completely reconstructed.

To fund the repair of these street s the city will need to i ssue a bond and pledge the $600,000 annually from Measure X funds to make the annual debt service payments of this bond. This bond will be approximate $7 – 8 million do llars. This still w ill require that the city come up with approximately an additional $4-5 million to repair these streets.

Additional Fund or Revenue Options

The State of California by law gives cities four primary tax revenue sources in order to operate and meet the service demands and infrastructure needs of th eir community; sales tax, property tax, transient occupancy tax ( TOT, hotel tax ) and utility users tax (UUT). The City of Marina has established it’s sales tax rate at the maximum allowed by State law, it has established it ’s TOT tax at 14%, property tax is established at 1% of accessed value, and the city does not have a uti lity users tax.

Most cities in the State and every city i n Monterey County except one, has a uti lity user tax. The utility user tax is a primary tax source that other cities use to m eet service and infrastructure demands. The City of M arina previously had a utility user tax but the citizens voted this down years ago. The lack of this primary tax source (especially over time) certainly contributes to the unmet facility and infrastructure needs of the city.

The attached exhi bit is an estimate of additional revenue the city could generate with a UUT. It also shows the bonding capacity if the city we re to pl edge this revenue source to a bond. All tax increases must be approved by the voters. With a 6% UUT, the City of Marina would generate another $1.6 million annually in taxes.

Another revenue source would be issuing a General Obligation Bond. A general obligation bond is paid by increases to property taxes. School districts typically use this funding source to pay for new schools and maintenance and repair of schools. The library in Marina was buil t by a general obligation bond. The following shows the estimated property tax increase with different levels of a general obligation bond.

• $30 million GO bond - $5.25 per month ($63 annually) per $100,000 assessed property value
• $40 million GO bond - $7.00 per month ($8 4 annually) per $100,000 assessed property value
• $50 million GO bond - $8.75 per month ($105 annually) per $100,000 assessed property value.

If a home in Marina had an assess ed property value of $600,000 they would pay an additional $31.50, $42.00 or $52.50 per month depending upon the size of the bond.

The city could look at bringing an issue like this to the voters as early as June in a special election or in November at a regular election. While it’s difficult to tax about tax increases, especially as we are recovering from the COVID pandemic, if we are ever as a community going to address aging facility and infrastructure needs we must have this discussion.

Respectfully submitted,

____________________________
Layne P. Long
City Manager
City of Marina

City of Marina
Unfunded
Essential
Services –
Public
Discussion
JANUARY 25, 2022
1 Major
Unfunded
Needs
• Street Infrastructure
• Facilities
• Staffing
• Vehicles
2 Road
Repairs and
Maintenance
• Instituted a Pavement Management
Program in 2015-2016
• Goal: All City streets should achieve a PCI of
70 (good condition)
3 4
Road Repairs
and
Maintenance
• To achieve this goal:
• Requires $2.3 million annually in pavement
management repairs ($2.6 million funded in
budget)
• $11.6 million in one-time funds for street
reconstruction
• $8.2 million Measure X bond
• $3.4 million one-time General Fund (consider
ARPA funds)
5 City Facilities - Critical
6 7
8 City Facilities - Other
9 Unmet Current Staffing Needs
10 Future
Revenues -
Ongoing
• Hotel TOT - $2.3 million annually in 2-5 years
• Property Tax Revenue growth from Sea Haven -
$800k annually, once fully built out in 5-7 years
11 Future
Revenues –
One-time
• Dunes Phase 3 - $13.5 million, one-time in 2-3
years
• FORA Blight removal funds can be allocated for
Sports and Aquatic Center renovations - $3.4
million, one-time, in 2 years
• ARPA – can be used to replenish General Fund for
lost revenues - $5.1 million, one-time
12 Potential Future
Revenue Source
13 Potential General
Obligation Bond
14 • Monthly/Annual Amounts shown per $100,000 of assessed property value • A property valued at $600,000 would pay $31.50, $42, or $52.50 per month

Marina City CouncilApril 19, 2022

Marina City Council
April 19, 2022