AGENDA
Tuesday, August 15, 2023 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
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.
The most effective method of communicat ion with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments recei ved will become part of the record.
Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting.
VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationshi ps w ith 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)
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 2
MISSION STATEMENT
The City Council will provide the l eadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that wil l result in a community characterized by a desirable quality of life, including recreation and c ultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upo n the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMEN T OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro -Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENTS ON CLOSED SESSION:
4. CLOSED SESSION:
a. Conference wit h Legal Counsel – Existing Litigation (§ 54956.9): Frank Lambert vs. City of Marina , Monterey County Superior Court Case No. 22CV000665
b. Property: Los Animas Concrete, 499 9th Street, Marina, CA Negotiating Party: Paul J. Bruno
Negotiator(s): City Manager
Terms: Price and Terms
c. Property: Tarmac Area, 3200 Imjin Road, Marina, CA
Negotiating Party: Joby Aero Inc
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION A ND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Recreation Announcements
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 3
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City C ouncil’s jurisdict ion that is no t on the agenda. This is the appro priate place to comment on items on the Consent Age nda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever possible, wr itten correspondence should be submitted to the C ouncil i n advance of the meeting, to provide adequate ti me for its consideration.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda , and these items are considered to be routine and non -controversial. All items under the Consent Agenda are normally approved b y one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discuss ion or a lengthy explanation is required, the Council may remove an item from the Con sent Agenda for individual consideration. If an i tem is p ulled for discussion, it will be placed at the e nd of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial.
All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, a ny member of City Council may ask a question or make a comment about an agenda item and staff may provide a respons e. If discussion or a lengthy explanati on is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 102789- 102954, totaling $2,589,614.41. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) July 18, 2023, Regular City Council Meeting
(2) July 25, 2023, Special City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) Staff recommends that t he City Counci l reject the following claim and direct sending appro priate notice of r ejection to claimant: Michael Castillo, C/o Christopher Goodroe, Wilshire Law Firm for a claim received on August 2, 2023.
(2) Staff recommends that the City Counci l reject the following claim and direct sending app ropriate notice of r ejection to claimant : Juanita Lozano Castillo, C/o Christopher Goodroe, Wilshire Law Firm for a claim received on August 2, 2023.
(3) Staff recommends that the City Counci l reject the f ollowing claim and direct sending app ropriate notice of rejection to claimant: Israel A.
Castillo, C/o Christopher Goodroe, Wilshire Law Firm for a claim received on August 3, 2023.
d. AWARD OF BID: None
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 4
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolu tion No. 202 3-, authorizing staff to sub mit a non- competitive grant application to the Cali fornia Coastal Commission in the amount of $500,000 .00 to comprehensively update the City ’s 1982 Local Coastal Program (LCP).
(2) Adopting Resolution No. 2023-, authorizing change in signatories on the Preston Park Su stainable Community Non -Profit Corporation (PPSC- NPC) capital reserve account.
(3) Adopting Resolution No. 2023 - and resolution SA 2023 -, a uthorizing change in authorized signatories on City General Checkin g, City Payroll Checking and Su ccessor Agency Checking accounts with Chase JPMorgan.
(4) Adopting Res olution No. 2023 - and resolution SA 2023-, authorizing change in signatories to open investme nt accounts and conduct investment activities as outlined by the City’s Investment Policy. (5) Authorizing staff to prepare a letter of support for Senate Bill 244 (Eggman), Right to Repair Act.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Reso lution No. 20 23-, approving Amendment No. 3 to the agreement for Engineering and Building Co nsulting Services between the City of Marina and CSG Consultants, Inc. of Foster City, California, extending the current contract to June 30, 2025.
(2) Adopting Resolution No. 2023 -, approving a Lease Agreement between the City of Marina and Desert Star Systems, LLC for 3261 Imjin Road (Building 518) at the Marina Municipal Airport.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution No. 2023-, accepting the completion of the City of Marina Annual Street Resurfacing 2021 Phase 2 Project.
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Receiving Investments Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment Ag ency, and Preston Park S ustainable Co mmunity Non -profit Corpor ation (PPSC -NPC) for the quarter ended June 30, 2023.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
m. APPROVE APPOINTMENTS: None
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 5
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten ( 10) minu tes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
a. Open a public hearin g and consider introducing and reading by title only a nd waiving further reading Ordinance 2023-, adopting a Comprehensive Tobacco Retailer L icense; and consider introducing and reading the title only and waiving the further reading of Ordinance 2023 -, establishing a Smoke Free Public Place.
12. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The S uccessor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff. The City C ouncil may, at it s discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major p rojects or programs should be undertake n without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Reso lution No. 20 23-, approving a Lease Agreement between the City of Marina and New Cingular Wireless P CS, LLC for construction an d operation of a telecommunications facility on city owned property at the northwest corner of California and 3rd avenue.
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended (Gov’t Code Section 53232).
15. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City H all and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Lib rary Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, August 11, 2023.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Council, Airp ort C ommission and Redev elopment Agency meetings are rec orded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.
City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sund ay following the R egular City Co uncil meeting d ate. In ad dition, Council meetings c an be viewe d at 6:30 p.m. every Monday, T uesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 6
Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office 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 fi nal agenda and throug h noon on t he day of the scheduled meeting will be availab le for public review at the City Cler k’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARI NA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recor dings of meetings can be provided upon requ est. To request assistive listening devices, sign langu age int erpreters, rea ders, la rge print agendas or othe r 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 ng 20 2 3 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 m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C or po r a t i on , 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 un 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 nt A g e n c y a n d M a r i n a G r oun dw 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 si on; 6 : 30 p .m . R e g u l a r O p e n Se s s i o n s
*Wednesday, September 6, 2023
Tuesday, September 19, 2023
Tuesday, October 3, 2023
Tuesday, October 17, 2023
Tuesday, November 7, 2023
Tuesday, November 21, 2023
Tuesday, December 5, 2023
Tuesday, December 19, 2023
* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out
CI TY H A L L 2 0 2 3 H O L I D A Y S
(City Hall Closed)
Labor Day ------------------------------------------------------------ Monday, September 4, 2023 Veterans Day (City Offices Closed) ------------------------------- Friday, November 10, 2023 Thanksgiving Day ------------------------------------------------- Thursday, November 23, 2023 Thanksgiving Break -------------------------------------------------- Friday, November 24, 2023 Winter Break ---------------------- Monday, December 25, 2023-Friday, December 29, 2023 __ _____ __ ______ _ ____ __
2023 COMMISSION DATES
U p c o m i n g 20 2 3 Me e t i n g s o f 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
August 17, 2023 September 21, 2023 November 16, 2023
October 19, 2023 December 21, 2023
Agenda for City Council Meeting of Tuesday, August 15, 2023 Page 7
Up c om i n g 202 3 Me e t i n g s o f P l a nni n g C o m m i s s i on 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
August 24, 2023 October 12, 2023 November 9, 2023
September 14, 2023
September 28, 2023 October 26, 2023 November 23, 2023
(Cancelled)
December 14, 2023
U pc o m i n g 2 02 3 Meet i n g s o f P u bl 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.
August 17, 2023 September 21, 2023 November 16, 2023
October 19, 2023 December 21, 2023
Up c o m i ng 20 2 3 Mee t i n g s o f R ec r e a t i o n & Cu l tu r al Se r v i c es C om mi ss i on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.
September 1, 2023 December 1, 2023
U pc o mi ng 202 3 M e e t i n g s of M a r i n a T ree 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, 2023 October 12, 2023
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 110 - City Council
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 598.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $598.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $598.00 Division 000 - Non-Div Totals Invoice Transactions 1 $598.00 Department 110 - City Council Totals Invoice Transactions 1 $598.00 Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 2,395.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $2,395.00 Account 6300.570 - Prof Svc Other
11811 - Chaplin and Hill Investigative
Services LLC
C&HIS 23-08_1 Chaplin and Hill
Investigative Services
LLC
Paid by Check
# 102798
07/03/2023 07/11/2023 06/30/2023 07/21/2023 3,839.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $3,839.00 Account 6400.565 - Material & Suppl Office Supplies
11874 - Just Ergonomics Inc 33045 Office Supplies Paid by Check # 102805
06/29/2023 07/11/2023 06/30/2023 07/21/2023 983.64
10732 - Office Depot-General Account 317991817001 Office Depot Paid by Check # 102819
06/16/2023 07/11/2023 06/30/2023 07/21/2023 75.37
10732 - Office Depot-General Account 317991816001 Office Depot Paid by Check # 102819
06/16/2023 07/11/2023 06/30/2023 07/21/2023 97.22
10732 - Office Depot-General Account 317991810001 Office Depot Paid by Check # 102819
06/16/2023 07/11/2023 06/30/2023 07/21/2023 177.05
10732 - Office Depot-General Account 321673369-1 Office Depot Paid by Check # 102819
07/20/2023 07/20/2023 07/20/2023 07/21/2023 61.93
10897 - TechRx Technology Services 11015 Office Supplies Paid by EFT # 3514
07/01/2023 07/11/2023 07/11/2023 07/21/2023 825.50
10897 - TechRx Technology Services 11005 Office Supplies Paid by EFT # 3514
06/01/2023 07/11/2023 06/30/2023 07/21/2023 1,098.63
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 7 $3,319.34 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $9,553.34 Division 000 - Non-Div Totals Invoice Transactions 9 $9,553.34 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 9 $9,553.34 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 1 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
Agenda Item: 10a
1 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 2,994.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $2,994.00 Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 23-14 Service 6/30-7/31/2023 Paid by EFT # 3513
07/14/2023 07/13/2023 07/13/2023 07/21/2023 3,705.00
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $3,705.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $6,699.00 Division 000 - Non-Div Totals Invoice Transactions 2 $6,699.00 Department 130 - Finance Totals Invoice Transactions 2 $6,699.00 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 10257 - Goldfarb & Lipman 465449 The Dunes - June 2023 Paid by Check # 102827
07/12/2023 07/13/2023 06/30/2023 07/21/2023 352.00
10257 - Goldfarb & Lipman 465447 General File - June
2023
Paid by Check
# 102827
07/12/2023 07/13/2023 06/30/2023 07/21/2023 1,600.00
10257 - Goldfarb & Lipman 465448 Marina Heights - June 2023
Paid by Check
# 102827
07/12/2023 07/13/2023 06/30/2023 07/21/2023 96.00
10315 - Keyser Marston Associates 0037956 Abrams Affordable Rent Limits - June 2023
Paid by Check
# 102806
07/18/2023 07/20/2023 06/30/2023 07/21/2023 860.00
10315 - Keyser Marston Associates 0037955 Sea Haven Workforce Pricing - June 2023
Paid by Check
# 102806
07/18/2023 07/20/2023 06/30/2023 07/21/2023 1,915.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 5 $4,823.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $4,823.00 Division 000 - Non-Div Totals Invoice Transactions 5 $4,823.00 Department 150 - City Attorney Totals Invoice Transactions 5 $4,823.00 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6160.100 - Other Progr EAP Progr
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 9,030.60
Account 6160.100 - Other Progr EAP Progr Totals Invoice Transactions 1 $9,030.60 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 2 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
2 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6170.400 - Other Benefits State Unempl Insur
10222 - Employment Development
Department
L1469169744 Employment
Development
Department
Paid by Check
# 102801
06/23/2023 07/11/2023 06/30/2023 07/21/2023 5,466.76
Account 6170.400 - Other Benefits State Unempl Insur Totals Invoice Transactions 1 $5,466.76 Account 6300.230 - Prof Svc Fin - Tax Reporting & Audit 10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN026910 Transaction Tax
(January-March 2023)
Paid by EFT #
3511
03/31/2023 04/30/2023 06/30/2023 07/21/2023 300.00
Account 6300.230 - Prof Svc Fin - Tax Reporting & Audit Totals Invoice Transactions 1 $300.00 Account 6300.570 - Prof Svc Other
11769 - STEARNS, CONRAD & SCHMIDT
CONSULTING ENGINEERS INC
0472264 Odor Attribution Study Paid by Check
# 102823
06/30/2023 07/18/2023 06/30/2023 07/21/2023 2,090.00
10588 - United Site Services INV-01854708 Beach Rd & De Forest Rd
Paid by Check
# 102824
07/13/2023 07/13/2023 07/13/2023 07/21/2023 260.35
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $2,350.35 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20233985 CALNET3-9391023436
(239-461-6578)
Paid by Check
# 102794
07/13/2023 07/20/2023 07/20/2023 07/21/2023 63.82
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 1 $63.82 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 23 562-0 PG&E - 4758891562-0 Paid by Check # 102820
07/12/2023 07/20/2023 07/20/2023 07/21/2023 1,058.15
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $1,058.15 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 06-30-23 Acct# 000056041 - 3260 Imjin Road
Paid by Check
# 102810
06/30/2023 07/17/2023 06/30/2023 07/21/2023 292.43
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $292.43 Account 6600.340 - Other Charges Insur - Liability
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 329,932.50
Account 6600.340 - Other Charges Insur - Liability Totals Invoice Transactions 1 $329,932.50 Account 6600.350 - Other Charges Insur - Property
10027 - Alliant Insurance Services - CSRMA 2342551 Physical Damage Program (23/24
Premium)
Paid by EFT #
3508
06/27/2023 07/11/2023 07/11/2023 07/21/2023 35,570.00
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 386,264.72
Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 3 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
3 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.350 - Other Charges Insur - Property
10027 - Alliant Insurance Services - CSRMA 2351845 Alliant - Crime Insurance (23/24)
Paid by EFT #
3508
07/11/2023 07/11/2023 07/11/2023 07/21/2023 9,750.00
Account 6600.350 - Other Charges Insur - Property Totals Invoice Transactions 3 $431,584.72 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $780,079.33 Division 000 - Non-Div Totals Invoice Transactions 12 $780,079.33 Department 190 - Citywide Non-Dept Totals Invoice Transactions 12 $780,079.33 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 39,521.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $39,521.00 Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 19923 Water Cooler Service
Police & Fire 07/01/23
Paid by Check
# 102821
07/01/2023 07/14/2023 07/14/2023 07/21/2023 88.55
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $88.55 Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 114,288.73
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $114,288.73 Account 6370.530 - Shared Svc NGEN Infrastructure
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 36,764.73
Account 6370.530 - Shared Svc NGEN Infrastructure Totals Invoice Transactions 1 $36,764.73 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 7,947.69
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $7,947.69 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 4 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
4 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.455 - Other Charges Leased Parking
10253 - George T. Powell 07012023 Parking Rental Fees Paid by Check # 102803
07/01/2023 07/13/2023 07/13/2023 07/21/2023 997.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $997.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $199,607.70 Division 000 - Non-Div Totals Invoice Transactions 6 $199,607.70 Department 210 - Police Totals Invoice Transactions 6 $199,607.70 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 26,946.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $26,946.00 Account 6300.570 - Prof Svc Other
10171 - CSG Consultants 52029 Plan Review James
Diaz, Inspections, Eric
Rodewald
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 2,612.50
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $2,612.50 Account 6360.070 - Maint & Repairs Bdg Public Safety
10250 - Gavilan Pest Control 0154796 Pest Control at Station 2 Paid by Check
# 102802
07/12/2023 07/17/2023 07/17/2023 07/21/2023 90.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $90.00 Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 19923 Water Cooler Service
Police & Fire 07/01/23
Paid by Check
# 102821
07/01/2023 07/14/2023 07/14/2023 07/21/2023 113.53
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $113.53 Account 6360.680 - Maint & Repairs Radio Equip
10221 - Emergency Vehicle Specialists 15018 Installed LED Square Face Plate on Unit
5400
Paid by EFT #
3510
07/14/2023 07/17/2023 07/17/2023 07/21/2023 170.76
Account 6360.680 - Maint & Repairs Radio Equip Totals Invoice Transactions 1 $170.76 Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 12,698.75
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $12,698.75 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 5 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
5 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6370.530 - Shared Svc NGEN Infrastructure
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 4,084.97
Account 6370.530 - Shared Svc NGEN Infrastructure Totals Invoice Transactions 1 $4,084.97 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 2,960.90
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $2,960.90 Account 6400.100 - Material & Suppl CSA 74 Funded
10077 - Bound Tree Medical 84851812 Medical Supplies Paid by Check # 102796
02/07/2023 07/17/2023 06/30/2023 07/21/2023 6,282.40
10077 - Bound Tree Medical 84853532 Digital BP Moniter, Cuff, Gloves & other
Supplies
Paid by Check
# 102796
02/08/2023 07/17/2023 06/30/2023 07/21/2023 1,077.20
10077 - Bound Tree Medical 84917507 Triage Tarps in various colors & Triage Kit
Paid by Check
# 102796
04/07/2023 07/17/2023 06/30/2023 07/21/2023 1,336.17
10077 - Bound Tree Medical 84945249 Triage Kit Paid by Check # 102796
05/03/2023 07/17/2023 06/30/2023 07/21/2023 536.40
10077 - Bound Tree Medical 84960360 Triage Kits Paid by Check # 102796
05/17/2023 07/17/2023 06/30/2023 07/21/2023 1,072.81
10077 - Bound Tree Medical 70339021 CREDIT - Curaplex Hot Pack Large
Paid by Check
# 102796
06/26/2023 07/17/2023 06/30/2023 07/21/2023 (48.62)
Account 6400.100 - Material & Suppl CSA 74 Funded Totals Invoice Transactions 6 $10,256.36 Account 6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept. 085875 Fasteners, Epoxy Syringe & other
supplies
Paid by Check
# 102790
07/16/2023 07/17/2023 07/17/2023 07/21/2023 43.63
11393 - Carmel Roasters, Inc. 67177 FD Coffee - 3 boxes Paid by Check # 102797
07/12/2023 07/13/2023 07/13/2023 07/21/2023 262.20
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 2 $305.83 Account 6600.455 - Other Charges Leased Parking
10253 - George T. Powell 07012023 Parking Rental Fees Paid by Check # 102803
07/01/2023 07/13/2023 07/13/2023 07/21/2023 303.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $303.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 17 $60,542.60 Division 000 - Non-Div Totals Invoice Transactions 17 $60,542.60 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 6 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
6 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire Totals Invoice Transactions 17 $60,542.60 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 13,174.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $13,174.00 Account 6360.040 - Maint & Repairs Backflow Preventers
10183 - Marina Backflow Co. 2726 Second & 6th Ave Paid by Check # 102809
06/14/2023 07/19/2023 06/30/2023 07/21/2023 65.00
Account 6360.040 - Maint & Repairs Backflow Preventers Totals Invoice Transactions 1 $65.00 Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 085853 Stables Paid by Check # 102791
07/13/2023 07/14/2023 07/14/2023 07/21/2023 128.47
10728 - Ace Hardware-Public Works 085854 Stables Paid by Check # 102791
07/13/2023 07/14/2023 07/14/2023 07/21/2023 7.64
10728 - Ace Hardware-Public Works 085860 Stables Paid by Check # 102791
07/14/2023 07/17/2023 07/17/2023 07/21/2023 30.57
10599 - Valley Saw & Garden Equipment 343180 Shop Equipment Paid by Check # 102825
07/13/2023 07/14/2023 07/14/2023 07/21/2023 622.97
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 4 $789.65 Account 6360.440 - Maint & Repairs Landscape General
10728 - Ace Hardware-Public Works 085839 Stakes/Screws Paid by Check # 102791
07/13/2023 07/13/2023 07/13/2023 07/21/2023 72.04
10728 - Ace Hardware-Public Works 085832 VD Park Paid by Check # 102791
07/12/2023 07/13/2023 07/13/2023 07/21/2023 21.83
10236 - La Sirenita Tree Service 07-13-23 Locke Paddon Park Paid by Check # 102808
07/13/2023 07/14/2023 07/14/2023 07/21/2023 4,950.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 3 $5,043.87 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
07-10-23 Monterey County
Emergency
Communication Quarter
1 Invoice 23/24
Paid by Check
# 102813
07/10/2023 07/19/2023 07/19/2023 07/21/2023 3,258.41
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $3,258.41 Account 6400.155 - Material & Suppl Dump Fees
10043 - Aramark Uniform Service 5110261317 PW Uniforms Paid by Check # 102792
07/12/2023 07/13/2023 07/13/2023 07/21/2023 138.07
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 1 $138.07 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $22,469.00 Division 311 - Buildings & Grounds Totals Invoice Transactions 11 $22,469.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 7 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
7 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 2,395.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $2,395.00 Account 6360.690 - Maint & Repairs Supplies
10169 - CSC of Salinas 000949512 Pump Track Paid by Check # 102800
07/11/2023 07/13/2023 07/13/2023 07/21/2023 37.91
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-994737 PW Unit Paid by Check
# 102816
07/13/2023 07/14/2023 07/14/2023 07/21/2023 17.33
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 2 $55.24 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $2,450.24 Division 313 - Vehicle Maint Totals Invoice Transactions 3 $2,450.24 Department 310 - Public Works Totals Invoice Transactions 14 $24,919.24 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 2,395.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $2,395.00 Account 6330.100 - Fee Agr Costs - Planning
10171 - CSG Consultants 52136 Marina Station Paid by EFT # 3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 10,674.00
10508 - Regional Government Services 15173 Contract Services for Marina Dunes Misc -
May 2023
Paid by EFT #
3512
05/31/2023 07/13/2023 06/30/2023 07/21/2023 16,174.08
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 2 $26,848.08 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $29,243.08 Division 000 - Non-Div Totals Invoice Transactions 3 $29,243.08 Department 410 - Planning Totals Invoice Transactions 3 $29,243.08 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 1,198.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $1,198.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 8 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check 10171 - CSG Consultants 52135 Sea Haven Phase 3A
Inspection
Paid by EFT #
3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 2,904.00
10171 - CSG Consultants 52140 Sea Haven Inspection
Phase 3B
Paid by EFT #
3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 5,386.00
10171 - CSG Consultants 52151 Sea Haven Inspections
Phase 4
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 6,600.00
Account 6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check Totals Invoice Transactions 3 $14,890.00 Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52128 Permits/Development Paid by EFT # 3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 17,050.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $17,050.00 Account 6300.185 - Prof Svc Engineering Svs-Staff Augment 10171 - CSG Consultants 52129 Staff Augmentation Paid by EFT # 3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 3,202.50
Account 6300.185 - Prof Svc Engineering Svs-Staff Augment Totals Invoice Transactions 1 $3,202.50 Account 6300.190 - Prof Svc Engineering Svc Interagency 10171 - CSG Consultants 52130 RWQCB Paid by EFT #
3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 169.00
10171 - CSG Consultants 52131 MCWD Paid by EFT #
3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 1,521.00
10171 - CSG Consultants 53132 TAMC Paid by EFT #
3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 360.00
Account 6300.190 - Prof Svc Engineering Svc Interagency Totals Invoice Transactions 3 $2,050.00 Account 6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants 52137 Dunes Phase 2 East Paid by EFT # 3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 528.00
10171 - CSG Consultants 52138 Dunes Phase 2 West Paid by EFT # 3509
07/11/2023 07/14/2023 06/30/2023 07/21/2023 6,413.50
10171 - CSG Consultants 52139 Dunes Op Site 1A Paid by EFT # 3509
07/11/2023 07/14/2023 07/14/2023 07/21/2023 1,183.00
10171 - CSG Consultants 52142 Seacrest Apartments
3108 Seacrest Ave
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 264.00
10171 - CSG Consultants 52143 Dunes Phase 1B
Promenade
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 3,295.50
10171 - CSG Consultants 52144 Via Del Mar Subdivision
(3220 Abdy Way)
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 3,168.00
10171 - CSG Consultants 52145 Sea Haven Phase 4
Rough Grading
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 1,146.00
10171 - CSG Consultants 52146 Home2Suites by Hilton Paid by EFT # 3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 924.00
Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 9 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
9 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants 52147 Dunes Promenade (1B)
Inspections
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 2,640.00
10171 - CSG Consultants 52148 Dunes Phase 2 West
Inspections
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 792.00
10171 - CSG Consultants 52149 Dunes Phase 2 East
Inspections
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 2,149.00
10171 - CSG Consultants 52150 200 Reservation Rd
(Starbucks)
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 4,884.00
Account 6330.200 - Fee Agr Costs - Engineering Totals Invoice Transactions 12 $27,387.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 21 $65,777.50 Division 000 - Non-Div Totals Invoice Transactions 21 $65,777.50 Department 420 - Engineering Totals Invoice Transactions 21 $65,777.50 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 2,395.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $2,395.00 Account 6300.070 - Prof Svc Building Plan Check & Inspection 10171 - CSG Consultants 52141 Sea Haven Phase 4
Map/Plan Review
Paid by EFT #
3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 433.50
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 1 $433.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $2,828.50 Division 000 - Non-Div Totals Invoice Transactions 2 $2,828.50 Department 430 - Building Inspection Totals Invoice Transactions 2 $2,828.50 Department 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 599.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $599.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $599.00 Division 000 - Non-Div Totals Invoice Transactions 1 $599.00 Department 440 - Economic Dev Totals Invoice Transactions 1 $599.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 10 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 4,192.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $4,192.00 Account 6400.565 - Material & Suppl Office Supplies
11790 - Quality Print & Copy 23545 business cards - A
Willer
Paid by Check
# 102822
07/07/2023 07/17/2023 07/17/2023 07/21/2023 117.79
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $117.79 Account 6400.650 - Material & Suppl Recr Donation - Gen Recr Prog 10008 - Monterey County Department of
Health - EHB
1185893 Health Permit Fees Paid by Check
# 102814
06/26/2023 07/17/2023 07/17/2023 07/21/2023 1,191.00
10008 - Monterey County Department of
Health - EHB
1186732 Health Permit Fees Paid by Check
# 102814
06/26/2023 07/17/2023 07/17/2023 07/21/2023 1,191.00
Account 6400.650 - Material & Suppl Recr Donation - Gen Recr Prog Totals Invoice Transactions 2 $2,382.00 Account 6600.490 - Other Charges Membership Prof Orgs
10441 - National Recreation & Park
Association
08-31-23 Member ID 195552 Paid by Check
# 102818
07/17/2023 07/17/2023 07/17/2023 07/21/2023 700.00
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 1 $700.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $7,391.79 Division 100 - Admin Totals Invoice Transactions 5 $7,391.79 Division 513 - Senior
Sub-Division 00 - Non-Subdiv
Account 6400.653 - Material & Suppl Recr Senior Prog
10352 - Marina Grocery Outlet 06-05-23 sc purchases for senior center
Paid by Check
# 102811
06/05/2023 07/17/2023 06/30/2023 07/21/2023 54.14
10352 - Marina Grocery Outlet 05-17-23 sc purchases for senior center
Paid by Check
# 102811
05/17/2023 07/17/2023 06/30/2023 07/21/2023 91.93
Account 6400.653 - Material & Suppl Recr Senior Prog Totals Invoice Transactions 2 $146.07 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $146.07 Division 513 - Senior Totals Invoice Transactions 2 $146.07 Division 514 - Sports
Sub-Division 00 - Non-Subdiv
Account 6400.656 - Material & Suppl Recr Sports Prog
10352 - Marina Grocery Outlet 05-22-23 sp purchases for sports Paid by Check # 102811
05/22/2023 07/17/2023 06/30/2023 07/21/2023 26.32
Account 6400.656 - Material & Suppl Recr Sports Prog Totals Invoice Transactions 1 $26.32 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $26.32 Division 514 - Sports Totals Invoice Transactions 1 $26.32 Department 510 - Recreation & Culture Totals Invoice Transactions 8 $7,564.18 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 11 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
11 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund Totals Invoice Transactions 101 $1,192,834.47 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 12 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
12 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 210 - Public Educ Govt PEG
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6370.610 - Shared Svc PEG Svc
10012 - Access Monterey Peninsula - AMP Q3 and Q4 PEG Q3 and Q4 PEG Paid by Check # 102789
06/30/2023 07/12/2023 06/30/2023 07/21/2023 55,045.86
Account 6370.610 - Shared Svc PEG Svc Totals Invoice Transactions 1 $55,045.86 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $55,045.86 Division 000 - Non-Div Totals Invoice Transactions 1 $55,045.86 Department 000 - Non-Dept Totals Invoice Transactions 1 $55,045.86 Fund 210 - Public Educ Govt PEG Totals Invoice Transactions 1 $55,045.86 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 13 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
13 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 23 148-6 PG&E - 5593414148-6 Paid by Check # 102820
07/11/2023 07/18/2023 07/18/2023 07/21/2023 206.86
10463 - Pacific Gas & Electric July 23 943-2 PG&E - 6150212943-2 Paid by Check # 102820
07/11/2023 07/18/2023 07/18/2023 07/21/2023 84.15
10463 - Pacific Gas & Electric July 23 582-7 PG&E - 8161432582-7 Paid by Check # 102820
07/11/2023 07/18/2023 07/18/2023 07/21/2023 146.39
10463 - Pacific Gas & Electric July 23 353-7 PG&E - 9930567353-7 Paid by Check # 102820
07/11/2023 07/18/2023 07/18/2023 07/21/2023 64.75
10463 - Pacific Gas & Electric July 23 720-0 PG&E - 0167505720-0 Paid by Check # 102820
07/12/2023 07/20/2023 07/20/2023 07/21/2023 814.01
10463 - Pacific Gas & Electric July 23 085-2 PG&E - 5434906085-2 Paid by Check # 102820
07/12/2023 07/20/2023 07/20/2023 07/21/2023 102.68
10463 - Pacific Gas & Electric July 23 202-3 PG&E - 6594070202-3 Paid by Check # 102820
07/12/2023 07/20/2023 07/20/2023 07/21/2023 112.49
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 7 $1,531.33 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000054049
063023
Imjin Rd
(Irrigation/Backflow
Accts)
Paid by Check
# 102810
06/30/2023 07/13/2023 06/30/2023 07/21/2023 207.14
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $207.14 Account 6400.155 - Material & Suppl Dump Fees
10043 - Aramark Uniform Service 5110261318 PW Shop Supplies Paid by Check # 102792
07/12/2013 07/13/2023 07/13/2023 07/21/2023 77.11
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 1 $77.11 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $1,815.58 Division 000 - Non-Div Totals Invoice Transactions 9 $1,815.58 Department 000 - Non-Dept Totals Invoice Transactions 9 $1,815.58 Fund 220 - Gas Tax Totals Invoice Transactions 9 $1,815.58 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 14 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
14 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 232 - Seabreeze AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52118 Seabreeze Paid by EFT #
3509
07/11/2023 07/13/2023 06/30/2023 07/21/2023 169.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $169.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $169.00 Division 000 - Non-Div Totals Invoice Transactions 1 $169.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $169.00 Fund 232 - Seabreeze AD Totals Invoice Transactions 1 $169.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 15 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
15 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 233 - Monterey Bay Estates AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52120 Monterey Bay Estates Paid by EFT # 3509
07/11/2023 07/13/2023 06/30/2023 07/21/2023 169.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $169.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $169.00 Division 000 - Non-Div Totals Invoice Transactions 1 $169.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $169.00 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 1 $169.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 16 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
16 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52121 Cypress Coves II Paid by EFT # 3509
07/11/2023 07/13/2023 06/30/2023 07/21/2023 338.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $338.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $338.00 Division 000 - Non-Div Totals Invoice Transactions 1 $338.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $338.00 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $338.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 17 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
17 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 252 - CFD - Dunes No. 2015-1
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52119 Locke Paddon CFD Paid by EFT # 3509
07/11/2023 07/13/2023 06/30/2023 07/21/2023 338.00
10171 - CSG Consultants 52122 Phase 1C CFD Paid by EFT # 3509
07/11/2023 07/13/2023 07/13/2023 07/21/2023 338.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 2 $676.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $676.00 Division 000 - Non-Div Totals Invoice Transactions 2 $676.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $676.00 Fund 252 - CFD - Dunes No. 2015-1 Totals Invoice Transactions 2 $676.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 18 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
18 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10171 - CSG Consultants 52123 Annual Street
Resurfacing
Paid by EFT #
3509
07/11/2023 07/13/2023 06/30/2023 07/21/2023 3,850.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $3,850.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,850.00 Division 000 - Non-Div Totals Invoice Transactions 1 $3,850.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $3,850.00 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 1 $3,850.00 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 19 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
19 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10171 - CSG Consultants 52125 Imjin Widening Paid by EFT # 3509
07/11/2023 07/17/2023 06/30/2023 07/21/2023 13,292.00
10268 - Harris & Associates 57665-2 Imjin Parkway
Improvement Plan
Paid by Check
# 102804
05/24/2023 07/11/2023 06/30/2023 07/21/2023 18,559.60
10268 - Harris & Associates 57837-3 Imjin Parkway
Improvement Plan
Paid by Check
# 102804
06/02/2023 07/11/2023 06/30/2023 07/21/2023 30,614.17
10316 - Kimley-Horn & Associates 097789008-
0523
Imjin Parkway PS&E Paid by Check
# 102807
05/31/2023 07/11/2023 06/30/2023 07/21/2023 15,831.00
10425 - Monterey Peninsula Engineering 23-06-14 FY 22/23 California Ave Pedestrian Crossing
Paid by Check
# 102815
06/29/2023 07/13/2023 06/30/2023 07/21/2023 24,709.50
10425 - Monterey Peninsula Engineering 23-06-18 Dr Martin Luther King Jr Sculpture Garden
Paid by Check
# 102815
07/11/2023 07/17/2023 07/17/2023 07/21/2023 191,381.30
11802 - Baker Tilly US, LLP BT2481183 Analysis of Equestrian Boarding 2023
Paid by Check
# 102795
07/12/2023 07/13/2023 07/13/2023 07/21/2023 247.50
11884 - National Construction Rentals, Inc. 1630337 2nd Ave & 8th Street Paid by Check # 102817
06/20/2023 07/13/2023 06/30/2023 07/21/2023 1,995.12
11266 - Verde Design, Inc. 21-2012501 FY 22/23 Glorya Jean Tate Park
Paid by Check
# 102826
12/05/2022 07/13/2023 06/30/2023 07/21/2023 6,072.42
11266 - Verde Design, Inc. 22-2012501 FY 22/23 Glorya Jean Tate Park
Paid by Check
# 102826
02/06/2023 07/13/2023 06/30/2023 07/21/2023 2,286.25
11266 - Verde Design, Inc. 23-2012501 FY 22/23 Glorya Jean Tate Park
Paid by Check
# 102826
03/03/2023 07/13/2023 06/30/2023 07/21/2023 1,117.50
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 11 $306,106.36 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $306,106.36 Division 000 - Non-Div Totals Invoice Transactions 11 $306,106.36 Department 000 - Non-Dept Totals Invoice Transactions 11 $306,106.36 Fund 462 - City Capital Projects Totals Invoice Transactions 11 $306,106.36 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 20 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
20 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6120.100 - Workers Comp Ins WC Ins
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 1,198.00
Account 6120.100 - Workers Comp Ins WC Ins Totals Invoice Transactions 1 $1,198.00 Account 6300.570 - Prof Svc Other
10008 - Monterey County Department of
Health - EHB
FA0820583 FY 22-23 AST
Petroleum; surcharge;
surcharge oversight
Paid by Check
# 102814
07/14/2023 07/14/2023 06/30/2023 07/21/2023 1,501.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $1,501.00 Account 6360.450 - Maint & Repairs Maint & Repairs
10728 - Ace Hardware-Public Works 85807 Airport Supplies Paid by Check # 102791
07/10/2023 07/13/2023 07/13/2023 07/21/2023 34.94
Account 6360.450 - Maint & Repairs Maint & Repairs Totals Invoice Transactions 1 $34.94 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District June 56 043 FY 22/23 761 Neeson Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 210.79
10349 - Marina Coast Water District June 56 044 FY 22/23 781 Neeson Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 176.98
10349 - Marina Coast Water District June 56 051 FY 22/23 721 Neeson Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 205.44
10349 - Marina Coast Water District June 56 092 FY 22/23 741 Neeson Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 1,391.74
10349 - Marina Coast Water District June 56 096 FY 22/23 3271 Imjin Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 131.90
10349 - Marina Coast Water District June 56 097 FY 22/23 3200 Imjin Rd
Paid by Check
# 102810
07/17/2023 07/17/2023 06/30/2023 07/21/2023 533.03
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 6 $2,649.88 Account 6600.350 - Other Charges Insur - Property
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
230701-07 EAP/Worker's
Comp/Prop/Liab.
Premium Allocation
Paid by Check
# 102812
07/01/2023 07/11/2023 07/11/2023 07/21/2023 108,122.15
Account 6600.350 - Other Charges Insur - Property Totals Invoice Transactions 1 $108,122.15 Account 6600.490 - Other Charges Membership Prof Orgs
10051 - Association of California Airports ACA0715 Membership Fee for FY 23-24
Paid by Check
# 102793
07/14/2023 07/14/2023 07/14/2023 07/21/2023 75.00
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 1 $75.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $113,580.97 Division 000 - Non-Div Totals Invoice Transactions 11 $113,580.97 Department 000 - Non-Dept Totals Invoice Transactions 11 $113,580.97 Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 21 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
21 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport Totals Invoice Transactions 11 $113,580.97 Grand Totals Invoice Transactions 139 $1,674,585.24
Run by Rogah Satof on 07/20/2023 02:56:01 PM Page 22 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 07/21/23 - 07/21/23
22 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11869 - Agile Occupational Medicine PC 463680 Agile Occupational Medicine - Pre Emp Px
Paid by EFT #
3537
07/20/2023 07/20/2023 07/20/2023 07/28/2023 202.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 1 $202.00 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 921069738001 Acc# 29838421 Paid by Check # 102855
07/06/2023 07/12/2023 07/12/2023 07/28/2023 1,249.98
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $1,249.98 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,451.98 Division 000 - Non-Div Totals Invoice Transactions 2 $1,451.98 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 2 $1,451.98 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 321070891001 Acc# 29838421 Paid by Check # 102855
07/05/2023 07/12/2023 07/12/2023 07/28/2023 384.98
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $384.98 Account 6600.625 - Other Charges Printing Svc
11790 - Quality Print & Copy 23568 BC Mary M. Paid by Check # 102859
07/20/2023 07/21/2023 07/21/2023 07/28/2023 103.79
Account 6600.625 - Other Charges Printing Svc Totals Invoice Transactions 1 $103.79 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $488.77 Division 000 - Non-Div Totals Invoice Transactions 2 $488.77 Department 130 - Finance Totals Invoice Transactions 2 $488.77 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.500 - Medical Vision
10607 - Vision Service Plan 08-01-.23 VSP Adjustment
(08/2023)
Paid by Check
# 102878
08/01/2023 08/01/2023 08/01/2023 07/28/2023 49.02
Account 6150.500 - Medical Vision Totals Invoice Transactions 1 $49.02 Account 6300.570 - Prof Svc Other
11425 - Formation Environmental, LLC 7865 Groundwater
Sustainability Plan
Paid by Check
# 102843
07/14/2023 07/17/2023 07/17/2023 07/28/2023 5,043.75
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $5,043.75 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20246353 CALNET3-9391023482
(884-0985)
Paid by Check
# 102835
07/15/2023 07/21/2023 07/21/2023 07/28/2023 26.86
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 1 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20246355 CALNET3-9391023485
(884-2573)
Paid by Check
# 102835
07/15/2023 07/21/2023 07/21/2023 07/28/2023 27.90
10758 - AT & T CALNET3 20246360 CALNET3-9391023490
(884-9568)
Paid by Check
# 102835
07/15/2023 07/21/2023 07/21/2023 07/28/2023 50.63
10758 - AT & T CALNET3 20246361 CALNET3-9391023491
(884-9654)
Paid by Check
# 102835
07/15/2023 07/21/2023 07/21/2023 07/28/2023 87.86
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 4 $193.25 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 23- 795-7 PG&E - 4467294795-7 Paid by Check # 102856
07/21/2023 07/12/2023 07/12/2023 07/28/2023 374.19
10463 - Pacific Gas & Electric July 23- 172-2 PG&E - 5618207172-2 Paid by Check # 102856
07/20/2023 07/12/2023 07/12/2023 07/28/2023 930.63
10463 - Pacific Gas & Electric July 23 - 683-2 PG&E 6217294683-2 Paid by Check # 102856
07/20/2023 07/12/2023 07/12/2023 07/28/2023 587.18
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 3 $1,892.00 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056025
071423
327 Reindollar Ave Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 71.92
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $71.92 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $7,249.94 Division 000 - Non-Div Totals Invoice Transactions 10 $7,249.94 Department 190 - Citywide Non-Dept Totals Invoice Transactions 10 $7,249.94 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10326 - Language Line, LLC 11011763 Acct #9020101064 Paid by Check # 102847
05/31/2023 07/19/2023 06/30/2023 07/28/2023 45.12
10326 - Language Line, LLC 11035559 Acct #9020101064 Paid by Check # 102847
06/30/2023 07/19/2023 06/30/2023 07/28/2023 129.72
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $174.84 Account 6360.050 - Maint & Repairs Building
10239 - First Alarm 761512 Cust #9537 - Marina
Public Safety Dept.
Paid by EFT #
3541
06/28/2023 07/19/2023 06/30/2023 07/28/2023 206.25
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 1 $206.25 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4156784569 Mat Service -
Police/Fire 05/26/23
Paid by Check
# 102840
05/26/2023 07/21/2023 07/21/2023 07/28/2023 37.59
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 2 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10981 - Sentry Alarm Systems of America,
Inc.
2216328 Cust #1840 Paid by Check
# 102862
04/15/2023 07/25/2023 07/25/2023 07/28/2023 540.90
10981 - Sentry Alarm Systems of America,
Inc.
2216329 Cust #1840 Paid by Check
# 102862
04/15/2023 07/25/2023 07/25/2023 07/28/2023 150.00
10981 - Sentry Alarm Systems of America,
Inc.
2224238 Cust #1840 Paid by Check
# 102862
07/15/2023 07/25/2023 07/25/2023 07/28/2023 540.90
10981 - Sentry Alarm Systems of America,
Inc.
2224239 Cust #1840 Paid by Check
# 102862
07/15/2023 07/25/2023 07/25/2023 07/28/2023 150.00
10592 - U.S. Bank Equipment Finance-
USbancorp
502460447 Customer Credit Acct
#598296
Paid by Check
# 102865
05/27/2023 07/19/2023 06/30/2023 07/28/2023 1,400.13
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 6 $2,819.52 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9935163969 Acct #272493672-
00001
Paid by EFT #
3547
05/18/2023 07/19/2023 06/30/2023 07/28/2023 1,751.42
10603 - Verizon Wireless 9937527352 Acct #272493672-
00001
Paid by EFT #
3547
06/18/2023 07/19/2023 06/30/2023 07/28/2023 1,828.24
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 2 $3,579.66 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20246384 CALNET3-9391023435
(237-267-6922)
Paid by Check
# 102835
07/15/2023 07/21/2023 07/21/2023 07/28/2023 170.73
10053 - AT & T 06-21-23 Acct #051 935-4017
001
Paid by Check
# 102834
06/21/2023 07/19/2023 06/30/2023 07/28/2023 44.79
10053 - AT & T 07-01-2023 Acct #248 134-7275
428 0
Paid by Check
# 102834
07/01/2023 07/19/2023 06/30/2023 07/28/2023 17.13
10053 - AT & T 05-21-23 Acct #051 935-4017
001
Paid by Check
# 102834
05/21/2023 07/19/2023 06/30/2023 07/28/2023 44.79
10053 - AT & T 06-01-23 Acct #248 134-7275
428 0
Paid by Check
# 102834
06/01/2023 07/19/2023 06/30/2023 07/28/2023 17.13
10758 - AT & T CALNET3 000020246349 BAN #9391023478 Paid by Check # 102835
07/15/2023 07/19/2023 06/30/2023 07/28/2023 52.18
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 6 $346.75 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 06-30-23 A Acct #000056 091 Paid by Check # 102851
06/30/2023 07/19/2023 06/30/2023 07/28/2023 176.98
10349 - Marina Coast Water District 06-30-23 B Acct #014874 000 Paid by Check # 102851
06/30/2023 07/19/2023 06/30/2023 07/28/2023 141.82
10349 - Marina Coast Water District 04-27-23 A Acct #000056 091 Paid by Check # 102851
04/27/2023 07/25/2023 06/30/2023 07/28/2023 178.72
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 3 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
25 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 05-31-23 A Acct #000056 091 Paid by Check # 102851
07/25/2023 07/25/2023 06/30/2023 07/28/2023 156.44
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 4 $653.96 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 11324 - Wex Bank (former Chevron Fuel
Cards)
89934885 Acct #0496-00-52150-
7 Paid by EFT #
3548
07/23/2023 07/19/2023 06/30/2023 07/28/2023 572.31
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $572.31 Account 6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation 32379221 Acct # 7474999 Paid by Check # 102860
05/08/2023 07/19/2023 06/30/2023 07/28/2023 599.54
10498 - Quill Corporation 32796954 Acct # 7474999 Paid by Check # 102860
06/01/2023 07/19/2023 06/30/2023 07/28/2023 212.97
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $812.51 Account 6400.720 - Material & Suppl Safety Equip
10490 - Proforce 518996 Cust #002247 Paid by Check
# 102858
05/15/2023 07/19/2023 06/30/2023 07/28/2023 1,048.80
Account 6400.720 - Material & Suppl Safety Equip Totals Invoice Transactions 1 $1,048.80 Account 6400.740 - Material & Suppl Special Dept Suppl
10594 - V&V Manufacturing 57017 Marina PD Paid by Check # 102868
05/04/2023 07/19/2023 06/30/2023 07/28/2023 223.84
10594 - V&V Manufacturing 57470 Marina PD Paid by Check # 102868
07/19/2023 07/19/2023 06/30/2023 07/28/2023 117.92
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 2 $341.76 Account 6400.800 - Material & Suppl Uniform
10309 - Salinas Valley Pro Squad 321158 Sxochil Paid by Check # 102861
04/01/2023 07/19/2023 06/30/2023 07/28/2023 317.88
10309 - Salinas Valley Pro Squad 321159 Barnet Paid by Check # 102861
04/12/2023 07/19/2023 06/30/2023 07/28/2023 317.88
10309 - Salinas Valley Pro Squad 321163 Dhillon Paid by Check # 102861
05/22/2023 07/19/2023 06/30/2023 07/28/2023 349.56
10309 - Salinas Valley Pro Squad 321235 Barnet Paid by Check # 102861
05/24/2023 07/19/2023 06/30/2023 07/28/2023 174.78
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 4 $1,160.10 Account 6500.620 - Training & Travel POST
10641 - Carr, Jeffery 06-11-2023 DO NOT MAIL - Per
Diem for J. Carr
Paid by Check
# 102872
06/11/2023 07/21/2023 06/30/2023 07/28/2023 220.00
10692 - Russo, Steven 06-05-2023 DO NOT MAIL - Per
Diem for S. Russo
Paid by Check
# 102876
06/05/2023 07/21/2023 06/30/2023 07/28/2023 40.00
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 4 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
26 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6500.620 - Training & Travel POST
11604 - Ryan Parra 06-04-2023 DO NOT MAIL - Per
Diem for R .Parra
Paid by Check
# 102877
06/04/2023 07/21/2023 06/30/2023 07/28/2023 506.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 3 $766.00 Account 6500.700 - Training & Travel Training & Travel
10095 - California Police Chiefs Association 2545 WLLE - Fernando, Barnet, Ruelas,
Shimabukuro
Paid by Check
# 102837
05/25/2023 07/25/2023 07/25/2023 07/28/2023 1,800.00
11892 - Lizette Rocha-Alvarez - Emp 06-18-2023 Per Diem - L. Rocha Paid by Check # 102849
06/18/2023 07/25/2023 06/30/2023 07/28/2023 266.00
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 2 $2,066.00 Account 6600.485 - Other Charges Medical Svc - Investigations 11726 - Uretsky Security 9386 Rhodes, Justin Paid by Check # 102867
04/10/2023 07/19/2023 06/30/2023 07/28/2023 1,521.45
11726 - Uretsky Security 9397 Villacana, Nancy Paid by Check # 102867
04/10/2023 07/19/2023 06/30/2023 07/28/2023 450.00
11726 - Uretsky Security 9374 Maciel Garcia, Miriam Paid by Check # 102867
04/10/2023 07/19/2023 06/30/2023 07/28/2023 1,326.86
Account 6600.485 - Other Charges Medical Svc - Investigations Totals Invoice Transactions 3 $3,298.31 Account 6600.780 - Other Charges Transcription Svc
10544 - SpeakWrite b18a8fo8 City of Marina CA Police
Dept BIlling Acct
Paid by Check
# 102864
05/01/2023 07/19/2023 06/30/2023 07/28/2023 1,356.61
10544 - SpeakWrite f2e67a9f City of Marina CA Police
Dept BIlling Acct
Paid by Check
# 102864
07/01/2023 07/19/2023 06/30/2023 07/28/2023 1,128.97
Account 6600.780 - Other Charges Transcription Svc Totals Invoice Transactions 2 $2,485.58 Account 6600.850 - Other Charges K9 / Animal Supplies & Vet Svc 10037 - Andon Laundrymat Service 1-A Ticket #6685 - 06-12- 23 Paid by Check
# 102831
07/01/2023 07/19/2023 06/30/2023 07/28/2023 51.00
11791 - Carey Harold Lindgre Lindgren's
Canine Consultation Services
06-12-23 Monthly Maintenance
K-9 Training - June 5,
12, 2023
Paid by Check
# 102848
06/12/2023 07/19/2023 06/30/2023 07/28/2023 125.00
Account 6600.850 - Other Charges K9 / Animal Supplies & Vet Svc Totals Invoice Transactions 2 $176.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 43 $20,508.35 Division 000 - Non-Div Totals Invoice Transactions 43 $20,508.35 Department 210 - Police Totals Invoice Transactions 43 $20,508.35 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 5 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
27 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
123287 Plan review and
inspection Lightfighter
Village 229-243 Hayes
Paid by Check
# 102839
07/19/2023 07/21/2023 07/21/2023 07/28/2023 230.00
10841 - Carmel Fire Protection Associates -
Art Black
123276 Plan review and
inspection Dunes
Promenade Bldg 1,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123275 Plan review and
inspection Dunes
Promenade Bldg 2,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123274 Plan review and
inspection Dunes
Promenade Bldg 3,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123273 Plan review and
inspection Dunes
Promenade Bldg 4,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123272 Plan review and
inspection Dunes
Promenade Bldg 5,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123271 Plan review and
inspection Dunes
Promenade Bldg 6,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
10841 - Carmel Fire Protection Associates -
Art Black
123270 Plan review and
inspection Dunes
Promenade Bldg 10,
10th St.
Paid by Check
# 102839
07/08/2023 07/21/2023 07/21/2023 07/28/2023 200.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 8 $1,630.00 Account 6360.070 - Maint & Repairs Bdg Public Safety
11848 - McDonald Refrigeration Inc 75644 PD Paid by Check # 102852
07/12/2023 07/17/2023 07/17/2023 07/28/2023 1,387.80
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $1,387.80 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4156784569 Mat Service -
Police/Fire 05/26/23
Paid by Check
# 102840
05/26/2023 07/21/2023 07/21/2023 07/28/2023 117.48
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 6 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
28 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10627 - Zoom Imaging Solutions IN3569008 Maintenance Contract - 04/17/23 to 07/16/23
Paid by Check
# 102871
07/13/2023 07/21/2023 07/21/2023 07/28/2023 39.96
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $157.44 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $3,175.24 Division 000 - Non-Div Totals Invoice Transactions 11 $3,175.24 Department 250 - Fire Totals Invoice Transactions 11 $3,175.24 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.040 - Maint & Repairs Backflow Preventers
10183 - Marina Backflow Co. 2786 5 locations Neeson,
Reservation, Palm
Paid by Check
# 102850
07/18/2023 07/17/2023 07/17/2023 07/28/2023 325.00
Account 6360.040 - Maint & Repairs Backflow Preventers Totals Invoice Transactions 1 $325.00 Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 085879 Photo Cells Paid by Check # 102829
07/17/2023 07/17/2023 07/17/2023 07/28/2023 18.56
10728 - Ace Hardware-Public Works 085932 Shop Paid by Check # 102829
07/21/2023 07/20/2023 07/20/2023 07/28/2023 18.52
10181 - Dave's Repair Service 35436 Vapor Tests Paid by Check # 102841
07/13/2023 07/24/2023 07/24/2023 07/28/2023 3,430.69
10181 - Dave's Repair Service 35467DG Download CM Build Reports
Paid by Check
# 102841
07/21/2023 07/24/2023 07/24/2023 07/28/2023 180.00
10275 - Home Depot Credit Service 07-13-23 6035322503959813 PW Home Depot
Paid by Check
# 102845
07/13/2023 07/20/2023 07/20/2023 07/28/2023 371.81
10583 - Underground Service Alert - USA
North 811
2023120045 Vince Dimaggio
Memorial Park
Paid by Check
# 102866
07/20/2023 07/19/2023 07/19/2023 07/28/2023 1,477.89
10583 - Underground Service Alert - USA
North 811
23USB120045 California State Fee for
Regulator Costs 23-24
Paid by Check
# 102866
07/24/2023 07/20/2023 07/20/2023 07/28/2023 516.06
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 7 $6,013.53 Account 6360.440 - Maint & Repairs Landscape General
10728 - Ace Hardware-Public Works 085897 Shop Paid by Check # 102829
07/18/2023 07/17/2023 07/17/2023 07/28/2023 50.23
10728 - Ace Hardware-Public Works 085915 VD Park Paid by Check # 102829
07/20/2023 07/20/2023 07/20/2023 07/28/2023 93.94
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $144.17 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056098
070623
3254 Abdy Way (Tate
Park-Building)
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 52.60
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 7 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
29 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056011
070623
3254 Abdy Way (Tate-
Park Irrigation)
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 2,157.05
10349 - Marina Coast Water District 000056034
070623
3240 De Forest Road Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 361.46
10349 - Marina Coast Water District 000056014
070623
3200 Del Monte Blvd Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 2,273.46
10349 - Marina Coast Water District 000056001
071423
209-13 Cypress Ave Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 86.74
10349 - Marina Coast Water District 000056019
071423
211 Hillcrest Ave Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 1,067.60
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 6 $5,998.91 Account 6400.155 - Material & Suppl Dump Fees
10043 - Aramark Uniform Service 5110266134 PW Uniforms Paid by Check # 102832
07/19/2023 07/20/2023 07/20/2023 07/28/2023 77.11
10043 - Aramark Uniform Service 5110266133 PW Uniforms Paid by Check # 102832
07/19/2023 07/20/2023 07/20/2023 07/28/2023 159.07
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 2 $236.18 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 18 $12,717.79 Division 311 - Buildings & Grounds Totals Invoice Transactions 18 $12,717.79 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10264 - Green Rubber-Kennedy AG S-754097 Shop Supply Paid by Check # 102844
07/17/2023 07/17/2023 07/17/2023 07/28/2023 2.45
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-995493 Shop Paid by Check
# 102854
07/17/2023 07/17/2023 07/17/2023 07/28/2023 70.37
10403 - NAPA Auto Parts - former Monterey
Auto Supply
995342 Fire Paid by Check
# 102854
07/17/2023 07/17/2023 07/17/2023 07/28/2023 55.11
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-993357 Mechanic Paid by Check
# 102854
07/07/2023 07/17/2023 07/17/2023 07/28/2023 12.94
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-993021 Airport Paid by Check
# 102854
07/06/2023 07/17/2023 07/17/2023 07/28/2023 70.21
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-993023 PD Paid by Check
# 102854
07/17/2023 07/17/2023 07/17/2023 07/28/2023 32.58
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-993300 PD Unit Paid by Check
# 102854
07/07/2023 07/20/2023 07/20/2023 07/28/2023 136.15
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-992824 PD Unit Paid by Check
# 102854
07/05/2023 07/20/2023 07/20/2023 07/28/2023 337.65
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 8 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
30 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10599 - Valley Saw & Garden Equipment 343491 Shop Supply Paid by Check # 102869
07/17/2023 07/17/2023 07/17/2023 07/28/2023 647.36
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 9 $1,364.82 Account 6360.850 - Maint & Repairs Vehicle
10221 - Emergency Vehicle Specialists 15029 Upfitting of Fleet Shelen Lightbar 2022
F150
Paid by EFT #
3540
07/21/2023 07/20/2023 07/20/2023 07/28/2023 2,500.00
10437 - My Chevrolet 148772CVR PD Unit Paid by Check
# 102853
07/12/2023 07/20/2023 07/20/2023 07/28/2023 389.35
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $2,889.35 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $4,254.17 Division 313 - Vehicle Maint Totals Invoice Transactions 11 $4,254.17 Department 310 - Public Works Totals Invoice Transactions 29 $16,971.96 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10508 - Regional Government Services 15340 Contract Services for Planning - June 2023
Paid by EFT #
3544
06/30/2023 07/26/2023 06/30/2023 07/28/2023 388.37
10508 - Regional Government Services 15342 Contract Services for Planning - Brass Taps-
June 2023
Paid by EFT #
3544
06/30/2023 07/26/2023 06/30/2023 07/28/2023 318.18
Account 6300.610 - Prof Svc Planning - Consultant Totals Invoice Transactions 2 $706.55 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $706.55 Division 000 - Non-Div Totals Invoice Transactions 2 $706.55 Department 410 - Planning Totals Invoice Transactions 2 $706.55 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10508 - Regional Government Services 15269 Marina Recruitment Engineer
Paid by EFT #
3544
06/30/2023 07/21/2023 06/30/2023 07/28/2023 93.75
10508 - Regional Government Services 15270 Services for June Recruitment Engineer
Paid by EFT #
3544
06/30/2023 07/21/2023 06/30/2023 07/28/2023 4,405.00
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 9 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
31 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10508 - Regional Government Services 15353 Reimbursement for Recruitment
Paid by EFT #
3544
06/30/2023 07/21/2023 06/30/2023 07/28/2023 3,855.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $8,353.75 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $8,353.75 Division 000 - Non-Div Totals Invoice Transactions 3 $8,353.75 Department 420 - Engineering Totals Invoice Transactions 3 $8,353.75 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.070 - Prof Svc Building Plan Check & Inspection 10171 - CSG Consultants B231000 Building Plan Review
Services-June 2023
Paid by EFT #
3539
07/02/2023 07/13/2023 06/30/2023 07/28/2023 24,766.82
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 1 $24,766.82 Account 6300.100 - Prof Svc Code Enforcement
11477 - Cheryl Kent - DBA Fastrac 2023-60 Code Enforcement Investigations
Paid by Check
# 102873
07/20/2023 07/20/2023 07/20/2023 07/28/2023 1,540.00
Account 6300.100 - Prof Svc Code Enforcement Totals Invoice Transactions 1 $1,540.00 Account 6300.570 - Prof Svc Other
11762 - Raimi + Associates, Inc 23-5889 MARINA ODS-June 2023
Paid by EFT #
3543
07/25/2023 07/25/2023 06/30/2023 07/28/2023 1,399.95
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $1,399.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $27,706.77 Division 000 - Non-Div Totals Invoice Transactions 3 $27,706.77 Department 430 - Building Inspection Totals Invoice Transactions 3 $27,706.77 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10487 - Potter's Electronics 34608 Youth Center Video
Equipment
Paid by Check
# 102857
06/30/2023 07/20/2023 06/30/2023 07/28/2023 438.34
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 1 $438.34 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 10 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
32 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6380.150 - Utilities Comm Phone System
10053 - AT & T July 23 520 5 AT&T 831-582-9957
520 5
Paid by Check
# 102834
07/13/2023 07/21/2023 07/21/2023 07/28/2023 357.30
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 1 $357.30 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $795.64 Division 100 - Admin Totals Invoice Transactions 2 $795.64 Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6600.145 - Other Charges Equipment Rental
11885 - A to Z Rentals, Inc 1017213 staging Paid by Check # 102828
06/23/2023 07/20/2023 06/30/2023 07/28/2023 1,769.85
Account 6600.145 - Other Charges Equipment Rental Totals Invoice Transactions 1 $1,769.85 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $1,769.85 Division 511 - Youth Totals Invoice Transactions 1 $1,769.85 Department 510 - Recreation & Culture Totals Invoice Transactions 3 $2,565.49 Fund 100 - General Fund Totals Invoice Transactions 108 $89,178.80 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 11 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
33 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 23 - 533-8 PG&E - 2253666533-8 Paid by Check # 102856
07/19/2023 07/12/2023 07/12/2023 07/28/2023 117.55
10463 - Pacific Gas & Electric July 23 - 362-9 PG&E - 5996678362-9 Paid by Check # 102856
07/20/2023 07/12/2023 07/12/2023 07/28/2023 129.89
10463 - Pacific Gas & Electric July 23 - 683-2 PG&E 6217294683-2 Paid by Check # 102856
07/20/2023 07/12/2023 07/12/2023 07/28/2023 516.80
10463 - Pacific Gas & Electric July 23 827-8 PG&E - 0423929827-8 Paid by Check # 102856
07/14/2023 07/21/2023 07/21/2023 07/28/2023 128.42
10463 - Pacific Gas & Electric July 23 851-0 PG&E - 3440977851-0 Paid by Check # 102856
07/17/2023 07/21/2023 07/21/2023 07/28/2023 180.04
10463 - Pacific Gas & Electric July 23 535-3 PG&E - 6161832535-3 Paid by Check # 102856
07/14/2023 07/21/2023 07/21/2023 07/28/2023 225.37
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 6 $1,298.07 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056084
070623
Crescent/Shuler/Irrigati
on
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 28.34
10349 - Marina Coast Water District 000056087
070623
Crescent Ave/Costa Del
Mar Irrigation
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 28.34
10349 - Marina Coast Water District 000056030
070623
Crescent Ave/Reser
Rd/Ramada Inn
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 38.22
10349 - Marina Coast Water District 000056086
070623
Crescent Ave/Sirena
Del Mar Irrigation
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 28.34
10349 - Marina Coast Water District 000056032
070623
Crescent Ave/Costa Del
Mar East Side
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 62.91
10349 - Marina Coast Water District 000056008
070623
Reservation & Del
Monte
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 28.34
10349 - Marina Coast Water District 000056085
070623
Crescent/Whitney
Irrigation
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 28.34
10349 - Marina Coast Water District 000056027
071423
Calif Ave at Reindollar Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 38.22
10349 - Marina Coast Water District 000056007
071423
Calif Ave/North of 3rd Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 92.55
10349 - Marina Coast Water District 000056022
071423
Reser/Marina Auto
Stereo/Irrigation
Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 36.77
10349 - Marina Coast Water District 000056024
071423
Del Monte/Palm Paid by Check
# 102851
07/14/2023 07/24/2023 07/24/2023 07/28/2023 92.55
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 11 $502.92 Account 6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra 14225799
071323
209 Cypress Ave Paid by Check
# 102863
07/13/2023 07/17/2023 07/17/2023 07/28/2023 89.42
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $89.42 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 12 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
34 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.780 - Material & Suppl Traffic Signal
10101 - California Department of
Transportation
SL231136 FY 22/23 Signals &
Lighting Billing April
2023-June 2023
Paid by Check
# 102836
07/15/2023 07/21/2023 06/30/2023 07/28/2023 4,269.14
Account 6400.780 - Material & Suppl Traffic Signal Totals Invoice Transactions 1 $4,269.14 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 19 $6,159.55 Division 000 - Non-Div Totals Invoice Transactions 19 $6,159.55 Department 000 - Non-Dept Totals Invoice Transactions 19 $6,159.55 Fund 220 - Gas Tax Totals Invoice Transactions 19 $6,159.55 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 13 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
35 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 223 - FORA Dissolution
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11755 - Unlimited Environmental, Inc. 22-071-10 D Dunes Paid by EFT # 3546
06/30/2023 07/18/2023 06/30/2023 07/28/2023 80,267.44
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $80,267.44 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $80,267.44 Division 000 - Non-Div Totals Invoice Transactions 1 $80,267.44 Department 000 - Non-Dept Totals Invoice Transactions 1 $80,267.44 Fund 223 - FORA Dissolution Totals Invoice Transactions 1 $80,267.44 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 14 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
36 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056015
070623
Corner of Cardoza &
Dolphin Circle
Paid by Check
# 102851
07/06/2023 07/19/2023 07/19/2023 07/28/2023 62.91
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $62.91 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $62.91 Division 000 - Non-Div Totals Invoice Transactions 1 $62.91 Department 000 - Non-Dept Totals Invoice Transactions 1 $62.91 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $62.91 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 15 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
37 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 251 - CFD - Locke Paddon
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 23 - 272-1 PG&E - 2862559272-1 Paid by Check # 102856
07/19/2023 07/12/2023 07/12/2023 07/28/2023 40.60
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $40.60 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $40.60 Division 000 - Non-Div Totals Invoice Transactions 1 $40.60 Department 000 - Non-Dept Totals Invoice Transactions 1 $40.60 Fund 251 - CFD - Locke Paddon Totals Invoice Transactions 1 $40.60 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 16 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
38 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11762 - Raimi + Associates, Inc 23-5859 MARINA GPU-May 2023 Paid by EFT # 3543
07/14/2023 07/14/2023 06/30/2023 07/28/2023 59,651.58
10046 - ARC (Former San Jose Blue) 12166119 Imjin Parkway Signs Paid by Check # 102833
07/14/2023 07/20/2023 07/20/2023 07/28/2023 3,318.97
10108 - Capitol Barricade, Inc. 155160 Trail Entrance Paid by Check # 102838
07/18/2023 07/20/2023 07/20/2023 07/28/2023 1,315.06
11084 - EMC Planning Group 23-297 Marina LCP Update-Jne 2023
Paid by Check
# 102842
06/30/2023 07/20/2023 06/30/2023 07/28/2023 757.72
11784 - John Upshaw John Upshaw - DJ
MOnterey
07-02-23 Kick off Event (Imjin
Parkway Widening
Project)
Paid by Check
# 102846
07/02/2023 07/17/2023 07/17/2023 07/28/2023 300.00
10515 - Rincon Consultants, Inc. 49460 Marina DVSP-June 2023
Paid by EFT #
3545
07/17/2023 07/20/2023 06/30/2023 07/28/2023 8,303.50
11489 - Wallace Group, Inc. 59981 Sea Haven City Park Paid by Check # 102870
07/21/2023 07/24/2023 07/24/2023 07/28/2023 589.03
11489 - Wallace Group, Inc. 59978 California Ave
Pedestrian Crossing
Construction
Paid by Check
# 102870
07/21/2023 07/24/2023 07/24/2023 07/28/2023 3,362.08
11489 - Wallace Group, Inc. 59970 MLK Sculpture CDs Paid by Check # 102870
07/21/2023 07/24/2023 07/24/2023 07/28/2023 511.25
11489 - Wallace Group, Inc. 59965 Glorya Jean Tate Park Pump Track &
Restroom
Improvements
Paid by Check
# 102870
07/21/2023 07/24/2023 07/24/2023 07/28/2023 5,479.50
11489 - Wallace Group, Inc. 60034 Program Management Paid by Check # 102870
07/21/2023 07/24/2023 07/24/2023 07/28/2023 9,677.92
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 11 $93,266.61 Account 6400.733 - Material & Suppl Signs
10967 - Monterey Signs, Inc. 55260 Signs for Equestrian Center
Paid by EFT #
3542
07/14/2023 07/20/2023 07/20/2023 07/28/2023 1,681.90
Account 6400.733 - Material & Suppl Signs Totals Invoice Transactions 1 $1,681.90 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $94,948.51 Division 000 - Non-Div Totals Invoice Transactions 12 $94,948.51 Department 000 - Non-Dept Totals Invoice Transactions 12 $94,948.51 Fund 462 - City Capital Projects Totals Invoice Transactions 12 $94,948.51 Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 17 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
39 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11489 - Wallace Group, Inc. 60035 Airport Project
Management
Paid by Check
# 102870
07/21/2023 07/20/2023 06/30/2023 07/28/2023 1,722.50
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $1,722.50 Account 6360.050 - Maint & Repairs Building
10035 - Andersen's Lock & Safe, Inc. 43755 FY 22/23 Troubleshoot front entrance done for
Bldg 526
Paid by Check
# 102830
07/07/2023 07/07/2023 06/30/2023 07/28/2023 130.00
10183 - Marina Backflow Co. 2718 FY 22/23 Backflow
Repair @781 Neeson
Rd
Paid by Check
# 102850
07/20/2023 07/20/2023 06/30/2023 07/28/2023 215.00
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 2 $345.00 Account 6360.440 - Maint & Repairs Landscape General
10154 - Commercial Environment
Landscape
2796-0723 Weekly Landscape
Services for July 2023
Paid by EFT #
3538
07/25/2023 07/25/2023 07/25/2023 07/28/2023 2,900.00
10275 - Home Depot Credit Service 07-13-23 6035322503959813 PW Home Depot
Paid by Check
# 102845
07/13/2023 07/20/2023 07/20/2023 07/28/2023 791.36
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $3,691.36 Account 6360.450 - Maint & Repairs Maint & Repairs
10728 - Ace Hardware-Public Works 85917 Airport Supplies Paid by Check # 102829
07/21/2023 07/21/2023 07/21/2023 07/28/2023 99.36
Account 6360.450 - Maint & Repairs Maint & Repairs Totals Invoice Transactions 1 $99.36 Account 6360.566 - Maint & Repairs Other Equipment
10967 - Monterey Signs, Inc. 23167 Transient parking QR Code signs and Hours
decal
Paid by EFT #
3542
07/24/2023 07/24/2023 07/24/2023 07/28/2023 568.10
Account 6360.566 - Maint & Repairs Other Equipment Totals Invoice Transactions 1 $568.10 Account 6360.570 - Maint & Repairs Other Svc Agr
10239 - First Alarm 765337 3240 Imjin Bldg 510
Fire Alarm system
maintenance
Paid by EFT #
3541
07/15/2023 07/21/2023 07/21/2023 07/28/2023 492.12
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $492.12 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric June-July 767-2 751 Neeson Rd Bldg 526
Paid by Check
# 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 91.15
10463 - Pacific Gas & Electric June-July 288-5 781 Neeson Rd Bldg 520
Paid by Check
# 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 386.56
10463 - Pacific Gas & Electric June- July 694-
1 721 Neeson Rd Bldg
533
Paid by Check
# 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 1,119.77
10463 - Pacific Gas & Electric June-July 451-7 3271 Imjin Rd Paid by Check # 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 447.39
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 18 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
40 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric June- July 347-
5 3263 Imjin Rd. Bldg
519
Paid by Check
# 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 707.08
10463 - Pacific Gas & Electric June- July 608-
2 3260 Imjijn Rd Bldg
514
Paid by Check
# 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 941.70
10463 - Pacific Gas & Electric June-July 103-6 3200 Imjin Rd Paid by Check # 102856
07/11/2023 07/21/2023 07/21/2023 07/28/2023 4,139.04
10463 - Pacific Gas & Electric July 23 - 683-2 PG&E 6217294683-2 Paid by Check # 102856
07/20/2023 07/12/2023 07/12/2023 07/28/2023 107.69
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 8 $7,940.38 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 16 $14,858.82 Division 000 - Non-Div Totals Invoice Transactions 16 $14,858.82 Department 000 - Non-Dept Totals Invoice Transactions 16 $14,858.82 Fund 555 - Marina Airport Totals Invoice Transactions 16 $14,858.82 Grand Totals Invoice Transactions 158 $285,516.63
Run by Rogah Satof on 07/27/2023 02:55:35 PM Page 19 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 07/28/23 - 07/28/23
41 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.465 - Prof Svc Legal - Special Counsel
11505 - Shartsis Friese LLP 5478071 Professional Services - MPWSP - June 2023
Paid by Check
# 102904
07/28/2023 07/31/2023 07/31/2023 08/04/2023 235,604.15
Account 6300.465 - Prof Svc Legal - Special Counsel Totals Invoice Transactions 1 $235,604.15 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939265591 Monthly Verizon Bill- 308174766
Paid by EFT #
3582
07/10/2023 08/01/2023 08/01/2023 08/04/2023 227.34
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $227.34 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 321673369001 Office Depot Paid by Check # 102901
07/17/2023 07/27/2023 07/27/2023 08/04/2023 61.93
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $61.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $235,893.42 Division 000 - Non-Div Totals Invoice Transactions 3 $235,893.42 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 3 $235,893.42 Department 125 - I. T.
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.330 - Prof Svc IT - Information Tech Svc
10897 - TechRx Technology Services 11099 IT Support - July 2023 Paid by EFT # 3581
08/01/2023 08/01/2023 08/01/2023 08/04/2023 10,200.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $10,200.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services 11111 Ninite Monthly Subscription - August
2023
Paid by EFT #
3581
08/01/2023 08/01/2023 08/01/2023 08/04/2023 112.50
10897 - TechRx Technology Services 11114 Veeam Virtual Backup Monthly Subscription -
July 2023
Paid by EFT #
3581
08/01/2023 08/01/2023 08/01/2023 08/04/2023 380.00
10897 - TechRx Technology Services 10961 Amazon Glacier Terabyte Storage - Jun-
Aug 2023
Paid by EFT #
3581
08/01/2023 08/01/2023 08/01/2023 08/04/2023 1,049.75
10905 - Taygeta Scientific, Inc. 000708-R-0029 barracuda Spam Firewall - August 2023
Paid by Check
# 102905
08/01/2023 08/01/2023 08/01/2023 08/04/2023 475.80
10905 - Taygeta Scientific, Inc. 000423-R-0056 Computer Network Defense - August 2023
Paid by Check
# 102905
08/01/2023 08/01/2023 08/01/2023 08/04/2023 2,000.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 5 $4,018.05 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 1 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
42 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 125 - I. T.
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services 11092 Citywide MS Office 365 - August 2023
Paid by EFT #
3581
08/01/2023 08/01/2023 08/01/2023 08/04/2023 2,215.80
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade Totals Invoice Transactions 1 $2,215.80 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $16,433.85 Division 000 - Non-Div Totals Invoice Transactions 7 $16,433.85 Department 125 - I. T. Totals Invoice Transactions 7 $16,433.85 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 23-15 Service 7/17-27/2023 Paid by EFT # 3580
07/28/2023 07/28/2023 07/28/2023 08/04/2023 4,132.50
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $4,132.50 Account 6300.217 - Prof Svc Fin - Business Lic Services 10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN029865 June 23 BL Admin Fee Paid by EFT #
3579
07/28/2023 07/28/2023 06/30/2023 08/04/2023 1,542.02
Account 6300.217 - Prof Svc Fin - Business Lic Services Totals Invoice Transactions 1 $1,542.02 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939265591 Monthly Verizon Bill- 308174766
Paid by EFT #
3582
07/10/2023 08/01/2023 08/01/2023 08/04/2023 140.93
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $140.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $5,815.45 Division 000 - Non-Div Totals Invoice Transactions 3 $5,815.45 Department 130 - Finance Totals Invoice Transactions 3 $5,815.45 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 2 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
43 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11718 - Noland, Hamerly, Etienne & Hoss 234358 Professional Legal Services - June-July
2023
Paid by Check
# 102900
07/24/2023 08/01/2023 08/01/2023 08/04/2023 21,434.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $21,434.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $21,434.00 Division 000 - Non-Div Totals Invoice Transactions 1 $21,434.00 Department 150 - City Attorney Totals Invoice Transactions 1 $21,434.00 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11710 - HdL Coren & Cone SIN030192 Property Tax July-
September 2023
Paid by EFT #
3578
07/27/2023 08/01/2023 08/01/2023 08/04/2023 2,134.35
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN029866 June 2023 - TOT Paid by EFT #
3579
07/28/2023 07/28/2023 06/30/2023 08/04/2023 1,826.67
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $3,961.02 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4162319852 Cust# 833-711-5963 Paid by Check # 102885
07/21/2023 07/21/2023 07/21/2023 08/04/2023 43.72
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $43.72 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000020291053 CALNET3-9391023466 (384-8477)
Paid by Check
# 102881
07/27/2023 08/01/2023 08/01/2023 08/04/2023 56.31
10758 - AT & T CALNET3 000020291059 CALNET3-9391023471 (582-0100)
Paid by Check
# 102881
07/27/2023 08/01/2023 08/01/2023 08/04/2023 26.92
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 2 $83.23 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 8-199-46827 Documents sent to
Karen Tiedemann for
signature
Paid by Check
# 102891
07/21/2023 07/24/2023 07/24/2023 08/04/2023 38.42
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $38.42 Account 6600.010 - Other Charges Alarm
10239 - First Alarm 763940 Alarm Monitoring - 327
Reindollar Ave - Aug-
Sept 2023
Paid by EFT #
3577
07/15/2023 07/20/2023 07/20/2023 08/04/2023 156.06
10239 - First Alarm 762832 Alarm Monitoring - 211
Hillcrest Ave - City Hall
Aug-Sept.2023
Paid by EFT #
3577
07/15/2023 07/20/2023 07/20/2023 08/04/2023 126.03
Account 6600.010 - Other Charges Alarm Totals Invoice Transactions 2 $282.09 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 3 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
44 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.491 - Other Charges Membership AMBAG
10031 - Association of Monterey Bay Area
Governments
4346 FY 2022-2023 Member
Jurisdiction Dues
Paid by Check
# 102880
07/01/2023 07/24/2023 07/24/2023 08/04/2023 4,604.32
Account 6600.491 - Other Charges Membership AMBAG Totals Invoice Transactions 1 $4,604.32 Account 6600.492 - Other Charges Membership Com Human Svc 10158 - Community Human Services 07-19-23 CHS JPA Allocation - FY 2023-2024
Paid by Check
# 102889
07/19/2023 07/21/2023 07/21/2023 08/04/2023 12,975.00
Account 6600.492 - Other Charges Membership Com Human Svc Totals Invoice Transactions 1 $12,975.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $21,987.80 Division 000 - Non-Div Totals Invoice Transactions 10 $21,987.80 Department 190 - Citywide Non-Dept Totals Invoice Transactions 10 $21,987.80 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10140 - City Of Marina Petty Cash 06.30.2023 Replenish Petty Cash Paid by Check # 102886
06/30/2023 06/30/2023 06/30/2023 08/04/2023 40.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $40.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228627 Janitorial Service - Police/Fire/Airport July
2023
Paid by Check
# 102883
07/21/2023 07/27/2023 07/27/2023 08/04/2023 1,308.34
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $1,308.34 Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 19728 Water Cooler Service
Police & Fire 07/01/23
Paid by Check
# 102902
08/01/2023 07/27/2023 07/27/2023 08/04/2023 88.55
10493 - Pure H2O 19933 Water Cooler Service
Police & Fire 08/01/23
Paid by Check
# 102902
08/01/2023 07/27/2023 07/27/2023 08/04/2023 202.08
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $290.63 Account 6600.455 - Other Charges Leased Parking
10253 - George T. Powell 08012023 Parking for Police & Fire
Paid by Check
# 102894
08/01/2023 07/31/2023 07/31/2023 08/04/2023 997.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $997.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $2,635.97 Division 000 - Non-Div Totals Invoice Transactions 5 $2,635.97 Department 210 - Police Totals Invoice Transactions 5 $2,635.97 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 4 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
45 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
123292 Plan review and
inspection for Nguyen
Residence, 3044
Vaughan Av
Paid by Check
# 102884
07/21/2023 07/27/2023 07/27/2023 08/04/2023 230.00
10841 - Carmel Fire Protection Associates -
Art Black
123293 Plan review and
inspection for hood &
duct system, Brass Tap
Paid by Check
# 102884
07/21/2023 07/27/2023 07/27/2023 08/04/2023 215.00
10841 - Carmel Fire Protection Associates -
Art Black
123295 Plan review and
inspection for Brass
Tap, Underground fire
main
Paid by Check
# 102884
07/24/2023 07/27/2023 07/27/2023 08/04/2023 245.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $690.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228627 Janitorial Service - Police/Fire/Airport July
2023
Paid by Check
# 102883
07/21/2023 07/27/2023 07/27/2023 08/04/2023 516.66
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $516.66 Account 6360.566 - Maint & Repairs Other Equipment
10323 - L.N. Curtis & Sons INV730139 Combustable (Lel) Ex Sensor Replacement Kit
Paid by Check
# 102907
07/27/2023 07/27/2023 07/27/2023 08/04/2023 440.38
Account 6360.566 - Maint & Repairs Other Equipment Totals Invoice Transactions 1 $440.38 Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 19728 Water Cooler Service
Police & Fire 07/01/23
Paid by Check
# 102902
08/01/2023 07/27/2023 07/27/2023 08/04/2023 113.53
10623 - Xerox Financial Services 4591949 FD Monthly Copier Charges 7/17/23 -
08/16/23
Paid by Check
# 102906
07/28/2023 07/31/2023 07/31/2023 08/04/2023 239.26
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $352.79 Account 6400.740 - Material & Suppl Special Dept Suppl
10140 - City Of Marina Petty Cash 06.30.2023 Replenish Petty Cash Paid by Check # 102886
06/30/2023 06/30/2023 06/30/2023 08/04/2023 80.00
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $80.00 Account 6400.796 - Material & Suppl Turnout Equip-Wildland Fires 10323 - L.N. Curtis & Sons INV715248 (23) Fire Navy
Polyester Fleece
Jackets
Paid by Check
# 102907
06/22/2023 07/27/2023 07/27/2023 08/04/2023 1,635.09
10323 - L.N. Curtis & Sons INV717069 Large Navy Chameleon Softshell 2.0 Jacket
Paid by Check
# 102907
06/22/2023 07/27/2023 07/27/2023 08/04/2023 152.95
Account 6400.796 - Material & Suppl Turnout Equip-Wildland Fires Totals Invoice Transactions 2 $1,788.04 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 5 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
46 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.455 - Other Charges Leased Parking
10253 - George T. Powell 08012023 Parking for Police & Fire
Paid by Check
# 102894
08/01/2023 07/31/2023 07/31/2023 08/04/2023 303.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $303.00 Account 6600.490 - Other Charges Membership Prof Orgs
10442 - National Fire Protection - NFPA 2516553 Membership Renewal for D. McCoun thru
8/2/24
Paid by Check
# 102899
07/04/2023 07/27/2023 07/27/2023 08/04/2023 175.00
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 1 $175.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $4,345.87 Division 000 - Non-Div Totals Invoice Transactions 12 $4,345.87 Department 250 - Fire Totals Invoice Transactions 12 $4,345.87 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6400.800 - Material & Suppl Uniform
10140 - City Of Marina Petty Cash 06.30.2023 Replenish Petty Cash Paid by Check # 102886
06/30/2023 06/30/2023 06/30/2023 08/04/2023 139.28
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $139.28 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $139.28 Division 311 - Buildings & Grounds Totals Invoice Transactions 1 $139.28 Department 310 - Public Works Totals Invoice Transactions 1 $139.28 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939265591 Monthly Verizon Bill- 308174766
Paid by EFT #
3582
07/10/2023 08/01/2023 08/01/2023 08/04/2023 102.97
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $102.97 Account 6400.352 - Material & Suppl IT - Software (non-capitalize) 10046 - ARC (Former San Jose Blue) 12179147 ARC 7/27/2023 Paid by Check # 102879
06/27/2023 08/02/2023 08/02/2023 08/02/2023 08/04/2023 282.96 Account 6400.352 - Material & Suppl IT - Software (non-capitalize) Totals Invoice Transactions 1 $282.96 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $385.93 Division 000 - Non-Div Totals Invoice Transactions 2 $385.93 Department 410 - Planning Totals Invoice Transactions 2 $385.93 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 6 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
47 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228626 Custodial Services for July 2023
Paid by Check
# 102883
07/21/2023 07/25/2023 07/25/2023 08/04/2023 797.39
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $797.39 Account 6380.150 - Utilities Comm Phone System
10603 - Verizon Wireless 9939866000 542454588-00001 Paid by EFT # 3582
07/17/2023 07/25/2023 07/25/2023 08/04/2023 259.40
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 1 $259.40 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,056.79 Division 100 - Admin Totals Invoice Transactions 2 $1,056.79 Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10301 - Janice Griffin 07-20-23 Youth Center -
Entertainment
Paid by Check
# 102895
07/20/2023 07/25/2023 07/25/2023 08/04/2023 600.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $600.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228626 Custodial Services for July 2023
Paid by Check
# 102883
07/21/2023 07/25/2023 07/25/2023 08/04/2023 370.19
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $370.19 Account 6400.652 - Material & Suppl Recr Special Progr / Events 10140 - City Of Marina Petty Cash 06.30.2023 Replenish Petty Cash Paid by Check # 102886
06/30/2023 06/30/2023 06/30/2023 08/04/2023 75.93
Account 6400.652 - Material & Suppl Recr Special Progr / Events Totals Invoice Transactions 1 $75.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $1,046.12 Division 511 - Youth Totals Invoice Transactions 3 $1,046.12 Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228626 Custodial Services for July 2023
Paid by Check
# 102883
07/21/2023 07/25/2023 07/25/2023 08/04/2023 521.70
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $521.70 Account 6400.652 - Material & Suppl Recr Special Progr / Events 10688 - Rivera, Carolina 07-27-23 Reimbursement Paid by Check # 102903
07/27/2023 07/27/2023 07/27/2023 08/04/2023 283.72
Account 6400.652 - Material & Suppl Recr Special Progr / Events Totals Invoice Transactions 1 $283.72 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 7 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
48 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6400.658 - Material & Suppl Recr Teen Progr
10153 - Comcast 07-14-2023 8155 10 029 0106172 Paid by Check # 102888
07/14/2023 07/25/2023 07/25/2023 08/04/2023 152.44
Account 6400.658 - Material & Suppl Recr Teen Progr Totals Invoice Transactions 1 $152.44 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $957.86 Division 512 - Teen Totals Invoice Transactions 3 $957.86 Division 513 - Senior
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228626 Custodial Services for July 2023
Paid by Check
# 102883
07/21/2023 07/25/2023 07/25/2023 08/04/2023 370.19
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $370.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $370.19 Division 513 - Senior Totals Invoice Transactions 1 $370.19 Department 510 - Recreation & Culture Totals Invoice Transactions 9 $3,430.96 Fund 100 - General Fund Totals Invoice Transactions 53 $312,502.53 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 8 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
49 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 225 - National Park Service
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11718 - Noland, Hamerly, Etienne & Hoss 234358 Professional Legal Services - June-July
2023
Paid by Check
# 102900
07/24/2023 08/01/2023 08/01/2023 08/04/2023 2,730.50
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $2,730.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,730.50 Division 000 - Non-Div Totals Invoice Transactions 1 $2,730.50 Department 000 - Non-Dept Totals Invoice Transactions 1 $2,730.50 Fund 225 - National Park Service Totals Invoice Transactions 1 $2,730.50 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 9 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
50 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11847 - BKF Engineers 23071199 FY 22/23 Pavement
Management Program
Paid by Check
# 102882
07/25/2023 07/26/2023 06/30/2023 08/04/2023 11,878.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $11,878.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $11,878.00 Division 000 - Non-Div Totals Invoice Transactions 1 $11,878.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $11,878.00 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 1 $11,878.00 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 10 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
51 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 460 - Airport Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6700.105 - Capital Outlay Construction
11680 - Color New Co. - Louie Loizu 4 FY 22/23 Marina
Airport
Paid by Check
# 102887
05/11/2023 07/27/2023 06/30/2023 08/04/2023 24,402.59
Account 6700.105 - Capital Outlay Construction Totals Invoice Transactions 1 $24,402.59 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $24,402.59 Division 000 - Non-Div Totals Invoice Transactions 1 $24,402.59 Department 000 - Non-Dept Totals Invoice Transactions 1 $24,402.59 Fund 460 - Airport Capital Projects Totals Invoice Transactions 1 $24,402.59 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 11 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
52 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11278 - M3 Environmental Consulting, LLC 2324901 FY 22/23 Equestrian Center Project
Paid by Check
# 102897
05/18/2023 07/21/2023 06/30/2023 08/04/2023 10,595.00
10316 - Kimley-Horn & Associates 25287963 MARINA DTSP VMT
FINDINGS
Paid by Check
# 102896
06/30/2023 07/31/2023 06/30/2023 08/04/2023 3,500.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $14,095.00 Account 6700.105 - Capital Outlay Construction
11888 - G Hartley Inc - SC Barns, Building
and Fence
0001106 fencing Paid by Check
# 102892
06/15/2023 07/25/2023 06/30/2023 08/04/2023 31,507.70
Account 6700.105 - Capital Outlay Construction Totals Invoice Transactions 1 $31,507.70 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $45,602.70 Division 000 - Non-Div Totals Invoice Transactions 3 $45,602.70 Department 000 - Non-Dept Totals Invoice Transactions 3 $45,602.70 Fund 462 - City Capital Projects Totals Invoice Transactions 3 $45,602.70 Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 12 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
53 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11718 - Noland, Hamerly, Etienne & Hoss 234358 Professional Legal Services - June-July
2023
Paid by Check
# 102900
07/24/2023 08/01/2023 08/01/2023 08/04/2023 1,541.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $1,541.00 Account 6360.030 - Maint & Repairs AWOS Svc & Maint
10970 - DBT Transportation Services, LLC 2551735 AWOS Annual Service/ Periodic Maintenance
Paid by Check
# 102908
08/01/2023 08/31/2023 08/01/2023 08/04/2023 8,150.00
Account 6360.030 - Maint & Repairs AWOS Svc & Maint Totals Invoice Transactions 1 $8,150.00 Account 6360.280 - Maint & Repairs Habitat Management Svc 10250 - Gavilan Pest Control 154538 Airport Bldg 520
Squirrels
Paid by Check
# 102893
07/31/2023 07/31/2023 07/31/2023 08/04/2023 1,150.00
10250 - Gavilan Pest Control 154539 Airport Bldg 520
Rodents
Paid by Check
# 102893
07/31/2023 07/31/2023 07/31/2023 08/04/2023 75.00
Account 6360.280 - Maint & Repairs Habitat Management Svc Totals Invoice Transactions 2 $1,225.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228627 Janitorial Service - Police/Fire/Airport July
2023
Paid by Check
# 102883
07/21/2023 07/27/2023 07/27/2023 08/04/2023 410.00
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $410.00 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939265591 Monthly Verizon Bill- 308174766
Paid by EFT #
3582
07/10/2023 08/01/2023 08/01/2023 08/04/2023 51.46
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $51.46 Account 6400.232 - Material & Suppl Fuel - Aviation Jet A 10227 - Epic Aviation 7725681 JetA Fuel Paid by Check
# 102890
07/31/2023 08/30/2023 08/01/2023 08/01/2023 08/04/2023 25,759.38 Account 6400.232 - Material & Suppl Fuel - Aviation Jet A Totals Invoice Transactions 1 $25,759.38 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $37,136.84 Division 000 - Non-Div Totals Invoice Transactions 7 $37,136.84 Department 000 - Non-Dept Totals Invoice Transactions 7 $37,136.84 Fund 555 - Marina Airport Totals Invoice Transactions 7 $37,136.84 Grand Totals Invoice Transactions 66 $434,253.16
Run by Rogah Satof on 08/03/2023 09:45:45 AM Page 13 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 08/04/23 - 08/04/23
54 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 124.00
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $124.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $124.00 Division 000 - Non-Div Totals Invoice Transactions 1 $124.00 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 1 $124.00 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.200 - Medical Dental
10737 - Premier Access Insurance-Premium
Payment
08-01.-23 Dental Claim (08/2023) Paid by Check
# 102953
08/07/2023 08/07/2023 08/07/2023 08/11/2023 (3,632.92)
Account 6150.200 - Medical Dental Totals Invoice Transactions 1 ($3,632.92) Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4163721645 Cust# 833-711-5963 Paid by Check # 102917
08/04/2023 08/09/2023 08/09/2023 08/11/2023 43.22
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $43.22 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20293109 CALNET3-9391023437
(384-0425)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 55.05
10758 - AT & T CALNET3 20293112 CALNET3-9391023440
(384-0860)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 26.98
10758 - AT & T CALNET3 20293113 CALNET3-9391023441
(384-0888)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 26.92
10758 - AT & T CALNET3 20293137 CALNET3-9391023463
(384-7854)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 26.92
10758 - AT & T CALNET3 20293140 CALNET3-9391023466
(384-8477)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 52.30
10758 - AT & T CALNET3 20293142 CALNET3-9391023468
(384-9148)
Paid by Check
# 102912
07/28/2023 08/09/2023 08/09/2023 08/11/2023 26.92
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 6 $215.09 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 2023 313-6 PG&E 6793435313-6 Paid by Check # 102940
07/27/2023 08/09/2023 08/09/2023 08/11/2023 6,903.22
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $6,903.22 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056018
071423
208 Palm Ave Paid by Check
# 102928
07/14/2023 07/25/2023 07/25/2023 08/11/2023 136.34
Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 1 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
55 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056020
071423
304 Hillcrest Ave Paid by Check
# 102928
07/14/2023 07/25/2023 07/25/2023 08/11/2023 119.26
10349 - Marina Coast Water District 000056017
071423
208-A Palm Ave Paid by Check
# 102928
07/14/2023 07/25/2023 07/25/2023 08/11/2023 84.08
10432 - Monterey One Water - former
MRWPCA
13-000325
073123
2800 2nd Ave Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 55.50
10432 - Monterey One Water - former
MRWPCA
13-000143
073123
3220 Imjin Rd Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 33.40
10432 - Monterey One Water - former
MRWPCA
12-003949
073123
209 Cypress Ave Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 111.00
10432 - Monterey One Water - former
MRWPCA
12-003245
073123
3254 Abdy Way Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 55.50
10432 - Monterey One Water - former
MRWPCA
12-001708
073123
304 Hillcrest Ave Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 55.50
10432 - Monterey One Water - former
MRWPCA
12-003451
073123
0 Seaside Ave &
Reservation Rd
Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 55.50
10432 - Monterey One Water - former
MRWPCA
13-002930
073123
3200 Imjin Rd Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 1,110.00
10432 - Monterey One Water - former
MRWPCA
12-000192
073123
3200 Del Monte Blvd Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 55.50
10432 - Monterey One Water - former
MRWPCA
12-001627
073123
211 Hillcrest Ave Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 222.00
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 12 $2,093.58 Account 6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept. 323108140001 Drawers for Building Paid by Check # 102938
07/20/2023 07/31/2023 07/31/2023 08/11/2023 47.51
10734 - Office Depot-Public Works Dept. 323109278001 Drawers for Building Paid by Check # 102938
07/20/2023 07/31/2023 07/31/2023 08/11/2023 159.49
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $207.00 Account 6600.496 - Other Charges Membership MB UAPCD
10377 - Monterey Bay Air Resources
District - MBUAPCD
0003.161 Per Capita Assessment
FY 23-24
Paid by Check
# 102929
07/26/2023 08/01/2023 08/01/2023 08/11/2023 11,475.36
10377 - Monterey Bay Air Resources
District - MBUAPCD
2796-073123 208 Palm Ave/3040
Lake Court
Paid by Check
# 102929
07/31/2023 08/02/2023 08/02/2023 08/11/2023 864.00
Account 6600.496 - Other Charges Membership MB UAPCD Totals Invoice Transactions 2 $12,339.36 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 25 $18,168.55 Division 000 - Non-Div Totals Invoice Transactions 25 $18,168.55 Department 190 - Citywide Non-Dept Totals Invoice Transactions 25 $18,168.55 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 2 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
56 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 4,712.18
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $4,712.18 Account 6400.740 - Material & Suppl Special Dept Suppl
11131 - Online Solutions LLC - Citizenserve 5186 Marina PD - Annual Billing, Setup Fee, Data
Migration
Paid by Check
# 102939
08/02/2023 08/02/2023 08/02/2023 08/11/2023 17,500.00
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $17,500.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $22,212.18 Division 000 - Non-Div Totals Invoice Transactions 2 $22,212.18 Department 210 - Police Totals Invoice Transactions 2 $22,212.18 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.070 - Maint & Repairs Bdg Public Safety
10152 - Collins Electric Co., Inc. S2230289-1 Re-Lamp Pole Light Del Monte Blvd/Reservation
Paid by Check
# 102919
07/26/2023 08/02/2023 08/02/2023 08/11/2023 1,330.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $1,330.00 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 07-25-23 Acct# 371782403-
00002 - FD Mobile
Charges, June 26 - July
25 23
Paid by EFT #
3609
07/25/2023 08/07/2023 08/07/2023 08/11/2023 443.98
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $443.98 Account 6400.050 - Material & Suppl Books & Media
10442 - National Fire Protection - NFPA 8538845X ID# 2516553 National Fire Code Subscription
Renewal
Paid by Check
# 102935
08/02/2023 08/02/2023 08/02/2023 08/11/2023 1,552.50
Account 6400.050 - Material & Suppl Books & Media Totals Invoice Transactions 1 $1,552.50 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 1,130.51
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $1,130.51 Account 6600.490 - Other Charges Membership Prof Orgs
10342 - Monterey County Peace Officers
Association-MCPOA
08-04-23DM Membership for
Monterey County Peace
Officers Association
Paid by Check
# 102952
08/04/2023 08/04/2023 08/04/2023 08/11/2023 35.00
Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 3 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
57 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.490 - Other Charges Membership Prof Orgs
10342 - Monterey County Peace Officers
Association-MCPOA
08-04-23CV Membership for
Monterey County Peace
Officers Association
Paid by Check
# 102952
08/04/2023 08/04/2023 08/04/2023 08/11/2023 35.00
10342 - Monterey County Peace Officers
Association-MCPOA
08-04-23SL Membership for
Monterey County Peace
Officers Association
Paid by Check
# 102952
08/04/2023 08/04/2023 08/04/2023 08/11/2023 35.00
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 3 $105.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $4,561.99 Division 000 - Non-Div Totals Invoice Transactions 7 $4,561.99 Department 250 - Fire Totals Invoice Transactions 7 $4,561.99 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 058991 Shop Paid by Check # 102910
07/28/2023 07/25/2023 07/25/2023 08/11/2023 87.39
10728 - Ace Hardware-Public Works 086002 Shop Supply Paid by Check # 102910
07/31/2023 07/31/2023 07/31/2023 08/11/2023 10.65
10080 - Branch's Janitorial 228625 Custodial Service for July 2023
Paid by Check
# 102913
07/21/2023 07/25/2023 07/25/2023 08/11/2023 2,886.35
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 3 $2,984.39 Account 6360.070 - Maint & Repairs Bdg Public Safety
10728 - Ace Hardware-Public Works 086016 PD HVAC Paid by Check # 102910
08/01/2023 08/02/2023 08/02/2023 08/11/2023 30.64
10728 - Ace Hardware-Public Works 086017 PD HVAC Paid by Check # 102910
08/01/2023 08/02/2023 08/02/2023 08/11/2023 54.60
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 2 $85.24 Account 6360.440 - Maint & Repairs Landscape General
10250 - Gavilan Pest Control 0154797 3126 Shoemaker at Pong Rodents
Paid by Check
# 102922
07/26/2023 08/02/2023 08/02/2023 08/11/2023 80.00
10250 - Gavilan Pest Control 0154869 Preston Park Squirrels Paid by Check # 102922
07/27/2023 08/02/2023 08/02/2023 08/11/2023 180.00
10250 - Gavilan Pest Control 0154971 3254 Abdy Way
Gophers
Paid by Check
# 102922
07/27/2023 08/02/2023 08/02/2023 08/11/2023 300.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 3 $560.00 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056046
072023
3100 Preston Drive Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 214.99
10349 - Marina Coast Water District 000056045
072023
3100 Preston Drive Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 2,805.24
Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 4 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
58 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056094
072023
2660 5th Ave Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 440.92
10349 - Marina Coast Water District 000056090
072023
Locke Paddon Park Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 62.91
10349 - Marina Coast Water District 000056042
072023
3040 Lake Drive Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 69.75
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 5 $3,593.81 Account 6400.155 - Material & Suppl Dump Fees
10043 - Aramark Uniform Service 5110270853 PW Uniforms Paid by Check # 102911
07/26/2023 07/25/2023 07/25/2023 08/11/2023 77.11
10043 - Aramark Uniform Service 5110270852 PW Uniforms Paid by Check # 102911
07/26/2023 07/25/2023 07/25/2023 08/11/2023 138.07
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 2 $215.18 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 186.01
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $186.01 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 16 $7,624.63 Division 311 - Buildings & Grounds Totals Invoice Transactions 16 $7,624.63 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10011 - Abbott's Pro-Power 179114 FY 22/23 Shop Supply Paid by Check # 102909
06/28/2023 08/04/2023 06/30/2023 08/11/2023 388.57
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-998671 PD Unit Paid by Check
# 102933
08/01/2023 08/02/2023 08/02/2023 08/11/2023 29.80
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-992895 PD Unit Paid by Check
# 102933
07/05/2023 08/02/2023 08/02/2023 08/11/2023 647.55
10465 - Pacific Smog 1416 Smog Inspections Paid by Check # 102941
07/31/2023 08/08/2023 08/08/2023 08/11/2023 98.50
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 4 $1,164.42 Account 6360.850 - Maint & Repairs Vehicle
10085 - Burton's Fire, Inc. S 61382 2660 5th Ave Corp
Yard
Paid by Check
# 102954
08/02/2023 08/02/2023 08/02/2023 08/11/2023 171.03
10438 - My Jeep Chrysler Dodge JECS330522 PD Unit Paid by Check # 102932
07/27/2023 08/02/2023 08/02/2023 08/11/2023 195.00
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $366.03 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $1,530.45 Division 313 - Vehicle Maint Totals Invoice Transactions 6 $1,530.45 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 5 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
59 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works Totals Invoice Transactions 22 $9,155.08 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10268 - Harris & Associates 58751 Professional Services from July 02, 2023 to
July 29, 2023
Paid by Check
# 102924
08/03/2023 08/03/2023 08/03/2023 08/11/2023 8,517.50
Account 6300.610 - Prof Svc Planning - Consultant Totals Invoice Transactions 1 $8,517.50 Account 6330.100 - Fee Agr Costs - Planning
10316 - Kimley-Horn & Associates 25287961 Marina Station COA Paid by Check # 102927
06/30/2023 08/08/2023 06/30/2023 08/11/2023 10,214.00
10316 - Kimley-Horn & Associates 25287960 Marina Station Traffic Paid by Check # 102927
06/30/2023 08/08/2023 06/30/2023 08/11/2023 1,606.00
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 2 $11,820.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 124.00
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $124.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $20,461.50 Division 000 - Non-Div Totals Invoice Transactions 4 $20,461.50 Department 410 - Planning Totals Invoice Transactions 4 $20,461.50 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.100 - Prof Svc Code Enforcement
11477 - Cheryl Kent - DBA Fastrac 2023-65 Code Force
Investigations
Paid by Check
# 102948
07/20/2023 08/03/2023 08/03/2023 08/11/2023 1,435.00
Account 6300.100 - Prof Svc Code Enforcement Totals Invoice Transactions 1 $1,435.00 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939976677 Verizon Wireless July 2023 (972476364-
0001)
Paid by EFT #
3609
07/18/2023 07/31/2023 07/31/2023 08/11/2023 110.36
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $110.36 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,545.36 Division 000 - Non-Div Totals Invoice Transactions 2 $1,545.36 Department 430 - Building Inspection Totals Invoice Transactions 2 $1,545.36 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 6 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
60 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 310.02
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $310.02 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $310.02 Division 100 - Admin Totals Invoice Transactions 1 $310.02 Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6600.145 - Other Charges Equipment Rental
11900 - Juan Reyes 09-09-23 MLK - equipment rental Paid by Check # 102925
08/09/2023 08/09/2023 08/09/2023 08/11/2023 2,000.00
Account 6600.145 - Other Charges Equipment Rental Totals Invoice Transactions 1 $2,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,000.00 Division 511 - Youth Totals Invoice Transactions 1 $2,000.00 Department 510 - Recreation & Culture Totals Invoice Transactions 2 $2,310.02 Fund 100 - General Fund Totals Invoice Transactions 65 $78,538.68 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 7 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
61 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 130 - Library Maintenance
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 143325 Landscape
Maintenance August
2023
Paid by Check
# 102936
07/31/2023 08/08/2023 08/08/2023 08/11/2023 675.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $675.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $675.00 Division 000 - Non-Div Totals Invoice Transactions 1 $675.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $675.00 Fund 130 - Library Maintenance Totals Invoice Transactions 1 $675.00 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 8 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
62 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9939976677 Verizon Wireless July 2023 (972476364-
0001)
Paid by EFT #
3609
07/18/2023 07/31/2023 07/31/2023 08/11/2023 578.95
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $578.95 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 2023 313-6 PG&E 6793435313-6 Paid by Check # 102940
07/27/2023 08/09/2023 08/09/2023 08/11/2023 692.10
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $692.10 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056016
071423
Resev Rd & Seacrest
Ave-Next to Fire Hyd
Paid by Check
# 102928
07/14/2023 07/25/2023 07/25/2023 08/11/2023 36.77
10349 - Marina Coast Water District 000056021
071423
Reservation Rd/By 290-
308 Reservation
Paid by Check
# 102928
07/14/2023 07/25/2023 07/25/2023 08/11/2023 36.77
10349 - Marina Coast Water District 000056040
072023
Hilo Ave Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 28.34
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 3 $101.88 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 559.60
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $559.60 Account 6400.733 - Material & Suppl Signs
10108 - Capitol Barricade, Inc. 155455 Clear Reflective Paid by Check # 102916
07/26/2023 07/25/2023 07/25/2023 08/11/2023 186.27
10108 - Capitol Barricade, Inc. 155619 Black Bundy Paid by Check # 102916
07/31/2023 07/31/2023 07/31/2023 08/11/2023 493.17
Account 6400.733 - Material & Suppl Signs Totals Invoice Transactions 2 $679.44 Account 6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra 9696351
072923
Corp Yard Paid by Check
# 102943
07/29/2023 07/31/2023 07/31/2023 08/11/2023 131.40
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $131.40 Account 6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction 2105163 Granitepatch Paid by Check # 102923
07/22/2023 07/25/2023 07/25/2023 08/11/2023 1,652.82
Account 6400.750 - Material & Suppl Street Material (non-capitalize) Totals Invoice Transactions 1 $1,652.82 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 9 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
63 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.780 - Material & Suppl Traffic Signal
11515 - Nor Cal Signal Supply - Ellen
Lynnette Poole
1242-1 Signals Paid by Check
# 102937
07/26/2023 07/25/2023 07/25/2023 08/11/2023 393.30
Account 6400.780 - Material & Suppl Traffic Signal Totals Invoice Transactions 1 $393.30 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $4,789.49 Division 000 - Non-Div Totals Invoice Transactions 11 $4,789.49 Department 000 - Non-Dept Totals Invoice Transactions 11 $4,789.49 Fund 220 - Gas Tax Totals Invoice Transactions 11 $4,789.49 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 10 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
64 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 225 - National Park Service
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
13-000328
033118
4th Ave Dy Dr Paid by Check
# 102931
03/31/2018 08/08/2023 06/30/2023 08/11/2023 138.00
10432 - Monterey One Water - former
MRWPCA
13-000183
073123
4th Ave Dy Dr Paid by Check
# 102931
07/31/2023 08/08/2023 08/08/2023 08/11/2023 333.00
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 2 $471.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $471.00 Division 000 - Non-Div Totals Invoice Transactions 2 $471.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $471.00 Fund 225 - National Park Service Totals Invoice Transactions 2 $471.00 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 11 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
65 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 232 - Seabreeze AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 143325 Landscape
Maintenance August
2023
Paid by Check
# 102936
07/31/2023 08/08/2023 08/08/2023 08/11/2023 218.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $218.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $218.00 Division 000 - Non-Div Totals Invoice Transactions 1 $218.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $218.00 Fund 232 - Seabreeze AD Totals Invoice Transactions 1 $218.00 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 12 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
66 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 233 - Monterey Bay Estates AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 143325 Landscape
Maintenance August
2023
Paid by Check
# 102936
07/31/2023 08/08/2023 08/08/2023 08/11/2023 468.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $468.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 2023 313-6 PG&E 6793435313-6 Paid by Check # 102940
07/27/2023 08/09/2023 08/09/2023 08/11/2023 10.05
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.05 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $478.05 Division 000 - Non-Div Totals Invoice Transactions 2 $478.05 Department 000 - Non-Dept Totals Invoice Transactions 2 $478.05 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 2 $478.05 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 13 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
67 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 143325 Landscape
Maintenance August
2023
Paid by Check
# 102936
07/31/2023 08/08/2023 08/08/2023 08/11/2023 530.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $530.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric July 2023 313-6 PG&E 6793435313-6 Paid by Check # 102940
07/27/2023 08/09/2023 08/09/2023 08/11/2023 9.85
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9.85 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $539.85 Division 000 - Non-Div Totals Invoice Transactions 2 $539.85 Department 000 - Non-Dept Totals Invoice Transactions 2 $539.85 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 2 $539.85 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 14 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
68 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 251 - CFD - Locke Paddon
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 143325 Landscape
Maintenance August
2023
Paid by Check
# 102936
07/31/2023 08/08/2023 08/08/2023 08/11/2023 249.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $249.00 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 012016000
072023
199 A Paddon Place Paid by Check
# 102928
07/20/2023 07/31/2023 07/31/2023 08/11/2023 38.22
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $38.22 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $287.22 Division 000 - Non-Div Totals Invoice Transactions 2 $287.22 Department 000 - Non-Dept Totals Invoice Transactions 2 $287.22 Fund 251 - CFD - Locke Paddon Totals Invoice Transactions 2 $287.22 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 15 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
69 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 460 - Airport Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6700.105 - Capital Outlay Construction
11680 - Color New Co. - Louie Loizu 5 Airport Building B533 Exterior Improvements
Paid by Check
# 102920
07/26/2023 07/28/2023 06/30/2023 08/11/2023 24,879.35
Account 6700.105 - Capital Outlay Construction Totals Invoice Transactions 1 $24,879.35 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $24,879.35 Division 000 - Non-Div Totals Invoice Transactions 1 $24,879.35 Department 000 - Non-Dept Totals Invoice Transactions 1 $24,879.35 Fund 460 - Airport Capital Projects Totals Invoice Transactions 1 $24,879.35 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 16 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
70 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10316 - Kimley-Horn & Associates 25254554 2021 Dev Impact Fee Paid by Check # 102927
06/30/2023 08/01/2023 06/30/2023 08/11/2023 22,562.50
11285 - Junk King Monterey Bay JK2863244 Water City/Pool Clean out
Paid by Check
# 102926
07/29/2023 07/25/2023 07/25/2023 08/11/2023 8,549.00
11884 - National Construction Rentals, Inc. 7044369 6 ft Temp Panels Fort Ord Morgue
Paid by Check
# 102934
06/19/2023 08/08/2023 06/30/2023 08/11/2023 338.64
11199 - Wald, Ruhnke & Dost Architects,
LLP
2301404 FY 22/23 Equestrian
Center
Paid by Check
# 102945
06/30/2023 08/02/2023 06/30/2023 08/11/2023 4,581.37
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 4 $36,031.51 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $36,031.51 Division 000 - Non-Div Totals Invoice Transactions 4 $36,031.51 Department 000 - Non-Dept Totals Invoice Transactions 4 $36,031.51 Fund 462 - City Capital Projects Totals Invoice Transactions 4 $36,031.51 Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 17 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
71 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.025 - Prof Svc Airport Master Plan
10150 - Coffman Associates 19GS04-16 Marina Pen & Ink ALP Update Airport
Paid by Check
# 102918
07/31/2023 08/07/2023 08/07/2023 08/11/2023 3,738.00
Account 6300.025 - Prof Svc Airport Master Plan Totals Invoice Transactions 1 $3,738.00 Account 6300.285 - Prof Svc Hazardous Mat Service
10377 - Monterey Bay Air Resources
District - MBUAPCD
1921-073123 Annual Renewal Notice
for Fuel
Paid by Check
# 102929
07/31/2023 09/29/2023 08/02/2023 08/11/2023 982.00
Account 6300.285 - Prof Svc Hazardous Mat Service Totals Invoice Transactions 1 $982.00 Account 6360.440 - Maint & Repairs Landscape General
10527 - Safety-Kleen Corp. 92404479 55g Drum drop off and recovery fee
Paid by Check
# 102942
07/28/2023 08/27/2023 08/09/2023 08/11/2023 281.48
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $281.48 Account 6360.450 - Maint & Repairs Maint & Repairs
10728 - Ace Hardware-Public Works 86068 Airport Flag Paid by Check # 102910
08/09/2023 08/09/2023 08/09/2023 08/11/2023 21.84
Account 6360.450 - Maint & Repairs Maint & Repairs Totals Invoice Transactions 1 $21.84 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20293115 Fire Alarms Bldgs 524
& 533 (9391023443)
Paid by Check
# 102912
07/28/2023 09/05/2023 08/02/2023 08/11/2023 52.30
10758 - AT & T CALNET3 20293116 Fire Alarms Bldgs 524
& 533 (9391023444)
Paid by Check
# 102912
07/28/2023 09/05/2023 08/02/2023 08/11/2023 52.30
10758 - AT & T CALNET3 20293121 AWOS-Auto Weather
Station (9391023449)
Paid by Check
# 102912
08/02/2023 08/02/2023 08/02/2023 08/11/2023 28.89
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $133.49 Account 6380.300 - Utilities Gas & Electric
10603 - Verizon Wireless 9939976677 Verizon Wireless July 2023 (972476364-
0001)
Paid by EFT #
3609
07/18/2023 07/31/2023 07/31/2023 08/11/2023 24.59
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $24.59 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District July 56 043 761 Neeson Rd Paid by Check # 102928
07/31/2023 08/09/2023 08/09/2023 08/11/2023 190.74
10349 - Marina Coast Water District July 56 044 781 Neeson Rd Paid by Check # 102928
07/31/2023 08/09/2023 08/09/2023 08/11/2023 161.34
10349 - Marina Coast Water District July 56 051 721 Neeson Rd Paid by Check # 102928
07/31/2023 08/09/2023 08/09/2023 08/11/2023 281.84
10349 - Marina Coast Water District July 56 092 741 Neeson Rd Paid by Check # 102928
07/31/2023 08/15/2023 08/09/2023 08/11/2023 1,272.41
10349 - Marina Coast Water District July 56 096 3271 Imjin Rd Paid by Check # 102928
07/31/2023 08/15/2023 08/09/2023 08/11/2023 116.71
Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 18 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
72 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District July 56 097 3200 Imjin Rd Paid by Check # 102928
07/31/2023 08/15/2023 08/09/2023 08/11/2023 523.48
10432 - Monterey One Water - former
MRWPCA
13-000152
073123
741 Neeson Rd 527 Paid by Check
# 102931
07/31/2023 08/24/2023 08/09/2023 08/11/2023 33.40
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 7 $2,579.92 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
24293A-IN City Fuel
Enthanol/Diesel
Paid by Check
# 102930
07/21/2023 08/02/2023 08/02/2023 08/11/2023 186.01
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $186.01 Account 6400.231 - Material & Suppl Fuel - Aviation 100LL 10227 - Epic Aviation 7726933 AVGAS 100LL Paid by Check # 102921
08/04/2023 08/07/2023 08/07/2023 08/11/2023 40,403.90
Account 6400.231 - Material & Suppl Fuel - Aviation 100LL Totals Invoice Transactions 1 $40,403.90 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 17 $48,351.23 Division 000 - Non-Div Totals Invoice Transactions 17 $48,351.23 Department 000 - Non-Dept Totals Invoice Transactions 17 $48,351.23 Fund 555 - Marina Airport Totals Invoice Transactions 17 $48,351.23 Grand Totals Invoice Transactions 108 $195,259.38
Run by Melanie Hernandez on 08/10/2023 01:38:40 PM Page 19 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 08/11/23 - 08/11/23
73 Agenda Item: 10b(1)
City Council Meeting of
August 15, 2023
MINUTES
Tuesday, July 18, 2023 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
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
TELECONFERENCE LOCATION: 1
Lowes Coronado Bay Resort
4000 Coronado Bay Road
Coronado, CA 92118
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on y our telephone keypad if joining by pho ne only.
The most effective method of communicatio n with the City Council is by sending an emai l to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments receive d will become part of the record.
Council will have the option to modify their action on items based on comments received. 1 Note: Pursuant to Governm ent Code Section 54953(b), this meeting wi ll include teleconference participation by Mayor Pro Tem Cristina Medina Dirk sen from the address above. This Notice and Agenda will be posted at the teleconference location.
1. CALL TO ORDER
1 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 2
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Coun cil, Airport Commissioners, Marina A brams B Non -Profit Corporation, Pr eston Pa rk Sustainable Communities Nonprofit Corporation, Successor A gency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Liesbeth Visscher , Brian McCarthy, Kathy Biala , Mayor Pro-Tem/Vice Chair Cristina Medina Dirks en (Remote), Mayor/Chair Bruce C.
Delgado
3. PUBLIC COMMENT ON CLOSED SESSION: None
4. CLOSED SESSION:
a. Conference with Labor Negotiators (§54957.6)
Employee organizations:
i. Marina Employee Association-UWUA
ii. Marina Professional Fire Fighters Association
iii. Marina Public Safety Management Employees Association iv. Marina Public Safety Managers Association
v. Marina Middle Manager Association
vi. Directors
i. Assistant City Manager
ii. Community Development Director
iii. Finance Director
iv. Fire Chief
v. Police Chief
vi. Public Works Director
vii. Recreation & Cultural Services Director
City Negotiators: Layne P. Long, City Manager and Employee Relations Officer b. Performance Evalu ation of Publ ic Employee , (Govt. Code Se ction 54957(b)(1) – City Manager
6:45 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Council Met in closed session with the two items listed. The council received information, gave direction, no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Junior Giants Day Proclamation
b. Lenore Masterson Proclamation
c. Blue Zone Presentation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Mayor Pro Tem Medina Dirksen – Announced the celebration of life for Leno re Masterson on July 22, 2023, at the American Legion Post 694 at 11:00 AM Council Member V isscher – Announced Marina Police Department will be hosting National Night Out on August 1, 2023 on Palm Avenue.
2 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 3
Mayor Delgado – Commented on Blu e Zone and all the volunteering th ey have been participating in at the parks within the City of M arina. Commented on L iter pickup along Del Monte Blvd between to Lapis Ro ad. Thanks Monterey Regional Waste Management District staff for removing the trash and recycled items.
Commander Cox – Announced Marina Police Department and staff are celebrating Rodeo week by wearing denim jeans, western boots and western hats while on duty.
Assistant City Manager Mogensen – Informed Council and the community of the new affordable housing opportunities that are coming up. U.S.A. properties is currently taking applicants for their 2 properties that they are developing right now. One is 90 units, and one is at the 40 units over in the Dunes area. Those interested can go to https://usamfm.com/communities/terracina- at-the-dunes . Second, Sea Haven is going to start having their affordable units available for sale and a website wil l be set up soon to start gathering people’s information. They will be doing at 15 each quarter for the next 2 years. For both project preferences have been set for people living in Marina, work in Marina, work for the school district or, the city or public safety employees.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the Ci ty Council’s jurisdiction that is not on t he agenda. This is the appro priate place to comment on items on the Consent Agenda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to th irty (30) minutes and/or continued to the end o f the agenda . Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the C ity Council.
Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration. • Denise Turley – Announced Central Coast Energy Services out of Watsonville is it is signing up people for a program for low-income water assistance Program and low-income Home Energy Assistance Program.
• Grace Silva -Santella – Spoke about the friendship and history she ha d with Lenore Masterson. Confirmed the date and time and location of Saturday, July 22, 2023, at 11:00am at the American Legion Post 694 for the Celebration of Life for Lenore. • Richard Larsen – Introduced himself to the council . Noted he is an unpaid advocate for swimming space and stated he had a meeting with the city manager to tour the old swimming pool in August to held come up with design ideas for possible uses.
9. CONSENT AGEN DA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Succes sor Agency of the forme r Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. P rior to such a motio n being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the C onsent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items. 3 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 4
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 102698-102788, totaling $1,860,901.64.
Successor Agency Accounts Payable Check Numbers 113-114, totaling $2,737.62. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) July 5, 2023, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 20 23-74, confirming levy of the special tax for the City of Marin a Community Facilities District No. 2015-1 (The Dunes) for Fiscal Year 2022-23 as authorized by Ordinance No. 2015- 03, and; Resolution No. 2023-75, certifying City of Marina compliance with State law (Proposition 218) with respect to a special tax for the City of Marina Community Facilities District No. 2015-1 as authorized by Ordinance No. 2015-03 for Fiscal Year 2023-24.
(2) Adopting Resolution No. 2023-76, supporting the Salinas Valley Tech Hub grant submission by the Greater Salinas Valley Advanced Air Mobility Coalition.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 2023-77, approving a Conditional Airport Use Permit for Joby Aero, In c. for use of ramp space in the aircraft operations area of the Marina Municipal Airport for aircraft flight testing activities.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Council Member Visscher recused herself from agenda item 10f(1).
Council Member McCarthy recused himself from agenda item 10g(1).
Council Member Biala made comment on agenda item 10f(2) Mayor Delgado had a question for agenda item 10g(1)
DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA WITH COUNCIL MEMBER VISSCHER RECUSING HERSELF FROM AGENDA ITEM 10f(1)
AND COUNCIL MEMBER MCCARTHY RE CUSING HIMSELF FROM AGENDA ITEM 10g(1). 5-0-0-0 Motion Passes by Roll Call Vote.
4 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 5
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10 ) minutes to speak. Al l other pers ons may be given up to three (3) minutes to speak on the matter.
12. OTHER ACTIONS ITEM S OF THE SUCCESSOR AGENCY TO T HE FORMER MARINA REDEVELOPMENT AGENCY: Action listed f or each Agen da item is that which is requested by staff. The Suc cessor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take a ction on any items. Members of the public may be given up to three (3) minutes to speak.
Note: N o additional major pro jects or programs should be u ndertaken without review o f the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023-, Resolution N o. 2 023-78 (NPC), and Resolution No. 2023-02, approving the Abrams B Housing Area Budget for FY 2023-2024
b. Adopting Resolution No. 2023-79 and Resolution No. 2023-02 (PPSC- NPC), approving the Preston Park Sustainabl e Communi ty Non-Profit Corporation Preston Park Housing Area Budget for FY 2023-24.
The City Council and the public discussed and commented on agenda items 13a and 13b at one time.
Public Comments on 13a
• Denise Turley – Asked about time limits for speaking on item 13a and 13b. Due to audio issues on speakers end further comments to be emailed to city place in Chron file. • Audra Walton – Disappointed that city staff and management did not hold any meetings with the tenant association for input on budget and asked why . Commented on rents long -term tenants pay versus recent move-in rates.
• Sarah Blake – Disappointed that city staff and management did not h old any meetings with the tenant association for input on budget and asked why. Concerned about rent raises for people who've been here for an extended period and could cause people to have to move.
Noted that carpets have not been replaced in her unit.
• Paula Pelot – Noted that in the previous year’s city staff and management met with the tenant’s association before bring ing the budget to council , disappointed that that did not happen this year. Sent Council a lengthy email outlining budget concern. Commented on the 2010 resolution and believes the 3% or CPI is fair. Commented on the rising rents throughout the county.
• Tommy Bolea – Asked if the money for the gar age door ope ners was co ming our of the city’s budget or Abrams and Preston Parks budget. A sked if there’s demographics of this of these 2 parks? Do you have statistics on race income? Asked is city considered selling some of the parcels to senior or veterans.
• Daniel – Commented on the maintenance and replacement of appliances for tenants having been here for over a decade. Commented on persons being displaced if rents increase.
5 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 6
Public Comments on 13b
• Paula Pelot – Commented on parking issue s and setting aside mon ies for parking exp ansion.
Spoke about doing a survey of Preston Park to see how many garages were being used for something other than parking. Spoke about the term “subsidizing” of long-term residents and paying down the loan on Preston Park and the Bond for Abrams Park. • James Frazier – Noted that things are do ne without consulting the tenants. Needs to be more communication between management and residents. Asked if Greystar’s budgets are independently audited in a w ay that this that the city can make sure that they're getting the true numbers.
• Audra Walton – Noted when first mov ed in that residents would have option to rent -to-own and asked what happened to that plan. Asked that Council think about the si ngle parents, seniors, retired people on fixed incomes when raising rents. • Denise Turley – Spoke about how and why the Ten ants Assoc iation was formed .
Commented on staff not meeting with the Association on this years budget process and asked was there a change in the process. A sked if the city can ev ict a tenant because they have been there too long? Asked about BMR units and also asked if the units being renovated were now luxury units or BMR.
The City Council held discussion and had questions on Rent Cap in crease, long -term maintenance plan, sol ar lighting and dark s ky project, tenant ap proval on certain unit improvements, why city has rental property in it s portfolio, AMI percentage, communication to tenants and customer survey on maintenance work order his tory, landscaping budget, auto matic garage door openers associated with parking issues, past debts on budget due to covid.
DELGADO/BIALA: THAT HAVING HEARD FROM THE PUBLIC AND STAFF THAT
WE ADOPT THE RESOLUTIONS BEFORE US FOR BOTH ABRAMS AND PRESTON AND W E AUTHORIZE ONE OUR FINANCE DIRECTOR TO MAKE. THE APPROPRIATE, BUDGET AND ACCOUNTI NG ENTRIES. THAT WE HALT THE
LIGHTING PROJECT UNTIL WHICH TIME WE CAN HAVE A DISCUSSION WITH THE STAFF TO SEE IF IT'S A DARK SKY COMPLIANT. 5-0-0-0 Motion Passes by Roll Call Vote
9:55 PM
Staff suggested and Council agreed that due to the time, that agenda item 13c should be discussed at another date.
c. Adopting Resolution No. 2023-, receiving a staff presentation of the proposed FY 2023-2024 and FY 2024 -2025 Capital Improvemen t Program (CIP) and Airport Capital Improvement Program (ACIP) budget; and providing direction towards the CIP and ACIP budget adoptions. Continued to Special Meeting of July 25, 2023
DELGADO/MCCARTHY: TO CONTINUE THE CIP TO JULY 25, 202 3 STARTING AT 6:00 PM. 5-0-0-0 Motion Passes by Roll Call Vote
6 Agenda for City Council Meeting of Tuesday, July 18, 2023 Page 7
d. Approving the appointment of two Coun cil Members to serve as the City’s Voting Delegate and Voting Delegate Alternate at the Annu al League of California Cities Conference.
DELGADO/VISSCHER: TO APPOINT COUNCIL ME MBER BRIAN MCCARTHY AS
THE VOTING DELEGA TE AND MAYOR PRO TEM CRISTINA MEDINA DIRKS EN
AS THE ALTE RNATE FOR THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE. 5-0-0-0 Motion Passes by Roll Call Vote
e. Discussion regarding a One Million ($1,000,000.00) grant for Marina Senior Center.
Council suggestions: Purchase new space or make modifications to our community center that can be used more effectively by seniors , use money to plan a future city hall and civic center , leveraging money to help secure additional grants and survey seniors, use money to do upgrades to civic center restroom and kitchen, have recreation director seek input from seniors and then come back for a public meeting.
DELGADO/VISSCHER: THAT WE ASK OUR RECREATION CULTURAL SE RVICE DIRECTOR TO GO TO THE SENIORS AND SEE WHAT THEY WANNA DO. WITH THAT 1 MILLION DOLLARS AND PROVIDE A LIST OF OPTIONS WE'VE TALKED
ABOUT TONIGHT AND ANY OTHERS THAT STAFF COMES UP WITH AT LEA ST
YOU'VE HEARD FROM COUNCIL A SHORT BRAINSTORM LIST, TO ALSO INCLUDE PEOPLE THAT ARE LIKELY TO BE SENIORS WITHIN 10 YEARS. 5-0-0-0 Motion Passes by Roll Call Vote
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences att ended (Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 10:15 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor
7 Agenda Item: 10b(2)
City Council Meeting of
August 15, 2023
MINUTES
Tuesday, July 25, 2023 6:00 P.M. Open Session
SPECIAL 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
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the Cit y’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on y our telephone keypad if joining by phone only.
The most effective method of communicatio n with the City Council is by sending an emai l to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments receive d will become part of the record.
Council will have the option to modify their action on items based on comments received.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Coun cil, Airport Commissioners, Marina A brams B Non -Profit Corporation, Pr eston Pa rk Sustainable Communities Nonprofit Corporation, Successor A gency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRESENT: Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro-Tem/Vice Chair Cristina Medina Dirks en (Remote), Mayor/Chair Bruce C.
Delgado
3. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) 1 MINUTES for City Council Meeting of Tuesday, July 25, 2023 Page 2
4. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take a ction on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major pro jects or programs should be undertaken without review o f the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No . 2023 -80, receiving a staff present ation of the proposed FY 2023-2024 and FY 2024 -2025 Capital Improvement Pro gram (CIP) and Airport Capital Improvement Program (ACIP) budget; and providing direction towards the CIP and ACIP budget adoptions.
The council received and discussed the presentat ion on the FY 2023-2024 and FY 2024 -2025 Capital Improvement Program (CIP) and Airport Capital Improvement Program (ACIP) budget.
Public Comments:
• Doug Yount – Spoke about the Dunes project key milestones that are important to Marina’s CIP project that w ill take place within the 2 -year budget cycle . Commented on the Art District area and the demolition of the dilapidated buildings there. Spoke about P hase 1-B promenade completion of construction of the commercial buildings including the grocer is anticipated to be completed by mid-May 2024, with a residential model opening about a month later.
• Lisa – Commented about the Los Arboles deck and stated that even though the deck is gated off children continue to go up there and jump on the loose boards. It’s dangerous and should be taken care of right away.
• Mike M. – Commented on the repainting of pickleball cou rts, replacing playground equipment and the condition of the Los Arboles Sports Complex deck. Spoke about Glorya Jean Tate Park and the pump track. Suggested doing one large ballfiel d with artificial turf, like Seaside.
• Tommy Bolea – Bid dreams for such a small city and with limited funds. Stated if there was a need for 2 ball fields at Pres ton Park then the money should co me out of the Preston Park budget and not the General Fu nd. Commented on the LED lighting throughout the city.
Suggested purchasing the property at 3056 Del Monte to use as new city facility.
DELGADO/VISSCHER: THAT WE ADOPT RESOLUTION NO. 2023 -, RECEIVING A STAFF PRESENTATION OF THE PROPOSED FY 2023 -2024 AND FY 2024 -2025
CAPITAL IMPROVEMENT PROGRAM (CIP) AND AIRPORT CAPITAL
IMPROVEMENT PROGRAM (ACIP) BUDGET; AND DIRECT STAFF TO:
1. LOOK INTO THE HISTORY OF REIMBURSEMENT OF THE STREET
LIGHTS, DAMAGE CLAIMS SO THAT WE CAN UNDERSTAND TH AT
BETTER
2. EXPEDITE THE FAILED WOOD DECK AT LOS ARBOLES SPORTS
COMPLEX,
3. LOOK AT SOME TIER 3 PROJECTS AND WE LOOK AT THE 1 MILLION
DOLLARS WE'VE BEEN GRANTED BY THE STATE FOR T HE SENIOR CENTER TO GO TOWARD THE. $500,000 AT THE COMMUNITY CENTER.
4. THAT WE ASK STAFF TO FIND MONEY FOR THE, TH E TEAM CENTER IMPROVEMENTS. AND THE REC TRAIL THAT WE JUST TALKED ABOUT. 2 MINUTES for City Council Meeting of Tuesday, July 25, 2023 Page 3
5. PRIORITIZE 1 TO 2 NEW BASEBALL SPORTS FIELDS AT PRESTON PARK
OVER THE DUNES PARK BASEBALL FIELD
6. TO USE THE 1.7 MILLION DOLLARS THAT WE'RE EXPECTING FROM THE
DEVELOPER OF SEA HAVEN ON THE SALINAS AVENUE WIDENING
PROJECT PLANS (SEAHAVEN TO SHARE THE PLANNING EXPENSES).
7. CONSIDER REQUESTING FUNDS FROM TAMC IN THE LEAS E MONIES
FROM THE HAND CAR OPERATIONS AND PUTTING THAT TO THE REC
TRAIL MAINTENANCE
8. THAT WE ALLOCATE THE MONEY FOR BODY AND CAR CAMS BUT
STAFF TO COME BACK TO COUNCIL REGARDING OBJECTIVES OF THE
CAMERAS, THE TECHNOLOGY BEING USED IF THERE'S HIGHER OR
LOWER COST ALTERNATIVES AND IF THERE'S ANY KIND OF
ECONOMIES OF SCALE WE CAN GET FROM THE SAME VENDOR, THESE CAMERAS AND SOME OTHER SERVICES.
5. ADJOURNMENT: The meeting adjourned at 10:35 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor
3 Agenda Item: 10c(1)
August 15, 2023
1 2
3 Agenda Item: 10c(2)
August 15, 2023
1 2
3 Agenda Item: 10c(3)
August 15, 2023
1 2
3 August 1, 2023 Item No. 10f(1)
Honorable Mayor and Members of the Marina City Council Meeting City Council of August 15, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 3-,
AUTHORIZING THE CITY TO SUBMIT AN APPLICATION T O T HE
CALIFORNIA COASTAL COMMISSION FOR A NON -COMPETITIVE GRANT FOR A COMPREHENSIVE UPDATE TO THE CITY’S 1982 LOCAL COASTAL PROGRAM (LCP).
RECOMMENDATION:
It is requested that the City Council consider:
1. Adopting Resolution No. 2023 -, authorizing staff to submit a non-competitive grant application to the California Coastal Commission in the amount of $500,000 .00 to comprehensively update the City’s 1982 Local Coastal Program (LCP).
BACKGROUND:
In 2017, the City applied for a grant through the California Coastal Commission ’s (CCC) non - competitive grant program in the amount of $300,000 with a City match of $75,000. The CCC awarded the City $85,685 (LCP-17-04) for a comprehensive update to the City ’s 1982 LCP. The focus of thi s activity was to address standard coastal resource issues and develop goals and policies to protect and enhance these assets, but included the additional goal of analyzing the future of the CEMEX site and determining what the new zoning and land use designation s should be considering th e closure of the sand mine and cessation of oper ations under the CCC ’s enforcement order. Many tasks were completed under this effort, including the City Council’s amendment of the land use and zoning of the CEMEX site, but these amendments, and others, were never submitted to the CCC for certification. Due to budget shortfalls and the onset of the Covid-19 pandemic, this work ended in January 2020.
In 2022, the City was awarded another CCC grant (LCP-22-03) in the amount of $100,000 to complete only the c oastal hazards and SLR p ortion of the p revious work. This amendment updates the work completed in early 2020. The first draft of the Land Use Plan (LUP) and Implementation (IP) have been submitted to CCC staff for preliminary review. These drafts will be released to the public and scheduled for Planning Commission and City Council meetings in the very near term. This effort is not comprehensive in nature and does not include any property rezone or land use designation amendments.
Once approved by the City and certified by the CCC, these policies and standards will be enveloped into the new comprehensive update and used to help guide goals and standards for proposed changes.
ANALYSIS:
The City ’s current 1982 LCP (amended through 2013) consists of the Land Use Plan (LUP) and the Implementation Plan (IP). The LUP is the general plan for the Coastal zone and the IP is the development standards for the Coastal zone, similar to Title 17 – Zoning Code, in the City ’s Municipal Code. These documents still include underline and strikethrough from a variety of past amendments that were certified by the Coastal Commission and never finalized within the City’s LUP/IP documents. One of the tasks will be to reformat our IP/LUP to incorpor ate these certified amendments while considering whether they are up to date with current laws and practices. If not, they will become part of the proposed new amendment package. Additionally, several specific properties will be analyzed for po tential rezone and/or land use change and the policies and standards in the coastal hazards and SLR amendment in process now will be incorporated into other policies as needed. The focus will be to ensure that the City’s LCP is modern and current in terms of the State ’s g oals for resiliency in the face of climate change while protecting and enhancing coastal resources where feasible.
1 In the event that the grant is not awarded or is awarded for a substantially lesser amount, staff will reconsider the approach and return to the Council with an alternative funding proposal to complete the work. The consultants chosen for this eff ort are EMC Planning Group, Inc. (EMC) as project ma nager and Integral Consulting as a technical expert subordinate under EMC . These firms have been selected because of their respective long-term relationships with the City of Marina and knowledge of the City and its coastal resources. If awarded, our existing contract with EMC will be amended accordingly.
FISCAL IMPACT:
If awarded, the grant funding will cover all consultant work and a small amount of City staff work on the comprehensive amendment.
ENVIRONMENTAL REVIEW:
The proposed amendments are not subject to California Environmental Quality Act (CEQA) pursuant to the Stat e CEQA Guidelines, California Code of Regulations, Title 14, Sections 15250, 15251(f), and 21080.9 for projects involving the preparation, approval, certification of and amendments to local coastal programs as provided in Sections 30500 through 30522 of the Public Resources Code.
CONCLUSION:
This request is submitted for City Council consideration and comment.
Respectfully submitted,
Alyson Hunter, AICP
Planning Services Manager, Community Development Dept.
City of Marina
REVIEWED/CONCUR:
_____________________________
Guido F. Persicone, AICP
Director, Community Development Dept.
City of Marina
Layne Long
City Manager
City of Marina
Exhibit A – Draft Grant Application
Exhibit B - EMC's Scope of Work and Budget
2 RESOLUTION NO. 2023-
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 3-,
AUTHORIZING THE CITY TO SUBMIT AN APPLICATION TO THE
CALIFORNIA COASTAL COMMISSION FOR A NON -COMPETITIVE GRANT FOR A COMPREHENSIVE UPDATE TO THE CITY’S 1982 LOCAL COASTAL PROGRAM (LCP).
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and
WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, the City of Marina has a certified LCP; and
WHEREAS, the City of Marina desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP in the whole; and
WHEREAS, the City of Marina commits to and agrees to fully support a planning effort intended to amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina hereby:
1. Directs Marina staff to submit the grant application package attached hereto as Exhibit A to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $478,215.00 to fund the project more particularly described in the grant application package.
2. Authorizes the City Manager, of the City of Marina, to execute, in the name of the City of Marina, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
3 Resolution No. 2023-
Page Two
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of August 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
_________________________________
Anita Sharp, Deputy City Clerk
4 STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
1 CALIFORNIA COASTAL COMMISSION
LCP LOCAL ASSISTANCE GRANT PROGRAM
NON-COMPETITIVE GRANT APPLICATION FORM
The California Coastal Commission is pleased to announce the availability of rolling grant funding to support local government coastal resiliency efforts. Funding is provided by the Budget Act of 2021, which appropriates $31 million to the Coastal Commission to support its LCP Local Assistance Grant Program. The grant program is intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs. Funds may be used for projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component.
As part of the recently adopted grant program updates, the Coastal Commission developed a non-competitive, rolling application process that is separate from the Commission’s competitive grant rounds . This rolling application process is designed for targeted projects up to $500,000 which have a high likelihood of success over a shorter grant term, such as a single feasibility study with targeted LCP changes. The application form and additional details are provided below. More information on eligible grantees and projects, program priorities, and evaluation criteria can be found in the recently adopted LCP Grant Program Updates.
Coastal Commission staff is available to assist during the application process. Applicants are encouraged to reach out to the LCP Grant team with any questions as they develop their applications. Contact information is provided below.
Contents
APPLICATION FORM ...................................................................................................................................... 2 APPLICATION MATERIALS ............................................................................................................................. 3 SUBMISSION INSTRUCTIONS....................................................................................................................... 10 CONTACT INFORMATION ............................................................................................................................ 10 Attachment A: Sample Resolution .............................................................................................................. 13 Attachment B: Application Checklist .......................................................................................................... 15 Attachment C: Program Priorities and Evaluation Criteria ......................................................................... 16
EXHIBIT A
5 2
APPLICATION FORM
APPLICANT INFORMATION
Applicant name (agency): City of Marina
Address: 211 Hillcrest Ave., Marina, CA 93933
Primary Contact name: Alyson Hunter Title: Planning Services Manager Telephone: 831-884-1251 Fax: 831-384-0425
Email: [email protected]
Federal Tax ID#: 94-2321991
Person authorized to sign grant agreement, amendments, and Request for Funds:
Name: Layne Long Title: City Manager
Telephone: 831-884-1281 (Dep. City Clerk) Email: [email protected]
PROJECT INFORMATION
Project Title: City of Marina LCP Update
LCP/LCP Segment: Comprehensive Update to the City’s 1982 LCP Project Location
City/Geographic area: Marina, Monterey Bay
County: Monterey
Project Timeline
Start date: October 2, 2023 End date: October 5, 2025
Signature: Date: _______________
EXHIBIT A
6 3
APPLICATION MATERIALS
A complete grant application package will consist of the following materials. Please note the entire grant application will be public record upon submittal.
1. Signed Application Form. The signed application form (page 2, above), including the agency, primary contact, person authorized to sign, and project information.
2. Project Description. Provide a clear description of the proposed project, including how the project will meet program priorities and fulfill the evaluation criteria (see Attachment C).
Describe the goals and objectives to be achieved as well as key deliverables and LCP planning components (including specifying whether proposed work will include updates on the Land Use Plan, Implementation Plan/Zoning Code, and/or a Public Works Plan). Note that public outreach and coordination with Coastal Commission staff are required components of these grants. The Project Description section should be no more than 2 pages in 12 point font, single-spaced.
Please note that the non-competitive grant program is intended for more targeted projects which have a high likelihood of success over a shorter grant term, such as a single feasibility study with targeted LCP changes. Comprehensive LCP updates or projects that include development of multiple studies and significant LCP changes will likely be more appropriate for the competitive grant rounds.
3. Task Descriptions and Schedule. Provide a description of the tasks that will accomplish your project goals and objectives (see Section (a.) below) and complete a proposed schedule, including anticipated benchmarks, for implementation of each task (see Section (b.) below). a. Task Descriptions: Identify specific tasks and subtasks to be accomplished and provide a narrative description of each task and subtask, including the approach needed to accomplish the task and the roles of partners and stakeholders. Task descriptions should briefly state how they support the overall project goals.
Proposed deliverables for each task should be described as well, such as draft and final sea level rise vulnerability assessments and adaptation reports, and draft, revised draft, and submittals of Land Use Plans, Implementation Plan, and/or Public Works Plans. Note that tasks (and the schedule, below) should account for review of major deliverables by Coastal Commission staff and members of the public prior to finalization.
Please describe how the project applicant will conduct outreach to engage stakeholders in the planning process, particularly those from disadvantaged and low- income communities, as well as California Native American Tribes, and how these stakeholders will be involved in the planning or assessment process. If your project includes partners, please identify their roles and responsibilities.
EXHIBIT A
7 4
b. Schedule: Complete the schedule template below for each task and subtask. Please specify dates for the submittal of interim drafts as well as final deliverables as applicable (e.g., Draft Vulnerability Assessment and Final Vulnerability Assessment).
Staff anticipates that these targeted grants will support projects that can be accomplished in approximately two years, though longer project terms will be considered.
Proposed Start/End Dates:
Task 1. Project Administration Projected start/end dates:
1.1 Project Administration Projected start/end dates: 10/02/23 – 10/05/25
1.2 Meeting Preparation (includes
meetings with City and Coastal staff,
and key stakeholders)
Projected start/end dates: 10/02/23 –
10/05/25
Outcome/Deliverables:
a. Invoices, Progress Memos
b. Agendas, Minutes
a. Completion date – 10/05/25
b. Completion date – 10/05/25
Task 2. Stakeholder ID+Outreach Prog. Projected start/end dates: 10/12/23- 6/05/24
2.1 Project Kick-Off Meeting with
Coastal staff Projected start/end dates: 10/12/23
2.2 Gathering Stakeholder information Projected start/end dates: 10/23/23- 12/08/23
2.3 Preparing a Public Outreach
Program
Projected start/end dates: 12/13/23-
4/12/24
2.4 Create Outreach Materials Projected start/end dates: 4/15/24-5/17/24
2.5 Community Workshop Projected start/end dates: 6/05/24 Outcome/Deliverables:
a. Agendas and Minutes for up to
four (4) coordination mtgs, incl.
kick-off, with Coastal staff
b. Prepare list and contacts for
stakeholders to use in outreach
and noticing
c. Outreach Program
d. Create web page, social media
platforms, newsletter template,
web-based community
questionnaire
e. Meeting materials, handouts,
agenda, meeting summary
a. Completion date – 10/12/23
b. Completion date – 12/08/23
c. Completion date – 4/12/24
d. Completion date – 5/17/24
e. Completion date – 6/05/24
Task 3. Comprehensive LCP Clean-Up Projected start/end dates: 2/02/24- 1/20/25
EXHIBIT A
8 5
3.1 Consolidate previously approved
and/or certified track-changes versions
into a “final” draft
3.2 Address coastal resiliency needs in
previous amendments and update as
necessary in draft IP/LUP
Projected start/end dates: 2/02/24-5/17/24
Projected start/end dates: 2/02/24-5/17/24
Outcome/Deliverables:
a. Admin. draft LCP update
b. 2nd Draft for Coastal staff review
a. Completion date – 10/18/24
b. Completion date – 1/10/25
Task 4. Site Rezoning/LCP IP/LUP Projected start/end dates:
4.1 Analyze sites for potential zoning
and land use amendments
Projected start/end dates: 12/02/24-
4/29/25
Outcome/Deliverables:
a. Admin. draft LCP update
b. 2nd Draft for Coastal staff review
a. Completion date – 2/29/25
b. Completion date – 4/29/25
Task 5. Mapping Update Projected start/end dates:
5.1 Prepare GIS maps for zoning, land
use, and additional maps as needed to
modernize the LCP
Projected start/end dates:12/02/24-4/29/25
Outcome/Deliverables:
a. Digital maps to replace existing
hand-drawn maps for the
document
b. Create GIS layers for Marina’s
ownership and use
a. Completion date – 4/29/25
b. Completion date – 4/29/25
Task 6. Monterey Bay Opportunistic
Beach Nourishment Prog. (MBOBNP)
Projected start/end dates:
Task 6.1 Integration of the City of
Monterey’s OBNP policies into the LCP
update as applicable
Projected start/end dates: 12/13/23-
4/12/24
Task 6.2 Review the City of Monterey’s
adopted OBNP MND for adequacy
Projected start/end dates: 12/13/23-
4/12/24
Outcome/Deliverables:
a. Policy language encouraging a
long-term plan for the
membership and use of the
MBOBNP as a method for
nature-based adaptation.
a. Completion date – 4/12/24
EXHIBIT A
9 6
Task 7. Objective Design Standards
Projected start/end dates:
Task 7.1 Integrate City’s ODS into draft
IP
Projected start/end dates: 12/13/23-
4/12/24
Outcome/Deliverables:
a. ODS incorporated into draft IP
a. Completion date – 4/12/24
Task 8. Housing ordinance updates
(Optional)
12/13/23-4/12/24
Task 9. Additional policy areas ID’d by
Coastal staff or stakeholders during the
amendment process. (Optional)
4/12/24-6/21/24
Task 10. Prepare LCP Amendment
Submittal
Projected start/end dates:
Task 11.1. Synthesis of previous tasks
into an Admin. draft for City staff
review
Projected start/end dates: 7/01/24-
10/25/24
Task 11.2. Prepare “final” draft for
Coastal staff review
Projected start/end dates: 11/15/24-
12/20/24
Task 11.3. Prepare public draft Projected start/end dates: 2/17/25-3/28/25 Task 11.4. Staff Report, Resolution,
Ordinance, and Findings Projected start/end dates: 3/28/25-5/30/25 Task 11.5. Attend Public Hearings Projected start/end dates: 5/30/25-8/29/25 Outcome/Deliverables:
a. Prepare 3 drafts as ID’d in Tasks
above
b. Assist City staff with prep of
PC/CC staff reports, findings,
resolutions, ordinances as
needed
c. Attend two (2) PC and two (2)
Council meetings
d. Prepare the “final” draft for
submittal to Coastal Commission
e. Prepare for and attend Coastal
Commission hearing
a. Completion date – 10/25/24
b. Completion date – 5/30/25
c. Completion date – 8/29/25
d. Completion date – 10/05/25
e. Completion date – on Coastal
Commission agenda schedule
EXHIBIT A
10 7
c. Benchmark Schedule: Please list (1) all significant and pertinent project benchmarks related to the project for which funds are being requested, (2) expected dates for reaching or completing those steps. These dates will be used in monitoring grant progress and in grant reporting under approved grant agreements.
ACTIVITY COMPLETION DATE
T.1 Project Administration Throughout
T.2 Stakeholder ID and Outreach Program 5/17/24
T.2.a Public Workshop 6/05/24
T.3 Comprehensive LCP Clean-Up 1/20/25
T.4 Site Rezoning (new IP/LUP) 4/29/24
T.5 Mapping Update (GIS) 4/29/24 (this will begin in T.3) T.6 MBOBNP 4/12/24
T.7 Insert Objective Design Standards 4/12/24
T.8 – T.9 Optional Tasks 6/21/24
T.10 Prepare Drafts and Final Draft for Submittal
to CCC 10/05/25
4. Budget. Please include a task-by-task budget for both County/City staff labor and for potential consultants and/or project partners. Budget detail on sub-tasks is not necessary and budgets may be amended following execution of grant agreements. Note that consultant/partner costs must be listed by task and must include all costs relating to consultant/partner labor, travel, supplies, overhead, etc. If consultants will be hired at a later date, please include a budget estimate per task that can be updated after hiring the consultants. Please note that these non-competitive, rolling grants are intended for projects up to $500,000. Applications for larger grant projects should be reserved for future competitive grant rounds.
Application Budget Information
Funding Request: $ 500,000.00 Total Project Cost: $ 500,000.00
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
City Staff Labor
Task 1 – Project
Administration $2,178.00 $2,178.00
Task 2 – Stakeholder
ID+Outreach Program $2,178.00 $2,178.00
1 Amount requested should include total for salary and benefits.
EXHIBIT A
11 8
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 3 – Comprehensive LCP
Clean-Up $2,178.00 $2,178.00
Task 4 – Site Rezoning (new
IP/LUP) and General
Resiliency Review
$2,178.00 $2,178.00
Task 5 – Mapping Update
(GIS) $2,178.00 $2,178.00
Task 6 - MBOBNP $2,178.00 $2,178.00
Task 7 - ODS --- ---
Tasks 8 – 9 Optional --- ---
Task 10 – Hearings,
Reviewing drafts, staff
reports, etc.
$4,375.00 $4,375.00
Total City Labor Costs $21,785.00 $0.00 $21,785.00
DIRECT COSTS
County/City Staff Project Supplies
A
B, etc.
Total n/a
County/City Staff Travel In State2
Mileage
Hotel, etc.
Total n/a
Consultants3/Partners
Consultant A (EMC)
Task 1 - Project Admin. $41,450 $41,450
Task 2 - Stakeholder
ID+Outreach Program
$47,640 $47,640
Task 3 - Comprehensive LCP
Clean-Up
$38,020 $38,020
Task 4 - Site Rezoning (new
IP/LUP) + ½ Resiliency
$49,995 $49,995
Task 5 - Mapping Update
(GIS)
$42,950 $42,950
Task 6 - MBOBNP $6,960 $6,960
Task 7 - ODS $25,325 $25,325
2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
EXHIBIT A
12 9
Jurisdiction Name CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 8 – 9 Optional $94,260 $94,260
Task 10 - LCP Drafts,
hearings, submittal to CCC +
Resiliency
$81,375 $81,375
Consultant A (EMC) Total $427,975 $427,975
Consultant B (Integral)
Tasks 1 + 2 - Stakeholders +
Outreach + ½ Resiliency $9,880 $9,880
Task 6 - MBOBNP $15,600 $15,600
Task 10 - LCP Drafts,
Hearings, Submittal $16,120 $16,120
Consultant B (Integral) Total $41,600 $41,600
Consultants Total $469,575 $469,575
Total Direct Costs $469,575 $0 $469,575
OVERHEAD/INDIRECT COSTS4
Total City Staff
Overhead/Indirect Costs $0 $0
Total Consultant
Overhead/Indirect Costs $5,760 $5,760
TOTAL PROJECT COST $497,120 $0 $497,120
5. Supplementary Information (optional). Additional photos, maps and/or other information may be included as attachments if such materials will help illustrate or support the proposed project. This may include maps or other information identifying disadvantaged and low-income communities within the planning area; maps, photos, or other information regarding project areas identified to be significantly impacted by climate change or sea level rise; brief descriptions or links to previously completed studies or other work upon which the proposed project will build; or letters of support from relevant stakeholders.
Please note: All photos, maps, and additional information submitted is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All items submitted will be considered a public record upon submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps or documents.
4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.”
EXHIBIT A
13 10
6. Resolution from the Applicant’s Governing Body. Please submit a resolution that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a grant agreement with the California Coastal Commission if the grant is awarded, and 3) designation of the applicant’s authorized representative (name and title). A sample resolution is provided as Attachment A. Resolutions should also contain clear statements of commitment to full completion of the intended grant process, including submission of applicable LCP products (LCP submittal or amendment) to the Commission for review.
SUBMISSION INSTRUCTIONS
Please submit the completed application form, including all attachments, via email to [email protected]. Submit all application materials combined in a single PDF file, AND submit the Project Proposal (including project description, task descriptions, schedule, and budget) as a Word document. See Attachment B for an application checklist.5 If you are unable to submit via email, you may mail a CD and hard copy to the Coastal Commission at the address below. Please coordinate with Kelsey Ducklow via email prior to mailing hard copy application materials.
Kelsey Ducklow
California Coastal Commission
455 Market St., Suite 300
San Francisco, CA 94105
[email protected]
Once an application has been submitted, Commission staff will confirm it has been received, and may follow up for clarifications, additional details, or to recommend that an amended application be submitted. The Executive Director will make a final determination on grant awards within 30 days of submittal of a complete grant application. Applicants will be notified of the decision, and staff will provide an update to the Coastal Commission on awarded projects. Projects not awarded funding through the non-competitive program will still be eligible for future competitive grant rounds.
CONTACT INFORMATION
Coastal Commission staff are pleased to assist local governments during preparation of LCP grant applications. Contact information for the LCP Grant Program Team is included below.
5 Please note: all information that is submitted is subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display it, free of charge. All documents submitted will be considered a public record upon submittal and will be treated in accordance with Public Records Act requirements. Please indicate if credit is requested for any photos and/or maps.
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14 11
Please note that due to the COVID -19 Pandemic, many staff members continue to work from home, so email may be the best way to contact them at this time .
For questions on the overall grant application process, including project eligibility and funding requirements, please contact Kelsey Ducklow at: [email protected] or (415) 904-2335.
Questions regarding specific project proposals should be directed to the LCP grant coordinator for the respective County:
• For Del Norte, Humboldt, Mendocino, Santa Cruz, Monterey, and San Luis Obispo Counties, please contact Awbrey Yost at: [email protected], or call (831) 427-4863.
• For Sonoma, Marin, San Francisco, San Mateo, and Orange Counties, please contact Brittney Cozzolino at: [email protected], or call (415) 904-5271. • For Santa Barbara and Ventura Counties, please contact Karen Vu at:
[email protected], or call (415) 904-5268.
• For Los Angeles and San Diego Counties, please contact Mary Matella at:
[email protected] , or call (415) 904-6093
For District-specific questions, contact information for each district office is listed below.
North Coast (Del Norte, Humboldt, Mendocino Counties)
• Shana Gray, Deputy Director: [email protected], (415) 904-5280 • Melissa Kraemer, District Manager: [email protected], (707) 826-8950
North Central Coast (Sonoma, Marin, San Francisco, San Mateo Counties) • Dan Carl, Deputy Director: [email protected], (831) 427-4863 • Stephanie Rexing, District Manager: [email protected], (415) 904-5260
Central Coast (Santa Cruz, Monterey, San Luis Obispo Counties) • Dan Carl, Deputy Director: [email protected], (831) 427-4863 • Kevin Kahn, District Manager: [email protected], (831) 427-4863
South Central Coast (Santa Barbara and Ventura Counties, and the Malibu portion of Los Angeles County)
• Steve Hudson, Deputy Director: [email protected], (805) 585-1800 • Barbara Carey, District Manager : [email protected], (805) 585-1800
South Coast (Los Angeles (except Malibu) and Orange Counties) • Karl Schwing, Deputy Director, Orange County: [email protected], (562) 590-5071
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15 12
• Steve Hudson, Deputy Director, Los Angeles County: [email protected], (562) 590-5071
• Amber Dobson, District Manager: [email protected], (562) 590-5071 • Shannon Vaughn, District Manager: [email protected], (562) 590-5071
San Diego (San Diego County)
• Karl Schwing, Deputy Director: [email protected], (619) 767-2370 • Diana Lilly, District Manager: [email protected], (619) 767-2370 • Kanani Leslie, District Manager: [email protected], (619) 767-2370
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16 13
Attachment A: Sample Resolution6
WHEREAS, the Budget Act of 2021 provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and updates to Local Coastal Programs (LCPs); and
WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and
WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and
WHEREAS, (insert name of jurisdiction), has [does not yet have] an effectively certified LCP [or LCP segment]; and
WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to the LCP [in whole or in part]; and
[For uncertified areas] WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority; and
WHEREAS, the (name of jurisdiction) commits to and agrees to fully support a planning effort intended to [complete or] amend a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, BE IT RESOLVED, that the [name of legislative or policy body], of the [name of jurisdiction], hereby:
1. Directs [name of jurisdiction] staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $___________ to fund the project more particularly described in the grant application package.
6 This sample is provided for informational purposes only; please contact your attorney before using this sample.
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17 14
2. Authorizes the (title of official), of the (name of jurisdiction), to execute, in the name of the (name of jurisdiction), all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
PASSED AND ADOPTED by the (name of legislative or policy body), of the (name of jurisdiction), on this ____ day of _______________, 2021 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
_____________________________________
Signed:
____________________________________
(name and title of official authorized to sign resolutions of the governing body)
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18 15
Attachment B: Application Checklist
A complete Grant Application Packet includes the following components. Please submit all documents in a single PDF file as well as a Word Document of the Project Proposal details, as noted below. It is very important to receive the PDF file and a Word document for efficiency in preparing grant agreement documents. Thank you for your attention to these important components of the application.
Signed LCP Grant Application Form (.pdf)
Project Proposal (.docx)
o Project Description, Task Descriptions, Schedule, Budget, and Supplemental Information
Signed Resolution (.pdf)
All documents combined into a single PDF file (.pdf)
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19 16
Attachment C: Program Priorities and Evaluation Criteria Applications for LCP local assistance planning grants will be evaluated for their ability to complete the proposed planning work. Projects selected for funding will be those that best meet the Commission’s adopted program priorities and evaluation criteria, which were updated at the October 2021 hearing to reflect current planning needs.7
Eligible Grantees and Projects
These grants are intended to provide assistance to local governments responsible for developing and amending Local Coastal Programs, and such local governments must be the primary applicant and grantee. Coastal jurisdictions may also partner together in support of regional planning efforts and/or grant funds may be used to support relevant stakeholder groups to achieve specific project goals. Local governments are eligible to apply for projects that were not previously funded.
Eligible projects are those that are designed to assist local governments in assessing impacts and planning for coastal resiliency, including adapting to the impacts of climate change and sea level rise, and which contain an LCP planning component. Grant funds may be used for technical, economic, policy, and other analyses, feasibility studies, vulnerability assessments, adaptation plans, outreach and coordination efforts, and activities related to LCP adoption and submittal. LCP planning components may include development of a new LCP, a comprehensive LCP update, an LCP amendment (e.g., updates to coastal hazards policies; incorporation of new sea level rise related policies or programs), targeted LCP changes (e.g., changes to LCP policies/zoning to allow for implementation of identified sea level rise adaptation strategies or climate resiliency projects; updates to previously adopted SLR policies in response to continued planning), or similar activities undertaken through a Public Works Plan (PWP) process.
More information on eligible project types is provided in the program priorities and evaluation criteria sections below. Additional details, including project examples, may be provided in forthcoming grant application announcements.
Program Priorities
Applications will be evaluated for their ability to advance coastal resiliency efforts in the context of LCP planning. This may include:
• Completion of technical, economic, policy, or other analyses meant to assist in understanding, planning for, and adapting to climate change and sea level rise, and increasing coastal resiliency, including but not limited to general vulnerability assessments, studies to evaluate impacts based on evolving science (e.g., extreme sea level rise, groundwater change), feasibility and design studies for nature-based adaptation or other specific strategies, and development of monitoring programs
7 See: Recommended Updates to the LCP Local Assistance Grant Program, adopted October 15, 2021.
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20 17
• Planning work and/or related studies to support development of regional, neighborhood, site, or asset specific adaptation approaches, including phased adaptation/adaptation pathways, such as for a Shoreline Management Plan, a Coastal Hazards Response Plan as required by a Coastal Development Permit, or similar • Planning work and/or focused outreach efforts to increase public awareness and participation in climate change and sea level rise planning activities, particularly among vulnerable communities
• Planning work to address environmental justice concerns, particularly related to climate change and sea level rise planning activities, and to ensure equitable protection of coastal resources and provision of public coastal access and lower-cost recreation for everyone, regardless of race, ethnicity, socio-economic status, or place of residence • Completion of land use plan and/or zoning work to achieve certification of a new Local Coastal Program (or an Area of Deferred Certification) or planning and/or zoning work to significantly update certified LCPs (or LCP segments) in whole or in part to provide for coastal resiliency, or to reflect changed conditions, new information and scientific knowledge, new programs and policies, or other significant changed circumstances
Evaluation Criteria
Staff will evaluate grant applications against the following selection criteria. The criteria will be considered as a whole, not weighted.
Public Benefit/Significance
The Commission will consider the extent to which the proposed project will address issues of statewide significance and maximize public benefits of the coast. These can include reducing greenhouse gases and addressing the impacts of climate change and sea level rise; preserving and enhancing coastal habitat; protecting, providing and enhancing public access; protecting priority land uses such as agriculture, coastal dependent development, or recreation; protecting and providing lower cost visitor and recreational opportunities. The Commission will consider the extent to which priority Coastal Act resources are addressed and the public benefits maximized.
Environmental Justice
In 2016, the Legislature passed AB 2616 giving the Coastal Commission explicit authority to consider environmental justice, defined in California Government Code Section 65040.12(e), as updated in 2020, as: “The fair treatment and meaningful engagement of people of all races, cultures, incomes, and national origins with respect to the development, adoption, implementation and enforcement of environmental laws, regulations, and policies.” Low- income communities, indigenous communities, communities of color, and other marginalized communities often bear a disproportionate burden of pollution or other environmental harms, while suffering from a lack of environmental services, such as clean drinking water, clean air, and access to parks and open space. Addressing these types of disparities and barriers to
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21 18
meaningful involvement is critical for ensuring that Coastal Act goals of protecting coastal resources for all are equitably fulfilled, particularly as climate change results in evolving risks, without creating new or continuing to exacerbate existing environmental burdens in environmental justice communities. The Coastal Commission will consider the extent to which environmental justice issues are addressed when evaluating grant proposals.
Addressing the Effects of Climate Change
Climate change is one of the most significant policy areas to emerge since many of the LCPs have been certified. The Commission is seeking LCP updates and amendments that address the effects of climate change, including land use, housing, transportation, and habitat restoration and conservation policies that facilitate reductions in greenhouse gases and vehicle miles traveled, as well as the planning and implementation of strategies to adapt to sea level rise and other issue areas affected by climate change, such as changes in habitats and fire hazards.
Relative Need for LCP Update
Related to the public benefits of a proposal, the Commission will consider the relative need for an LCP update, considering the length of time since an LCP or LCP segment has been updated and the significance of the issues proposed to be updated. For example, many jurisdictions seek to assess vulnerability and develop adaptation solutions to address sea level rise, fire, or other climate change impacts to critical infrastructure, residential areas, recreational amenities and open space, or significant wetland and habitat areas. Others have identified needs to reduce vehicle miles traveled, encourage smart growth, increase climate-resilient housing supply, improve public transit, and enhance pedestrian and bicycle options, particularly to and along the coast. A proposal to complete technical studies, economic analyses, mapping, public outreach, and development of LCP policies in support of these options may be important.
Likelihood of Success/Effectiveness
Overall, the success of the Commission’s grant program will be measured by the progress made toward development and implementation of climate resilience strategies, including through LCP certification, update, or amendment. The Commission will consider the likelihood of success of each proposal, including evaluating the practicality, feasibility, and effectiveness of a proposed work program that may lead to successful implementation. Proposals must address the need for coordination with the public and the Commission, and provide for practicable benchmarks for development and review of studies, plans, LCP policies, and other project-specific deliverables.
Other evidence in support of this criteria may include resolutions of intent and endorsement for the proposed work from the jurisdiction and other organizations, matching funds, or other complementary efforts (see below), or other factors that may affect the likelihood that an LCP amendment will be successfully completed. Applicants will be asked to describe any LCP planning work that has been initiated or is already underway at the local level and how this grant program is needed to substantially further that effort. A resolution from the applicant
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22 19
committing to completing an LCP Amendment submittal to the Commission will be required as part of the application.
For new LCP development, the local government should demonstrate its willingness and capacity to assume local coastal development permit processing. Relatedly, some areas of the coastal zone remain uncertified because the Commission and local government have been unable to reach agreement on the resolution of issues or the issue is particularly intractable.
The Commission will consider the likelihood that such areas and specific policy questions can be successfully addressed, leading to certification of the area.
Project Integration/Leverage/Matching Funds
The Commission will consider the relationship of the LCP work program to other planning work being undertaken by the jurisdiction. There are several statewide grant programs underway which may positively integrate with this LCP Planning Grant program. Applicants will be asked to describe any other related grant awards (such as through past Coastal Commission grant rounds, or from the Ocean Protection Council, Coastal Conservancy, Caltrans, or the Strategic Growth Council) that may support the LCP planning work. The Commission will consider the ability to integrate and leverage any additional program funds available that could help support LCP certification, update, or amendment.
EXHIBIT A
23 August 3, 2023
Alyson Hunter, AICP
Planning Manager, Community Development Department
City of Marina
211 Hillcrest Ave.
Marina, CA 93933
Re: Revised Phase 2 Comprehensive Local Coastal Program Amendment Proposal Dear Alyson,
The City’s Local Coastal Program Phase 1 amendment included an Existing Conditions and Adaptation Report and a Social Vulnerability Assessment (the Reports) which address the effects that sea-level rise could have on coastal resources along the shoreline of Marina. Phase 1 also included updating LCP policies to address the Report’s recommendations. The Phase 1 Tasks are currently funded, underway and nearing completion. The Existing Conditions and Adaptation Report and Social Vulnerability Assessment were submitted to Commission staff on xx and the LCP/IP policies were submitted to Commission staff on July, 11 2023.
Based upon the work done during Phase 1, additional work was identified to be addressed as Phase 2 funded by another California Coastal Commission grant of up to $500,000.
Throughout the Phase 2 process, EMC Planning Group will focus on and perform any further policy updates necessary to implement the findings from the Existing Conditions and Adaptation Report and the Social Vulnerability Assessment, which were prepared as part of Phase 1. Such policy language will focus on coastal resiliency adaptation strategies as it intersects with Environmental Justice, Public Access, and ESHA.
EXHIBIT B
24 The following tasks are recommended to further update the City’s Local Coastal Program:
Task 1 Project Administration and Management
This task includes contract negotiation and execution, insurance compliance, administration, preparation and execution of subconsultant contracts, monthly invoices and progress memos, etc. This task also covers general communications and coordination among the EMC Planning Group team, the City, the Coastal Commission and all other involved agencies and interests throughout the LCP preparation process outside of the regularly scheduled meetings identified in the tasks below.
Deliverables: Executed contract(s), insurance certificates naming the City, monthly invoices identifying staff, hours, rates, and amount for each task, and accompanying progress memo identifying work performed to date.
Task 2 Stakeholder Identification and Outreach
Program
This task includes project kick-off, gathering stakeholder information, public outreach and a public workshop.
Task 2.1 Coastal Staff Coordination
Participate in an initial meeting with Coastal Commission staff to discuss the comprehensive LCP update, including scope and schedule. Initial meeting topics will include the City’s identified LCP policy areas in need of an update (see Tasks 3-6 below), document format, public outreach, meeting schedule, and other issues that are important at early stages of the project. The intent of the meeting will be to obtain Coastal Commission staff’s early review and acceptance of the scope and have a clear understanding of Coastal Commission priorities to ensure an efficient certification process. If Commission staff identifies any other LCP policy areas they would like included as part of the update, EMC Planning Group staff will coordinate with City staff to decide whether such changes can be incorporated as part of this LCP Amendment (see Task 7). This Task includes up to 3 subsequent coordination meetings with Coastal staff, as needed. EMC Planning Group will prepare meeting minutes and distribute to the participants.
EXHIBIT B
25 Deliverable: Up to four (4) meetings with Coastal and City staffs and meeting agendas and minutes prepared and distributed to participants.
Task 2.2 Define Stakeholders and Develop Outreach Program An initial step in the outreach process will be to define and identify stakeholders and develop a community outreach strategy. The City will solicit stakeholders to help in this public outreach process and prepare initial information on vision, purpose, upcoming tasks, and schedule to distribute to stakeholders. This task will include the preparation of email notification lists, and the identification of key links to community cross sections to facilitate information flow and participation. EMC Planning Group will assist staff to identify and engage low-income segments of the community, as well as California Native American Tribes, and develop outreach and meetings to solicit meaningful engagement. Meetings will be attended and lead by City staff and EMC Planning Group.
Such outreach efforts could include email and USPS lists, community-wide informational postings, City social media platforms, and a dedicated website for content development prepared and managed by EMC Planning Group.
Deliverables:
Stakeholder List and Outreach Plan Outline.
Task 2.3 Create Web Page
A web page will be developed to be utilized throughout the LCP update process to obtain public input and update the public about upcoming meetings, draft documents, and the project’s overall schedule and progress.
Deliverable: Dedicated web-page for the City’s LCP update.
Task 2.4 Create Social Media Platforms and Newsletter Template Social media platforms and a newsletter template will be developed to be utilized throughout the LCP update process to obtain public input and update the public about upcoming meetings, draft documents, and the project’s overall schedule and progress.
Task 2.5 Create Web -based Community Questionnaire
Design, distribute, and manage responses to a web-based community questionnaire.
Deliverables: Community questionnaire; Website access to questionnaire; and manage responses to public questionnaire.
EXHIBIT B
26 Task 2.6 Commun ity Workshop
Present draft vision, goals, and objectives at a public workshop for input and discussion.
Deliverables: Noticing materials; Agenda, Post-workshop summary Task 3 Comprehensive LCP Clean -up
The City of Marina’s currently certified LCP contains strikethroughs and underlines.
Phase 2 Task 3 of the Comprehensive LCP Update will include cleaning up all strikethroughs and underlines. EMC Planning staff will review the existing LUP and IP and delete all language which has been certified in strikethroughs and will add all language that has been certified in underlines. During this comprehensive LCP clean-up, EMC Planning Group will identify areas of the LCP where climate and sea-level rise resiliency policies’ need to be added.
Deliverables: Submit draft LCP with proposed clean-up edits to the City of Marina staff for review and then to Coastal Commission staff for review and feedback before beginning further LCP Amendments. Memo discussing sections of LCP that need to be amended to include climate and sea-level rise resiliency policies.
Task 4 Site rezoning/LCP Implementation Plan
Three sites have been identified that could benefit from an LCP Amendment to update their zoning to better match the potential and intent of the sites. The first site is the Brown Bulb Ranch site (APN 033-111-035, -029). It is an in-fill site located on the corner of Beach Road and Del Monte Boulevard and adjacent to Walmart (Marina Landing Shopping Center) and Locke-Paddon Park. The site is currently zoned Planned Commercial. The City envisions mixed-use development here, including a commercial and high-density residential mixed-use project, which would require a zoning designation change to allow for a high-density residential overlay. Increasing density within the City Center will help the City achieve their housing needs in a more compact sustainable manner that avoids hazardous areas.
The second site is the Cemex Site, located seaward of Highway 1 in the sand dunes in the northern area of Marina’s Coastal Zone (APNs 203-011-019, 203-011-001, 203-011-016 and 203-011-020). In 2017, the Coastal Commission issued a Consent Cease and Desist order (CCC-17-CD-02) which required Cemex to stop sand mining by December 31, 2020, and required that Cemex transfer the Property to an approved non-profit or
EXHIBIT B
27 governmental entity for conservation at a reduced price, with a deed restriction to protect the access and the habitat at the site in perpetuity. The 400-acre site is currently zoned C-D (Coastal Conservation and Development District); however, this City- adopted rezoning has not yet been certified by the CCC. An LCP amendment is required to update the site’s zoning consistent with the requirement of the 2017 Consent Cease and Desist order, or other agreements that have been executed regarding the sites land use future, and certify City adopted rezonings.
The third site is on Lake Court Drive, seaward of Highway 1. There are three single family dwellings zoned Public Facility here that are not currently connected to the public sanitary sewer system. The City would like to clean up the zoning for these three parcels to reflect the residential use and facilitate connection to the sanitary sewer system.
If, during Phase 2 Task 4, additional sites are identified as potentially benefiting from an LCP Amendment to update their land use and zoning, additional budget may be allocated here for such policy updates. EMC Planning Group and City staff will consider how zoning updates could achieve managed retreat where feasible, including by identifying inland properties that could be zoned and maintained as open space.
Deliverables. LCP Implementation Plan Amendment to update the zoning and allowed uses for Brown Bulb ranch site, Cemex site, Lake Court Drive residential parcels and any other identified sites during the LCP Amendment process. This task will also result in updated mapping and GIS layers, and will be coordinated and integrated into Task 3 above.
Task 5 Mapping Update
The maps in the City of Marina’s LCP are the original maps from the initial LCP certification in 1982. The maps are hand drawn, of poor scale and quality, and have not yet been converted digitally. EMC Planning Group will update all maps within the LCP to digital form and will provide GIS layers to the City. EMC Planning Group will also work with City staff and Coastal staff to identify additional maps that could support the LCP (i.e., ESHA, hazards, public access maps, etc.)
EXHIBIT B
28 Deliverables: Produce up to twenty-five (25) digital maps to replace the existing hand drawn maps. Provide GIS layers to the City of Marina so that they can add the map layers to their GIS Database.
Task 6 Monterey Bay Opportunistic Beach Nourishment
Program (OBNP)
The intent of the Opportunistic Beach Nourishment Program (OBNP) is to create a process where available suitable beach material can be stockpiled and/or directly placed on the beach under a streamlined process. Under the proposed program, beach material would be evaluated for compatibility, stockpiled at designated sites if needed, and placed on predetermined beach receiver sites(s).
EMC Planning Group will work with Integral Consultants to identify receiver sites along the Marina coastline and will create policy language encouraging use of the Monterey Bay OBNP. The City of Monterey adopted Initial Study and Negative Declaration will be used as the required CEQA analysis.
Deliverables: Policy language encouraging a long-term plan for the membership and use of the Monterey Bay OBNP as a method for nature-based adaptation and resiliency in the City of Marina.
Task 7 Objective Design Standards
The City of Marina is in the process of adopting Objective Design Standards (ODS) as required by State Law (SB 35 and SB 330). The ODS will be adopted outside of the City’s Coastal Zone at the end of 2023. As part of this LCP update, the City would like to include the ODS within the LCP, as required by State Law. The City’s ODS will be modified as appropriate for the Coastal Zone and integrated into the LCP Implementation Plan.
Deliverable: Objective Design Standards for integration into LCP.
Task 8 Housing Ordinance updates (Optional)
The City of Marina has a number of fair housing ordinances (reasonable accommodation, employee housing, supportive and transitional housing, low-barrier navigation centers, etc.) that it is adopting to comply with State Housing Law, and need to be brought into the Coastal Zone via an LCP amendment.
EXHIBIT B
29 Task 9 Additional Policy update areas identified by CCC (optional)
This Task leaves time and budget to account for any additional LCP policy area changes that are identified by EMC Planning, City staff, Coastal staff or stakeholders during the LCP amendment process.
Task 10 Prepare LCP Amendment Submittal
This task includes preparing a final draft of the comprehensive LCP update, which will include the amendments from Tasks 3-6 above, as well as anything that is appropriate from Tasks 7, 8, and 9. During this Task, EMC Planning Group will finalize edits from the City and Coastal staff and will assist the City in the LCP Amendment submittal.
Task 10.1 Draft LCP
Submit draft LCP update for City and Coastal Commission staff review. Attend up to two (2) meetings with City and Coastal Commission staff.
Deliverable: Prepare final draft LCP Amendment.
Task 10. 2 Staff Report, Resolution and Findings
Assist City staff with preparation of Staff Reports and Findings for the City Planning Commission and City Council to consider adoption of the LCP Amendment.
Deliverable: Planning Commission Staff Report and Findings and City Council Staff Report and Findings.
Task 10.3 Attend Public Hearings
Prepare for and attend up to two (2) Planning Commission meetings and two (2) City Council meetings to adopt the LCP Amendment. This includes assisting the City with preparation of a Power Point presentation. Prepare for and attend the Coastal Commission hearing to adopt the LCP Amendment to assist the City with questions, as needed.
Deliverable: Preparation and Attendance at up to four (5) meetings.
Please contact myself or Anastazia Aziz, AICP at [email protected] if you have any questions regarding this proposal.
Sincerely,
EXHIBIT B
30 Michael Groves AICP
President
EXHIBIT B
31 Task
Senior Principal
Principal
Principal Biologist
Associate Planner
Desktop Publisher
Graphics
Administrative/
Production
Dave Revell
$275 $250 $210 $165 $140 $115 $260
Phase 2- Comprehensive LCP Amendment
1. Project Administration and Management 30 40 64 8 48 190 $35,450 Production/Misc $5,000
2. Stakeholder Identification and Outreach Program 24 40 96 24 16 200 $37,640 38 38 $9,880 Outreach Platform $10,000
3. LCP Clean-up and Initial City/CCC Review 24 56 96 8 4 188 $38,020 Mileage $1,000
4.Site rezoning/LCP Implementation Plan 41 44 36 116 4 4 245 $49,995
5. Mapping update 12 16 64 30 120 4 246 $42,950
6. Beach Nourishment Program 12 24 36 $6,960 60 60 $15,600
7. Objective Design Standards 16 30 65 16 4 131 $25,325
10. LCP Amendment draft and submittal 70 76 220 20 35 421 $81,375 62 62 $16,120 Subtotal Task A (Hours) 217 314 100 711 200 115 1657 160 160 Subtotal Task A (Cost) $59,675 $78,500 $21,000 $117,315 $28,000 $13,225 $317,715 $41,600 $41,600 $16,000 $359,315 $16,000 $375,315 $5,760 $381,075 TOTAL ESTIMATED HOURS 217 314 100 711 200 115 160
TOTAL ESTIMATED LABOR BUDGET $59,675 $78,500 $21,000 $117,315 $28,000 $13,225 $41,600 $359,315 $16,000 $375,315 $5,760 $381,075
TOTAL LABOR BUDGET PER FIRM
OPTIONAL TASKS
8. Housing Ordinance Updates 16.0 64.0 25.0 16.0 16.0
9. Additional policy area updates 21.0 96.0 168.0 32.0 32.0 Subtotal Optional Tasks (Hours) 37 160 0 193 48 48
Subtotal Optional Tasks (Cost) $10,175 $40,000 $0 $31,845 $6,720 $5,520 OPTIONAL TASKS TOTAL Total
NOTES:
a. The standard 15% Markup has been reduced to 10% and is included on Administrative Overhead Expenses and Subconsultant Costs b. This proposal is valid for 90 days
EMC Planning Group
EMC Planning Group
Costs
EMC Planning Group Hours 10%
Markup*
$41,600
Subtotal
($)
Integral
City of Marina Comprehensive LCP Amendment
$94,260 $475,335
EXPENSES BUDGETLABOR (HOURS)
Expense Cost
Labor
($)
Expenses
($)
Subtotal
($)
$317,715
Integral Hours
Integral
Costs
Note that this total is for
consultant costs only - it
does not include City staff
costs
EXHIBIT B
32 August 11, 2023 Item No: 10f(2)
Honorable Mayor and Members Board Meeting
of the Preston Park Sustainable Community NPC Board of August 15, 2023
A RESOLUTION OF THE BOARD OF THE PRESTON PARK
SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION
AUTHORIZING CHANG E IN SIG NATORIES ON THE CAPITAL
RESERVE ACCOUNT WITH BRIDGE BANK
RECOMMENDATION:
It is requested that the Board consider:
1. Adopting Resoluti on No. 20 23-, authorizing change in signatories on the Preston Park Sustainable Comm unity Non-Profit Corporation (PPSC-NPC) capital reserve account.
BACKGROUND:
The Preston Park Sustainable Communit y Non-Profit Corporation Board is responsible for authorizing personnel to endorse an d sig n Preston Park bank accounts, and to t ransfer funds to/from the bank accounts for cash flow and investment purposes.
Effective August 16, 2023, Laura Pruneda will begin employment with the City of Marina as the Finance Director.
ANALYSIS:
Due t o upcoming staffing changes, the PPSC-NPC Boar d is requested to consider authorizing a change to the signatories on the capital reserve account.
Staff recommends amending the authorize d signors adding Layne Long and Marisol Gomez to the authorized signor’s list.
Assistant City Manager Matthew Mogensen
Finance Director Laura Pruneda
Accounting Services Manager Alma Gonzalez
Greystar will remain as signors on the opera ting and security deposit accounts, which are property trust accounts held with JPMorgan Chase Bank. This banking structure is similar to that of Abrams Park and is considered best practice to ensure that Greystar, as the property manager, remains in compliance with the Department of Real Estate (DRE).
CONCLUSION:
This request is submitted for PP NPC Board consideration and possible action.
Respectfully submitted,
_________________________
Juan Lopez
Finance Director
City of Marina
1 REVIEWED/CONCUR:
_______________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE BOARD OF THE PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION AUTHORIZING CHANGE IN
SIGNATORIES ON THE CAPITAL RESERVE ACCOUNT WITH BRIDGE BANK
WHEREAS, the Preston Park Sustainable Community N on-Profit Corporation (PPSC-NPC) Board is responsible for authorizing pers onnel to endorse and sign Preston Park bank accounts, and to transfer funds to/from the bank accounts for cash flow and investment purposes.
WHEREAS, effective August 16, Laura Pruneda will begin employment as the Finance Director for the City of Marina; and
WHEREAS, due to staffing changes, the PPSC-NPC Board is requested to co nsider authorizing a change to the signatories on the capital reserve accounts; and
WHEREAS, Staff recommends amending the authorized signors adding Matthew M ogensen, Laura Pruneda and Alma Gonzalez; and
NOW, THEREFORE, BE IT RESOLVED by the Board of the Preston Park Sustainable Community Non-Profit Corporation that the following officers shall be authorized signatories for the Preston Park capital reserve account with Bridge Bank:
Assistant City Manager Matthew Mogensen
Finance Director Laura Pruneda
Accounting Services Manager Alma Gonzalez
PASSED AND ADOPTED by the Board of the Preston Park Sustainable Community Non-Profit Corporation at a regular meeting duly held on the 15th day of August, 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 August 11, 2023 Item No: 10f(3)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 15, 2023
CITY COUNCIL AND SUCCESSOR AGENCY BOARD CONSIDER
ADOPTING RESOLUTION NO. 2023- AUTHORIZING CHANGE IN
AUTHORIZED SIGNATORIES ON CITY GENERAL, AND PAYROLL
CHECKING AND SUCCESSOR AGENCY CHECKING ACCOUNTS
WITH CHASE JPMORGAN
RECOMMENDATION:
It is requested that the City Council and Successor Agency consider:
1. Adopting Resolution No. 20 23-, authorizing change in signatories on the City General, and Payroll, and Successor Agency General checking accounts with Chase JPMorgan.
BACKGROUND:
The City Council is responsible for authorizing personnel to endorse and sign City General and Payroll checking and Successor Agency Checking and other accounts with City Chase JPMorgan accounts for cash flow and investment purposes.
Effective August 16, 2023, Laura Pruneda will begin employment as the Finance Director for the City of Marina.
ANALYSIS:
Due to recent staffing changes, the City Council is requested to consider authorizing a change to the signatories on the City General and Payroll and Successor Agency checking accounts with Chase JPMorgan.
Staff recommends amending the authorized signors adding Laura Pruneda, Matthew Mogensen and Alma Gonzalez to the authorized signor’s list.
To maintain the highest possible level of internal controls, and to preserve the flexibility needed to assure prompt payment of claims and investment of idle cash, the City Council is requested to consider authorizing the change in signatories to include the following individuals:
City Manager Layne Long
Assistant City Manager Matthew Mogensen
Finance Director Laura Pruneda
Accounting Services Manager Alma Gonzalez
Fire Chief Doug McCoun
FISCAL IMPACT:
None
CONCLUSION:
This request is submitted for City Council consideration and possible action. 1 Respectfully submitted,
_________________________
Juan Lopez
Finance Director
City of Marina
REVIEWED/CONCUR:
_______________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
RESOLUTION NO. 2023- (SA-MRA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AND THE
SUCCESSOR AGENCY BOARD OF THE MARINA REDEVELOPMENT AGENCY
AUTHORIZING CHANGE IN SIGNATORIES ON CITY GENERAL AND PAYROLL
CHECKING ACCOUNTS AND SUCCESSOR AGENCY CHECKING ACCOUNT WITH
CHASE JPMORGAN
WHEREAS, the City Council and Board of the Marina Redevelopment Agency are responsible for authorizing personnel to endorse and sign City General and Payroll checking and other accounts and Successor Agency Chase JPMorgan accounts, and to transfer funds from/to the City and Successor Agency Chase JPMorgan accounts for cash flow and investment purposes; and
WHEREAS, effective August 16, 2023, Laura Pruneda begins employment with the City of Marina as the Finance Director; and
WHEREAS, due to staffing changes, the City Council of the City of Marina and Board of the Marina Redevelopment Agency is requested to consider authorizing a change to the signatories on the City General and, Payroll Accounts and Successor Agency General Account with Chase JPMorgan; and
WHEREAS, Staff recommends amending the authorized signors adding Juan Lopez, Finance Director; and
WHEREAS, to maintain the highest possible level of internal controls, and to preserve the flexibility needed to assure prompt payment of claims and investment of idle cash, the City Council is requested to consider authorizing the change in signatories to include the following individuals:
City Manager Layne Long
Assistant City Manager Matthew Mogensen
Finance Director Laura Pruneda
Accounting Services Manager Alma Gonzalez
Fire Chief Doug McCoun
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina that the following officers shall be authorized signatories for the General, Payroll, Revolving Loan, Checking and other Accounts, and Local Agency Investment Fund (LAIF):
City Manager Layne Long
Assistant City Manager Matthew Mogensen
Finance Director Laura Pruneda
Accounting Services Manager Alma Gonzalez
Fire Chief Doug McCoun
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of August, by the following vote:
AYES: COUNCIL/AGENCY MEMBERS:
NOES: COUNCIL/AGENCY MEMBERS:
ABSENT: COUNCIL/AGENCY MEMBERS:
ABSTAIN: COUNCIL/AGENCY MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
_________________________
Anita Sharp, Deputy City Clerk
3 August 11, 2023 Item No: 10f(4)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 15, 2023
CITY COUNCIL OF THE CITY OF MARINA AND THE SUCCESSOR AGENCY
BOARD OF THE MARINA REDEVELOPMENT AGENCY CONSIDER
ADOPTING RESOLUTION NO. 2023-; AND RESOLUTION NO. 2023- (SA-MRA)
AUTHORIZING CHANGE IN SIGNATORIES TO OPEN INVESTMENT
ACCOUNTS AND CONDUCT INVESTMENT ACTIVITIES AS OUTLINED BY THE CITY’S INVESTMENT POLICY
RECOMMENDATION:
It is requested that the City Council and Successor Agency Board consider:
1. Adopting Resolution No. 2023-; and Re solution No. 20 23- (SA-MRA), authorizing change in signatories on the City and Successor Agency investment accounts to open investment accounts and conduct investment activities as outlined by the City’s investment policy.
BACKGROUND:
The City Council and Successor Agency Board are res ponsible for authorizing personnel to open investment accounts. Effective August 16, 2023, Laura Pruneda will begin employment as the Finance Director of the City of Marina.
ANALYSIS:
To buy and sell securities on behalf of the City, investment brokers require that the City provide proof that certain officers and signatories are empowered to act on behalf of the City. The City’s current investment policy authorizes the Finance Director to open investment accounts and buy and sell securities . The proposed resolution states that effective August 16, 2023, Laura Pruneda, Finance Director, is authorized as a signatory on investment accounts.
FISCAL IMPACT:
None
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
______________________
Juan Lopez
Finance Director
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne Long
City Manager
City of Marina
1 RESOLUTION NO. 2023-xx
RESOLUTION NO. 2023-xx (SA-MRA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AND THE SUCCESSOR AGENCY BOARD OF THE MARINA REDEVELOPMENT AGENCY
AUTHORIZING CHANGE IN SIGNATORIES TO OPEN INVESTMENT ACCOUNTS AND CONDUCT INVESTMENT ACTIVITIES AS OUTLINED BY THE CITY’S INVESTMENT POLICY
WHEREAS, pursuant to the provisions of Section 53646 of the California Government Code the City Council and Agency Board adopt and investment policy on how the City’s cash may be invested; and
WHEREAS, the purpose of the Investment Policy and Management Plan is to establish strategies, practices, and procedures to be used in administering the financial investments of the City of Marina and the Successor Agency to the Marina Redevelopment Agency; and
WHEREAS, the Finance Director is an authorized City Officer empowered to open investment accounts and buy and sell investment securities as authorized in the City’s adopted investment policy; and
WHEREAS, effective August 16, 2023, Laura Pruneda will begin employment with the City of Marina as the Finance Director; and
WHEREAS, due to staffing changes, the City Council and Agency Board is request ed to amend the authorized signors adding Laura Pruneda, Finance Director; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina and the Board of the Marina Redevelopment Agency that Laura Pruneda, Finance Director, shall be an authorized signatory to open investment accounts and conduct investment activities as outlined by the City’s investment policy.
PASSED AND ADOPTED by the City Council of the City of Marina and the Successor Agency of Marina Redevelopment Agency at a regular meeting duly held on the 15th day of August 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
2 August 8, 2023 Item No: 10f(5)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 18, 2023
CITY COUNCIL TO CONSIDER AUTHORIZING STAFF TO PREPARE
A LETTER OF SUPPORT FOR SENATE BILL 244 (EGGMAN), RIGHT
TO REPAIR ACT
REQUEST:
It is requested that the City Council consider:
1. Authorizing staff to prepare a letter of support for Senate Bill 244 (Eggman), Right to Repair Act.
DISCUSSION:
Mayor Delgado has requested that the City Council consider sending a letter of support for SB244 Right to Repair Act. The League of California Cities has not taken any position on SB244 SB244 (Eggman) Right to Repair Act
Under current law, every manufacturer making an express warranty with respect to an electronic or appliance product, including televisions, radios, audio or video recording equipment, major home appliances, antennas, and rotators, with a wholesale price to the retailer of not less than $50 nor more than $99.99 is required to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 3 years after the date a product model or type was manufactured, regardless of whether the 3 -year period exceeds the warranty period for the product.
Current law also requires every manufacturer making an express warranty with respect to an electronic or appliance product, as described above, with a wholesale price to the retailer of $100 or more, to make available to service and repair facilities sufficient service literature and functional parts to effect the repair of the product for at least 7 years after the date a product model or type was manufactured, regardless of whether the 7-year period exceeds the warranty period for the product.
This bill would enact the Right to Repair Act. The bill would require, except as specified and regardless of whether any express warranty is made, the man ufacturer of an above -described electronic or appliance product, in the above -described circumstances, and in those same circumstances but sold to others outside of direct retail sales, to make available, on fair and reasonable terms, to product owners, service and repair facilities, and service dealers, the means, as described, to effect the diagnosis, maintenance, or repair of the product, as provided.
Senate Bill 244- The Right to Repair Act, as amended, would require that manufacturers provide access to parts, tools, service information and repair software for specified electronics and appliances, helping to waste while also providing more options for our community members to fix, rather than replace, their household items. Unfortunately, our right to repair is currently not being protected.
Many repairs are impossible due to manufacturer-imposed restrictions that limit access to the parts, tools and service information that are need ed for consumers or independent repair businesses to make repairs. This pushes consumers into buying new devices, leading to more waste. Additionally, research shows that repairing instead of replacing electronic products could save households approximately $382 each year, adding up to over $5 billion in savings across California. 1 By requiring manufacturers to take responsibility for their products throughout their life cycle, customers can more easily identify opportunities for repair and reuse before dis posal up front, promoting a circ ular economy. Consumers who are empowered to iden tify third -party repair businesses and replacement parts as well as receive key service information regarding their electronic products help reduce harmful impacts in the City’s landfill and local environments.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
_____________________
Layne P. Long
City Manager
City of Marina
2 July 28, 2023 Item No. 10g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 15, 2023
RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 202 3-, APPROVING AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE
CITY OF MARINA AND CSG CONSULTANTS, INC. OF FOSTER CITY,
CALIFORNIA, FOR ENGINEERING AND BUILDING CONSULTING
SERVICES TO EXTEND THE CURRENT CONTRACT TO JUNE 30, 2025, AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT ON
BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY
THE CITY ATTORNEY
REQUEST:
It is recommended that the City Council:
1. Consider adopting Resolution No. 202 3-, approving Amendment No. 3 to the agreement for Engineering and Building Co nsulting Services between the City of Marina and CSG Consultants, Inc. of Foster City, California, extending the current contract to June 30, 2025; and
2. Authorize the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.
BACKGROUND:
On April 4th, 2006, the City Council adopted Resolution No. 2006 -84, approving an Agreement between the City of Marina and CSG Consultants (the “Agreement”) to provide engineering inspection services to the City’s Engineering Division. The original agreement was amended on July 18, 2006 (Resolution No. 2006-184), March 6, 2007 (Resolution No. 2007-44), June 3, 2008 (Resolution 2008-119), June 19, 2012 (Resolution 2012-90), October 16, 2012 (Resolution 2012- 156), June 2 1, 2016 (Resolution 2016 -88), and December 6 , 2016 (Resolution 2016 -154). The contract amendments extended the term of service and added staff augmentation for code enforcement, building inspection, building plan check, and solid waste franchise agreement review services.
At the December 6, 2016 , regular City Council meeting, the City Council also directed staff to issue a Request of Proposals (RFP) for consulting firms providing engineering and building services. Of the seven area firms that received the RFP, CSG was the only f irm that responded.
Staff contacted the other potential proposers and found that the firms either partnered with CSG as a sub-consultant or did not have the breadth of services or depth of staff to support the contract.
At the regular meeting of August 2, 2017, the City Council adopted Resolution No. 2017 -76, approving an agreement between the City of M arina and CSG Consultants for engineering and building permit services.
The City and Contractor entered into a First Amendment to the Agreement dated July 1, 2020 (the "First Amendment"), to extend the term of the Agreement from July 1, 2020 to June 30, 2023.
The City and Contractor entered into the Second Amendment to the Agreement dated April 21, 2021 (the “Second Amendment”), to add digital scanning and archiving services to the Scope of Work.
1 ANALYSIS:
CSG Consultants, Inc. has been providing engineering and building services since 2006. With continued development and ongoing capital needs, the City will continue to need the services of consultants in both the Engineering and Building disciplines. Those services include but are not limited to: Development review, plan check for code compliance, code enforcement, construction management & inspection services, building inspection, project management, grant application and compliance, document scanning and the day-to-day engineering and building services to assist the Community Development and Public Works Departments.
If approved, the contract services would continue to support the functions of engineering, building plan check, map check, inspection, and code enforcement. The amended contract term of service would be through June 30, 2025. (“EXHIBIT A”)
FISCAL IMPACT:
The services provided under this contract are funded through budgets within the Capital Improvement Program (CIP), permit fees, and developer agreements. General Fund contributions would be for a portion of Code Enforcement and the engineering and inspection within CIP projects that are budgeted to use General Fund dollars but are one-time expenditures.
There is no retainer under the terms of the contract and compensation is on an hourly reimbursement basis for services render ed. The City has t he option to increase or decrease the work performed by CSG Consultants as development and the Capital Improvement Program respond to the fiscal conditions.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
_____________________________
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina
_____________________________
Guido Persicone, A.I.C.P.
Community Development Director
City of Marina
REVIEWED/CONCUR:
__________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN THE CITY OF
MARINA AND CSG CONSULTANTS, INC. OF FOSTER CITY,
CALIFORNIA, FOR ENGINEERING AND BUILDING CONSULTING
SERVIVES TO EXTEND THE CURRENT CONTRACT TO JUNE 30, 2025,
AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AMENDMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW
AND APPROVAL BY THE CITY ATTORNEY
WHEREAS, on April 4th, 2006, the City Council adopted Resolution No. 2006-84, approving an Agreement between the City of Marina and CSG Consultants (the “Agreement”) to provide engineering inspection services to the City’s Engineering Division. The original agreement was amended on July 18th, 2006 (Resolution No. 2006 -184), March 6th, 2007 (Resolution No. 2007 - 44), June 3rd, 2008 (Resolution 2008-119), June 19th, 2012 (Resolution 2012-90), October 16th, 2012 (Resolution 2012 -156), June 21st, 2016 (Resolution 2016 -88), and December 6th, 2016 (Resolution 2016-154). The contract amendments extended the term of service and added staff augmentation for code enforcement, building inspe ction, building plan check, and solid waste franchise agreement review services; and
WHEREAS, at the December 6, 2016 regular City Council meeting, City Council directed staff to issue a Request of Proposals (RFP) for consulting firms providing engineeri ng and building services. Of the seven area firms that received the RFP, CSG was the only firm that responded.
Staff contacted the other potential proposers and found that the firms either partnered with CSG as a sub-consultant or did not have the breadth of services or depth of staff to support the contract; and
WHEREAS, at the regular meeting of August 2, 2017, the City Council adopted Resolution No. 2017-76, a pproving an agreement between the City of M arina and CSG Consultants for engineering and building permit services; and
WHEREAS, CITY and CONTRACTOR entered into a First Amendment to the Agreement dated July 1, 2020 (the "First Amendment"), to extend the term of the Agreement from July 1, 2020 to June 30, 2023; and
WHEREAS, CITY and CONTRACTOR ente red into the Second Amendment to the Agreement dated April 21, 2021 (the “Second Amendment”), to add digital scanning and archiving services to the Scope of Work; and
WHEREAS, CSG Consultants, Inc. has been providing engineering and building services since 2006. With continued development and ongoing capital needs, the City will continue to need the services of consultants in both the Engineering and Building disciplines. Those services include but are not limited to: Development review, plan check for code c ompliance, code enforcement, construction management & inspection services, building inspection, project management, grant application and compliance, and the day-to-day engineering and building services to assist the Community Development and Public Works Departments; and
WHEREAS, if approved, the contract services would continue to support the functions of engineering, building plan check, map check, inspection, document scanning and code enforcement. The amended contract term of service would be through June 30, 2025; and 3 Resolution No. 2023
Page Two
WHEREAS, t he services provided under this contract are funded through budgets within the Capital Improvement Program (CIP), permit fees, and developer agreements. General Fund contributions would be for a portion of Code Enforcement and the engineering and inspection within CIP projects that are budgeted to use General Fund dollars but are one -time expenditures; and
WHEREAS, there is no retainer under the terms of the contract and compensation is on an hourly reimbursement basis for services rendered. The City has t he option to increase or decrease the work performed by CSG Consultants as development and the Capital Improvement Program respond to the fiscal conditions.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Marina does hereby
1. Approve Amendment No. 3 to the agreement with CSG Consultants, Inc. of Foster City California for Engineering and Building Consulting Services, extending the current contract through June 30, 2025; and
2. Authorize and direct the City Manager to execute the Amendment, upon final approval by the City Attorney, on behalf of the City.
PASSED AND ADOPTED, at a special meeting of the City Council of the City of Marina, duly held on the 15th day of August 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
____________________________
Anita Sharp, Deputy City Clerk
4 THIRD AMENDMENT TO AGREEMENT WITH CITY OF MARINA AND CSG INC. FOR
ENGINEERING AND BUILDING CONSULTING SERVICES
THIS THIRD AMENDMENT (“Third Amendment”) to the Agreement for Engineering and Building Consultant Services to City projects and developments on an as needed basis as determined by the City Engineer made this day of _____________, 2023 by and between the City of Marina, a California charter city (“City”) and CSG Consultants, Inc. a California Corporation (“CONTRACTOR”).
CITY and CONTRACTOR are sometimes referred to herein collectively as the “Parties.” Recitals
WHEREAS, CITY and CONTRACTOR entered into the Agreement dated September 11, 2017 (the "Agreement") for services to provide engineering and building consulting services pertaining to City projects and development and to provide support services for the City on an as-needed basis as determined by the City Engineer.
WHEREAS, CITY and CONTRACTOR entered into a First Amendment to the Agreement dated July 1, 2020 (the "First Amendment"), to extend the term of the Agreement from July 1, 2020 to June 30, 2023.
WHEREAS, CITY and CONTRACTOR entered into the Second Amendment to the Agreement dated April 21, 2021 (the “Second Amendment”), to add digital scanning and archiving services to the Scope of Work.
WHEREAS, CITY and CONTRACTOR desire to further amend said Agreement to extend the term of the Agreement from July 1, 2023 to June 30, 2025.
Terms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:
1. “Exhibit B-3” to the Third Amendment is incorporated into the Agreement.
2. Article 2 “Terms of Agreement & Commencement of Work” Section (a) and (b) is amended to read in its entirety.
(a) The term of this Agreement began on September 11, 2017, the date of its full execution, and the Agreement as amended shall expire on June 30, 2025, unless further extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:
(i)This Agreement has been approved by the City’s Counsil or by the board, officer or employee authorized to give such approval; and
(ii)The office of the City Attorney has indicated in writing its approval of this Agreement as to form; and
(iii)This Agreement has been signed on behalf of the Contractor by the person or persons authorized to bind the Contractor hereto; and
EXHIBIT A
5 (iv)This Agreement has been signed on behalf of the City by the person designated to so sign by the City Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.
(b) “CONTRACTOR commenced work on the Project on September 11, 2017. This agreement may be extended upon written agreement of both parties. CONTRACTOR may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the CITY and made part of “Exhibit A.”
3. Article 3 “Compensation” Section (a) and Section (d) are amended to read in their entirety:
(a) “CITY liability for compensation to CONTRACTOR under the Agreement as amended shall only be to the extent of the present appropriation to fund this agreement. For services to be provided under this Agreement and the Third Amendment CITY shall compensate CONTRACTOR in accordance with the provisions of this Section and at the hourly rates attached hereto as Exhibit B-3.”
(b) “CONTRACTOR shall not receive any compensation for Extra Work without the prior written authorization of CITY . As used herein, “Extra Work” means any work that is determined by the CITY to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with “Exhibit B-3.”
All other terms and conditions in that certain Agreement dated September 11, 2017, as amended by the First Amendment, shall remain in full force and effect.
This Third Amendment may be executed in three (3) counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. Counterpart may be delivered by facsimile, electronic mail (including pdf. Or any electronic signature complying with the U.S. ESIGN Act of 2000, California's Uniform Electronic Transactions Act (Cal. Civil Code 1633. let seq.) or other applicable law) or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and be valid and effective for all purposes.
INWITNESS WHEREOF, the Parties hereto have executed this Second Amendment to Agreement for CONTRACTOR to provide Scanning and Archiving Services pertaining to city projects and development for the CITY on an as-needed basis as determined by the City Engineer on the date(s) and year written below.
CITY OF MARINA CSG CONSULTANTS, INC
___________________________ _______________________________ Layne Long Cyrus Kainpour
City Manager President
Date:_________________ Date:_______________
EXHIBIT A
6 (Attestation & Approval Follow)
ATTEST:
By: __________________
Deputy City Clerk
APPROVED AS TO FORM
By: ____________________
City Attorney
EXHIBIT A
7 EXHIBIT B-3
8 EXHIBIT B-3
9 August 10, 2023 Item No: 10g(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 15, 2023
CITY COUNCIL TO CONSIDER ADOPTIN G RE SOLUTION NO. 2023-,
APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF
MARINA AND DESERT STAR SYSTEMS, LLC FOR 3261 IMJIN ROAD (BUILDING 5 18) AT THE MARINA MUNICIPAL AIRPORT , AND
AUTHORIZING CITY MANAGER TO EXEC UTE THE LEASE
AGREEMENT ON BEHALF OF THE CITY, S UBJECT TO F INAL
REVIEW AND APPROVAL BY CITY ATTORNEY
REQUEST:
It is requested that the City Council consider:
1. Adopting R esolution No. 2023-, app roving a Lease Agreement bet ween the City of Marina and Desert Star Systems, LLC for 3261 Imjin Road (Building 518) at the Marina Municipal Airport; 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:
On December 4, 2003 , the City C ouncil approved a lease agreement with Desert Star for 3261 Imjin Road (Building 518). The term of the lease included 5 years with one 3 -year extension.
The lease hold included the 4 ,567 square foot , 2-story office building and 9,850 square foot parking lot directly to the south of the bu ilding. The begin ning rent was $2,283.50 ($.50 per square foot) and had a CPI escalator following the first 5-year term. The lease is now expired and in month-to-month status. The current rent is $2,847.53 ($.62 per square foot).
ANALYSIS:
The proposed L ease Agreement includes a 5 -year term with a City option to extend the lease another 5 years . The square footag e of the lease remain s at 4,567 s quare feet. The exterior leasehold space has been modi fied to include addition ground lease square foota ge for outdoor storage areas and the nonexclusive use of 20 parking spaces (see EXHIBIT “A”). The interior of the bui lding includes office, research and dev elopment and storage space as depicted on EXHIBIT “B”.
The monthly rent payabl e schedule is proposed to begin at $3,653.60 (at the rate of $0. 80 per square foot ). Thereafter, the rent shall increase annually by two and one -half percent (2.5% ) above the monthly rent payable in the prior year as follows:
Rent for Year Two = $3,881.95 per month
Rent for Year Three = $4,110.30 per month
Rent for Year Four = $4,338.65 per month
Rent for Year Five = $4,567.00 per month
1 Rent for Year One of option to extend = $ 4,681.18 per month.
Rent for Year Two of option to extend = $ 4,798.20 per month.
Rent for Year Three of option to extend = $ 4,918.16 per month.
Rent for Year Four of option to extend = $ 5,041.11 per month.
Rent for Year Five of option to extend = $ 5,167.14 per month
The Tenant shall be responsible for all utilities (water, se wer, and gas), trash collection and assessments. Both t enant and City hold responsibilities for maintenance of the building as outlined in Article 10. Maintenance and Repair.
FISCAL IMPACT:
Should the City Council approve this request, the beginning annual rent revenue to the airport will be $43,843.20.
Building lease rent revenue is recorded to Airport Operations Fund 555, Facilities Rents Building Rents, Account No. 555.000.000.00-5460.220.
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. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MARINA AND DESERT STAR SYSTEMS, LLC FOR 3261 IMJIN ROAD (BUILDING 518) AT THE
MARINA MUNICIPAL AIRPORT, AND AUTHORIZING CITY MANAGER TO
EXECUTE THE LEASE AGREEMENT ON BEHALF OF THE CITY, SUBJECT TO
FINAL REVIEW AND APPROVAL BY CITY ATTORNEY
WHEREAS, on December 4, 2003 , the City C ouncil approved a 5-year lease with Desert Star for 3261 Imjin Road (Building 518). The lease had one 3-year extension term; and,
WHEREAS, the lease hold include s the 4 ,567 square foot 2 -story office building , the parking lot directly to the south of the buildin g, and outdoor storage areas. The building is noncompliant with the Americans with Disabilities Act (“ADA”); and,
WHEREAS, the proposed Lease Agreement includes a 5-year term with a City option to extend the lease another 5 years. The square foo tage of the lease includes 4,567 square feet of interior space, 9,097 square feet of exterior space to the northeast of the building for outdoor storage, exterior space for a small shed structure to the west of the building and the nonexclusive use of 20 parking spaces as shown on Exhibit “A”. The interior of the building includes office, research and development and storage space as depicted on Exhibit “B”; and,
WHEREAS, t he monthly rent beginning rent is $3,653.60 (at the rat e of $0. 80 per squ are foot ).
Thereafter, the rent shall increase annually by two and one-half percent (2.5%); and,
WHEREAS, initial annual rent revenue to the airport will be ap proximately $43,843.20. Building lease rent revenue is recorded to Airport Op erations Fund 555, Facilities R ents Building Rents, Account No. 555.000.000.00-5460.220.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Adopt Resolution No. 2023-, approving a Lease Agreement bet ween the City of Marina and Desert Star Systems, LLC for 3261 Imjin Road (Build ing 5 18) at the Marina Municipal Airport; 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 ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of August 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
______________________________
Bruce C. Delgado, Mayor
ATTEST:
____________________________
Anita Sharp, Deputy City Clerk
3 1
MARINA MUNICIPAL AIRPORT
LEASE BETWEEN
TH
E CITY OF MARINA
AND
DESE
RT STAR SYSTEMS, LLC
for
A POR
TION OF BUILDING 518
EXHIBIT A
4 2
Recording Requested by and )
When recorded mail to: )
City Clerk )
City of Marina )
211 Hillcrest )
Marina, CA 93933 )
)
APN 031-112-012 )
LEASE
THIS LEASE (the “Lease”), made and entered into this ____day of September 2023, by and between the CITY OF MARINA, a California municipal corporation ("City"), and DESERT STAR SYSTEMS, LLC a California limited l iability company ("Tenant" or “Desert Star”), as follows:
Recitals:
This Lease is entered into with reference to the fol lowing facts and circumstances, which are hereby found and determined by the parties:
A. City owns and operates the Marina Municipal Airport (the "Airport") located in the City of Marina. The Airport was formerly known and operated by the U.S. Army as Fritzsche Airfield and was part of the Fort Ord Military Reservation.
B. Tenant desires to lease a portio n of the Air port real property, which includes a structure formerly utilized by the U.S. Army as a field operations facility, for use in the Tenant’s non-aeronautical uses of manufacturing and office in connection with Tenant’s business.
C. A s the lease of an existing pu blic structure this Lea se is categorically exempt fro m the California Environmental Quality Act (CEQA) in accordance with CEQA Categorical Exemption 15301.
D. It is mutually agreed that this L ease is upon and subj ect to the following contingency, terms, covenants, conditions and provisions and Tenant covenants , as a material part of the consideration of this Lease, t o keep, perform and comply with each and all of said terms, covenants, conditions and provisions to be kept, performed and complied with, and this Lease is made upon the condition of such performance and compliance.
Terms and Conditions
Conditions Precedent
1. Approval of the terms and conditions of this Lease by the Federal Aviation Administration (FAA).
2. Approval of this Lease by the City Council of the City of Marina.
ARTICLE 1. LEASE OF PREMISES, EASEMENT
5 3
AND RESERVATION, TERM
1.01 Leased Premises. City hereby leases to Tenant, and Tenant hereby le ase s from City, the following real property (APN 031-112-012, a portion) and premises (the “Premises”), being a portion of the Marina Municipal Airport, located within and around Building Number 518 located at 3261 Imjin Road, Marina, County of Monterey, California, as shown on Exhibit A, attached hereto and made a part hereof. The interior space leased consists of approximately 4,567 square feet floor space in a concrete block two story building. The building is not compliant with the requirements of the Americans with Disabilities Act (ADA) and in accordance with Section 8.03 herein. The exterior area includes the outdoor storage space consisting of approximately 1,000 square feet to the west of the building and the parking lot (“Tenant Parking Area”) located immediately to the west of and adjacent and appurtenant to Building Number 518, consisting of approximately 9,850 square feet, including 18 parking spaces with parking for disabled persons, as shown on Exhibit A. Tenant shall have the right to use and allow others to use the Tenant Parking Lot. Tenant may, in a manner approved in advance and in writing by the City, mark or designate parking spaces for its use. An easement is granted for ingress to and egress from the leased Premises for vehicles and the following rights, appurtenances, and easements and no others:
(a)
The exclusive use of the surrounding outdoor paved and unpaved areas as shown within the red line indicating the area of the leasehold on Exhibit A.
b) The furniture, furnishings, fix tures, and equipment, if any, to be set forth in the Schedule of Property attached hereto as Exhibit E and made a part hereof.
The foregoing rights shall terminate simultaneously on expiration or sooner termina tion of this Lease.
1.02 E
asement and Reservation . The following described easement and reservation is hereby reserved by the City:
a) Av
igation Easement. The leased Premises shall be subject to an easement and right of way for the unobstructed pas sage of aircraft in the airspace above the leased Premises, which is reserved by City for the benefit of itself an d all members of the general pu blic operating aircraft which land at or take off from the Airport. Concomitant and coextensive with said easement and right of way, City and general publi c shall have the further right to cause in all airspace ab ove the surface of the leased Premises such noise, vibrations , fumes, dus t, fuel p articles, and other effects that may be caused by th e operation of aircraft landing at or taking off from or otherwi se operating at the Airport. In connection with this easement and right or way, Tenant agrees not to cause or permit any structure , natural grow th, or other objec t on the leased Premises which extends into the airspace over the leased Premises more than 2 10 feet above mean sea level, and not to use or permit the use of the l eased Premises in such a manner as to create electrical interference with radio communications between aircraft and the A irport, to make it difficult for flyers to distinguish between a irport lights and other lights, to impair visibility in th e vicinity of the Airport, or to otherwise endanger aircraft landing at or taking off from the Airport. Tenant further agrees that in the event it causes or permits any structure, natural growth, or other object on the leased Premises which extends into t he airspace over the leased Premises more than 210 feet above mean sea le vel, or otherwise causes or p ermits any condition on the leas ed Premises which endangers aircraft landing at or taking off from the Airport, then City shall have the right 6 4
to enter upon the leas ed Premises and to remove such structure, natural growth, obje ct or condition endangering aircraft landing at of taking off from the Airport, all at Tenant's sole cost and expense.
b) U til
ity Reservation. City reserves the right to install, lay, constru ct, maintain, repair and operat e such sanitary sewers, drains, storm wa ter s ewers, pipeline s, manholes, and connections; water, oil and gas pipelines; telephone, telegraph and electrical power lines; and the appliances and appurtenances necessar y or convenie nt in connection therewith, in, over, upon, through, across and along any and all portions of the leased Premises. No ri ght reserved by the City in this clause shall be so exercised as to interfere unreasonably with Tenant's operations or to impair the security of any secured creditor of Tenant.
c)
Parking. The City reserves the right, with prior written notice to Tenant, to use the parking area in conjunction with special events held at the Airpor t (see 2.03 below). In making use of the p arking area , City shall consider and make a good faith effort to alleviat e adverse effects on Tenant’s operations. City and Tenant ag ree to reasonably c ooperate concerning the City’s occasional use of the parking area.
1.04 T
erm. The term of this Le ase (“Term”) shall be effective upon the Effective Date.
City and Tenant shall co nfirm the E ffective Date of this Lease in writing . The Term shall continue for five years following the Effective Date, to the “Expiration Date” five years hence unless terminated earlier as provided herein.
1.05 Conditi on
al Option to Extend. City shall have the conditional option to renew and extend the term of this Lease (“Optional Term”) by written amendment for an additional period of five years only, through the election and exercise of one five-year option following the Expiration Date in §1.04 hereof. One year prior to expiration of this Lease the City shall seek proposals from qualifying aviation-related users. If the City is unable to lease the site to such user within six months, the City shall offer to the Tenant to renew this Lease for an additional period of up to five years. The monthly rent to be paid by the Tenant for each year of the Optional Term is set forth in Section 4.03. The Optional Term is conditional upon FAA review and Tenant’s acceptance of the terms of the lease amendment. This option may be exercised by the City by its giving written notice to the Tenant not less than 120 days before the expiration of the Term.
1.06 Op
tio n to Extend – Rent Payable. The monthly r ent to be paid by the Tena nt for the conditional five-year option will be increased by two- and one-half percent (2.5%) above the monthly rent payable in the final year of the Term as follows:
R
ent for Year One of option to extend = $ 4,681.18 per month .
Rent for Year Two of option to extend = $ 4,798.20 per month.
Rent for Year Three of option to extend = $ 4,918.16 per mo nth.
Rent for Year Four of option to extend = $ 5,041.11 per month.
Rent for Year Five of option to extend = $ 5,167.14 per month.
1.07 Holding Over. Any holding over after the expiration of the initial or extended term of this Lease with the consent of the City shall be construed to be a tenancy from month- to- month at a monthly rental equal 125% of the monthly rental for final month of the previous term. 7 5
Tenant’s occupancy during any period of holding over shall othe rwise be on the same terms and conditions herein specified so far as applicable
1.08 Te nan t Option to Elect Earl y Termi nation. Provided Te nant is in compliance with all terms and condi tions of this Lease in cluding, but not necessarily limited to the pay ment of rent and other charges, Te nant shall have the option to terminate this Lease following the end of the twen ty-fourth month following the Effective Date by gi ving written notice to the City of Tenant’s election to terminate this Lease at least 180 days prior to the early termination date.
ARTI
CLE 2. USE OF LEASED PREMISES
2.01 Us e. This Lease is made for the purpose of allowing Tenant’s non- aeronautical, use of the le ased Premises and for granting Tenant certain rights and privileges to occu py Building 518 and to use the adjacent areas designated for parking for Tenant's use. Tenan t may use th e Premises in its business operations. Tenant shall not use the leased premises, or any part thereof, or permit them to be used for any purpose, including residential purposes, other than the purpose specified herein without the consent of th e City, such consent not to be unreasonably w ithheld.
There shall be no outdoor storage except within fenced and screened areas approved i n advance and in writing by the City or for storage of hazardous materials approved in advance and in writing by the City’s Fire Chief.
T
he Tenant by accepting this Lease agrees for itself, its successors and assigns that it will not make use of the l eased Premises in any manner that might interfere with the la nding and taking off of aircraft or otherwise constitut e a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the P remises hereby leased and cause the abatement of such interference at the expense of the Tenant.
2.02 A
irport Rules & Regulations. In making use of the leased Premises as specified in this L ease the Tenant shall, in common with all othe r users of the A irport, comply with the following rules and regulations:
a) Tenant acknowledges that it has received and reviewed a copy of the City's Airport Operating Ordinance ( Marina Municipal Code Chapt er 13.22) and shall com ply w ith the minimum op erating standards or requirements p romulgated b y C ity an d applic able to each of Tenant's activities on the Airport.
b) Subject to the provisions of the Califo rnia Code of Civil Procedure §731a, Tenant shall not do or permit to be done upon the Premises any act or thing which constitutes a nuisance, i.e., which may disturb the quiet enjoyment of City, any othe r tenant of City or private businesses on adjacent land or neighboring property. If City notifies Tenant that such a nuisance or disturbance exists, Tenant agrees, within 72 hours from receiving written notice by the City, to abate or otherwise cause said nuisance to be cured. In the event Tenant has not t aken corrective action within 72 hours, the City may enter and abate said nuisance, including but not limited t o entering the Premises and abating the nuisance or disturbance, at the expense of Tenant wi thout any liability whatsoever to City for monetary loss or anticipated profits of Tenant or others.
c) Tenant shall have th e right, at its expense, to place in the leased Premises a sign o r signs identifying Tenant. Said sign or signs shall be of a size, shape and design, and at a location 8 6
or locations, approved in advance by the City and in conformance with any over all directional graphics or sign program established by the Ci ty including section 17.28.060 of the City’s Zoning Ordinance . Tenant shall expeditiously submit its application to the City Pl anning Department to process Tenant’s request for a sign or signs to be affixed to the leased Premises, to be readily visible from Neeson Road. City's approval shall not be delayed or withheld unreasonably. Notwithstanding any other provision of this Lease, any signs shall remain the property of Tenant. Tenant shal l remove, at its own expense, all lettering, signs and placards so erected on the Premises upon termination of this Lease.
d) Tenant shall have the right, at its expense, to place in or on t he Premises trade fixtures, furnishings, personal property, equ ipment and mat erials necessary to perform a ny services provided for or aut horized hereunder . Said trade fixtures, furnishings, persona l property, equipment and materials shall remain the property of Tenant.
e) Tenant shall comply with all federal, state an d local laws, rules and regulations which may apply to the conduct of the busi ness provided for and authorized hereunder, including rules and regulations promulgated by the City, and Te nant shall maintain in effect and post in a prominent place all nec essary or required licenses or permits, inc luding an Occupancy Permit obtained pursuant to Marina Municipal Code, Chapter 15.54 and a City business license pursuant to Marina Municipal Code Title 5, prior to commencing occupancy and oper ations. Tenant shall prepare an Emergency Ac tion/Fire Protection Plan. Current plan shall be kept on file w ith the City's Fire Department.
g) Tenant shall be responsible for the maintenance and repair of the Premises as set forth in §10.02 of this Lease and shall keep and ma intain the Premises in good condition, order a nd repair, and shall surrender same upon the expiration of this Lease in the conditi on in which they are required to be kept, reasonable wear and tear and damage by the elements not caused by Tenant's negligenc e ex cepted. Tenant , by this Lease, specifically waives the pr ovisions of §§1941 and 1942 of the California Civil Code with respec t to the landlord's obligations for the tenantability of leased Premises and t he Tenant's right to make repairs and deduct the expenses of such repairs from rent.
h) Tenant understands and agrees that its right to use the leased Premises for the purposes provided for by this Lease shall not be, and shall not be construed to be, exc lusive of the right of any other person or firm t o ope rate the same or a similar busines s at the Marina Mun icipal Airport and to lease premises at the Airport from the City fo r such purposes, within the meaning of §308A of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1349a). City reserves the right, at its sole discretion, to grant others certain rights and pri vileges upon the Airport which are identical in part or in whole to those granted to Tenant by this Lease, excepti ng any rights with respect to the use or possession of the leased Premises.
i) Ten
ant shall, in good faith use its best effort s to efficiently utilize the facilities covered by this Lease in order to promote and aid the commerce of the Marina Municipal Airport and the use of its facilities at no additional cost to Tenant.
2.03 Spe
cial Events. Tenant understands and acknowledges that the City will, from time to time, conduct special events at the Airport. Tenant agrees to cooperate with the City concerning these events (e.g. allowing the C ity to use the Premis es Par king Area during weekends). City shall provide not less than 14- days prior written notice to Tenant of any special 9 7
event which is expected to have an impact on Tenant’s operations or use of the property.
ARTICLE 3. USE AND MAINTENANCE
OF AIRPORT FACILITIES
3.01 Ma intenance of Airport Faciliti es. The City reserves the right b ut shall not b e obligated to the Tenant to maintain a nd keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport together with the rig ht to direct and control all acti vities of the Tenant in this regard.
3.02 Aeri
al Approaches. City reserves the right to take any action it considers necessary to protect the aerial appro aches of the Airport ag ainst obstruction, together with the right to prevent Tenant from erecting or permitting to be erected, any building or ot her structure on or adjacent to the Premises which, i n the opinion of the City, would limit the usefulness of t he Airport or constitute a hazard to aircraft.
3.03 F
AR Notification R equirements. T enant agrees to comply w ith the notificatio n and revie w req uirements covered in of the Federal Aviation Regulations in the event future construction of a building is pla nned for the leased P remises or in the ev ent of any planned modification or a lteration of any pr esent or future building or structure situate d on the l eased Premises. This requires the submission o f FAA Form 7460-1 Notice of Construction or Alteration to th e FAA. The Tenant by accepting this Lease expressly agrees for itself , its successors and assigns that it will not erect nor permit the erectio n of any structure or building nor permit objects of natural growth or other obstructions on the land leased her eunder above a height as determined by the application of the requirements of Title 14 CFR Part 77. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offen ding natural growth, all of which shall be at the expense of Tenant.
3.04 F
AA Safety & Security Rules & Regulations. Tenant will conform to Airport and FAA safety and security rules and regulations regarding use of the Airport ope rations area including runways, taxiways, and aircraft apron s by vehic les, employees, customer s, visitors, etc., in order to pre vent securi ty br eaches and avoid aircraft incursions and vehicle/ped estrian deviations; will complete and pass airfield safe d riving instruction pr ogram when offered or required by the Airport; and will be subject to penalties as prescribed by the Airport Manager for violations of the Airport safety and security requirements.
ARTI
CLE 4. RENTS AND FEES
4.01 T
ime and Place o f Payment . Tenant shall pay al l rental charges and all other obligations due to the City under this Lease every month in advance on or before the first day of the month during the term of this Lease at the office of the City Finance Director, City Hall, 211 Hillcrest Avenue, Marina, California 93933. The rent for certain mon ths of this Lease may be pro-rated. For purposes of calculating and pro-rating rents and other charges due, each month shall be considered to have 30 days, and each year of the initial or any exte nded term of this Lease to have 360 days.
4.02 Rent: Initial Rent
Amount. The monthly rent payable for the first year of the Term of this Lease shall be $3,653.60 (at the rate of $.80 per square foot for the interior space). Thereafter for 10 8
the Term the monthly rent shall increase annually upon the anniversary of the Effective Date by $.05 above the monthly rent payable in the prior year, as follows:
Rent for Year Two = $3,881.95 per month
Rent for Year Three = $4,110.30 per month
Rent for Year Four = $4,338.65 per month
Rent for Year Five = $4,567.00 pe r month
Tenant shall also pay every month as provided above, the amounts described in Article 12 herein for utilities (water, sewer, and gas), trash collection and related assessments. 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 for the Tenant’s account. Rent and all net charges shall commence upon the Effective Date.
4.03 D
elinquency Charge. . Tenant hereby acknowle dges that late payment by Tenant of rent and other sums due hereunder will cause the City to incur costs not contemplated by thi s Lease, the exact amount will be extremely difficult to ascertain. Should any payments due under this Lease remain unpaid ten days after the due dat e of such payment, a penal ty of 10% shall be added to any payments past due. City and Tenant agree that this late charge represents a fair and reasonable estimate of costs that the City will incur by reason of the late payment o f rent by the Tenant. Acceptance of any such late charge shall not constitute a waiver of Tenant's default with respect to the ov erdue amount, nor prevent the City from exercising any of t he other rights and remedies available to it by reason of such default. Interest on any unpaid rents, charges and any penalty shall accrue at the rate of 1.5% per month thereafter until paid.
4.04 Pe r formance Deposit . Prior to the commencement d ate of this lease, Tenant has paid to the City the sum of $2,751.70, deposited with the City's funds as partial security of future rental and other payments due. The parties agree that these funds will r emain on deposit with the City and shall be cons idered a perform ance deposit under this Lease. I n the event the Cit y is required to utilize th is deposit or any portion thereof during the term of this Lease for the payment of rents, charges, or fees due, Te nant within thirty (30) days from such us e of th e deposit funds shall deposit with the City an a dditional sum sufficient to restore the performance deposit to the amount herein set forth. This performance deposit, o r any remaining portion thereof, shall b e returned to the Te nant without inter est at the t ermination of this Lease, after deduction of any amounts therefro m for payme nt of any obligation of Tenant due and owing t o the City under any of the provisions of this Lease.
4.07 A
ccord and Satisfaction. No payment by T enant or receipt by t he City of a lesser amount of any sum due hereunder shall be deemed to be other than on account of the earliest due rent or payment, nor shall any endorsement or statement on any check or payment, or any letter accompanying any such check or payment, be de emed an accord and satisfac tion, and the City may accept such check or payment and pursue any other remedy available in this Lease, at law or in equity. The City may accept a ny par tial payment from Tenant without i nvalidation or any contractual notice req uire to be given herein (to the extent such contractual notice is required ) and without in validation of any notice require to be gi ven pursuant to California Code of Civil Procedure section 1161 et seq., or any successor statute thereto.
4.08 C
ommissions. City shall not be lia ble for the p ayment of any b rokerage commissions or fees associated with this Lease to engineers, contractors, or attorneys working on 11 9
behalf of Tenant.
ARTICLE 5. TAXES AND ASSESSMENTS
5.01 Pa yment. Tenant shall meet all expense s and payments in connection with the use of the Premises and the r ights and privileges herein granted including a possessory interest tax created by t his Lease, permit and license fees, it b eing understood by Tenant that although the public property is he ld in public ownership, Tenant's interest therei n will be taxable a s a possessory i nterest (California Revenue & Taxation Code §107.6). Tenant shall pay any personal propert y t axes levied on Tenant's inventor y, furnishings, per sonal property or tra de fixtures. Tenant may, a t its sole ex pense and cost, contest any tax or fee. All taxes, fees, assessments, charges, etc. shall be paid prior to their delinquency date and satisfact ory evidence that such taxes have been paid shall be furnished to the City.
5.02 J
oint Assessment . If the Pre mises are not separately assessed, Tenant's l iability shall be an equitable portion of the possessory interest taxes for all of the land and improvements included within the t ax parcel assessed, such proportion to be determined by the City from the respective valuations assigned in the assessor's wor k sheets or such other information as may be reasonably available. The City's reasonable determ ination thereof, in good faith, sha ll be conclusive.
5.03 A
ssessment by the Monterey County Water Resources Agency (MCWRA).
Tenant shall pay any assessment lev ied b y the MCWRA . If the leased P remises are not separately assessed by MCWRA, Tenant’s liability shall be an equitable portion of the MCWRA assessment for all of the land and improvements of which the Premises are a part included within the pa rcel(s) so assessed, such proportion to be determined by the City from the respectiv e valuations assi gned i n t he MCWRA's wor k sheets or such other information as may be reasonably av ailable. The City's reasonable determin ation thereof, in good faith, shal l be conclusive provided, however, Tenant m ay appeal the City's determination of the proration of any MCWRA assessments to t he City Council, whose decision shall be final. In the ev ent Tenant fails to pay any assessment w hen due, the City may, at its option, pay the same and collect from Tenant’s performance de posit ( see Section 4.06) th e amounts so disb ursed, plus interest at the rate of 10% per annum or fraction thereof.
ARTI
CLE 6. SUBORDINATE TO FEDERAL
AGREEMENT AND REGULATIONS
6.01 Subo
rdinate to Agreements with U.S. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States government or any departm ent thereof relative to federal aid for the deve lopment and maintenance of the Airport or the development, operation or maintenance of the Airport. Failure of the Tenant or any occupant to c omply with the re quirements of any ex isting or future agreement between the City and the United S tates, which failure shall continue after reasonable notice to make appropriat e corrections, shall be cause for imm ediate termination of Tenant’s rights hereunder. Tenant ackn owledges it has been given an opportunity to review the Deed of Conveyance for t he leased Premises from the U.S. Army to the C ity and agrees to comply with all requirements pertinent to Tenant's activities contained in that document.
6.02 War
or National Emergency. This Lease and all provisions hereof shall be subject 12 10
to whatever right the Unite d States government has affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during a time of war or national emergency.
6.03 Co nformance with Federal Aviation Administration Regulations. Tenant agrees that Tenant's use of the leased Premises, including a ll future construction, modif ication or alteration thereon, s hall comply with all applicable Federal A viation Administration regulations now in force or that may be hereafter adopted by F ederal authority. This Lease an d Tenant’s occupancy of the leased Pr emises is governed by and subje ct to the provisions set forth in the Federal Aviation Administration A ssurances (“Exhibit D ”) att ached hereto and incorporate d herein by this re ference and as they may be amended in the f uture. In the event of a conflict between the Federally A viation Administration Assurances and th e terms and conditions of this Lease, the Federally Aviation Administration Assurances shall prevail and control.
6.04 Fed
eral or S tate Grants . Ci ty and Tenant agree to mutually coope rate in any application fo r s uch economic de velopment grants a nd loans as may be available to City or Tenant for relocation, job training and economic development of the Airport.
ARTI
CLE 7. NON-DISCRIMINATION
7.01 Non-D iscrimina tion.
(a) Tenant, for its personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree "as a covenant running with the land" that i n the event fa cilities are con structed, maintained, or otherwise operated on the leased Premises for a purpose for which a D epartment of Transportation (DOT) program or activit y is extended or for another purpose involving t he provision of sim ilar services or benefits, Tenant shall maintain and operate such facilities and services in compliance wi th all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted P rograms of the Department of Transportation, and as said Regulations may be amended.
(b) Tenant, for its personal representatives, su ccessors in interest, a nd assigns, as a part of the consideration hereof, does hereby cove nant and agree "as a covenant running with the land” that: (1) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased Premises, (2) that , in the construction of any improvements on, over, or under such land and the furnishing of services t hereon, no person on the grounds of race, col or, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that Tenant shall use th e leased P remises in compliance with all other requirements imposed by or pursuant to 49 CFR Pa rt 21 , N ondiscrimination in Federally Assisted Programs of the Department of Tran sportation, and as said Regulations may be amended.
13 11
(c) The Tenant assures that it will comply with pertinent statutes, Executive Orders and such rules as are promul gated to a ssure that no person shall, on the grounds of race , color, national origin, se x, age or handicap be excluded f rom participating in any activity c onducted with or benefiting from Federal assistance. Th is provision obligates the Tenant or its transferee for the period during which Fe deral assistance is ext ended to the airport program, except where Federal assistance is to provide, or is in the form of, personal property or real property or interest therein or structures or improvements thereon. In thes e cases, this provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is use d by t he City as the Airpor t sponsor or any transferee f or a purpose for which F ederal assistance is exten ded, or for another purpose involvin g the provision of similar services or benefits; or (b) the period during which the City as the Airport sponsor or any transferee retains ownership or possession of the p roperty. In the case of contractors, this pr ovision binds the contractors from the bid solicitation period through the completion of the contract.
(d) In the eve nt of breach of any of the nondiscr imination covenants, City ( through the City Manager/Airport Manager) shall have the right to terminate thi s Lease, and to re -enter the Premises, and hold the same as if this Lease had never been made or issued. This provision does not become effective unt il the procedures of 49 Code of Federal Reg ulations Part 21 are followed and completed including expiration of appeal rights.
7.02 Co
mpliance with Non -Discrimination Covenants. Witho ut limiting the generality of any other terms or provisions of this Lease, noncompliance with Section 7.02 above shall constitute a material breach thereof and in the e vent of such noncompliance City (through the City Manager/Ai rport Manager) shall have the right to terminate this Lease and the estate hereby created without liability therefor or, at the election o f the City of the United States, either or both said governments shall have the right to judicially enforce Sections 7.01 and 7.02 of this Article 7.
7.03 A
ffirmative Action Program. If Lessee employs 50 or more persons in its aviation workforce, the Lessee will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered sub organizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR Part 152, Subpart E, to the same effort.
ARTI
CLE 8. CONDITION OF THE PREMISES
8.01 A
cceptance of Leased Premises. Tenant understands that the leased Premises were formerly used by the federal government as part of an Army air base, th at surrounding lands which were also part of such Army air base have, in the past been foun d to contain concentrations of vol atile organic ch emicals w hich exceed standards prescribed by the environmental agencies and the state and federal governments. Pur suant to Health & Safet y Code §25359.7(a) Tenant is provided this notice that the structure may contain asbestos materials and lead-based paints. The City has provided to the Tenant an asbe stos survey report prepared 14 12
by the U.S. Army Corps of Engineers for Building 518, wh ich is attached hereto as Exhibit E.
Tenant acknowledges that City has g ranted to Tenant the r ight to review all maps and recor ds of the old Army air base presently on fil e in the office of the City's Planning Departmen t as well as the r ight to inspect th e leased P remises and perform any tes ts of the soils and improvements thereon or the groundwate r thereunder, all in order t o a fford Tenant a full and complete opportunity t o investigate and determine whether the leased P remises can be used for the purposes for which it is being leased.
8.02 No Warranty. Tenant further understand s and agrees that no representation, statement, or warranty, express or implied, has been made by or on behalf of the City as to the condition of the leased Premises or the suitability of the Premises for its intended use, save and except for the representation and warranty that no City officer, employee, contractor, subcontractor, tenant, subtenant or agent has caused any condition of pollution or contamination which may now exist on the leased Premises. Such representation and warranty, however, shall not extend to any condition of pollution or contamination caused by the federal government. Upon entering into occupancy, Tenant also agrees to accept the leased Premises in its present condition and "as is", with respect to all conditions which may now exist on or under the leased Premises save and except for any condition of pollution or contamination caused by an officer, employee, or agent of City. Moreover, 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 leased Premises, its soils and/or the groundwater underlying the leased 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 leased 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. Tenant is not responsible for the cost of environmental abatement, remediation or cleanup of pollution or contamination which is unrelated to the activities of the Tenant, or its officers, employees, agents, contractors or invitees, on the Premises.
8.03 A mericans with Disabilities Act (ADA). The Building 518 described in this Lease and the real property of whi ch it is a part has not under gone inspection by a certified access specialist (CASp) and has not been determined to meet al l applicable const ruction-related accessibility standards pursuant to California Civil Code Section 55.53. I n accordance with a written agreement between the Cit y and the Tenant pe r California Civil Code section 1938(b).
Tenant understands and acknowledges that, with the exception of: (1) an ADA compliant path of travel from the public way to inside the bui lding, including common area; and the common area ADA comp liant res troom on t he first floor of the Building, the City makes no repre sentation concerning the P remises compl iance with the ADA. A CASp can inspect the P remises and determine whether the subject p remises comply with all of the applica ble constr uction-related accessibility standards under state law. Although state l aw does not require a CASp i nspection of the subject Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspec tion of the subject Premises for the occupancy or potentia l occupancy of the lessee or tenant i f requested by the l essee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CA Sp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.
15 13
Tenant is solely responsible for determining whether o r not Tenant’s intended use of Buildi ng 518 and the leased Premises will be or is in compliance with the ADA. The City and Tenant acknowledge that certain portions of Bui lding 518 remain inaccessib le for some disabled individuals. Upon the Effective Date of th is Lease, Tenant shall be respon sible for the leased premises compliance with the ADA an d T enant sh all hold the City ha rmless f or any liability, loss, damages or claim arising out of or related to compliance with the ADA.
8.04 D isclosure to Sub Less ees a nd Assignees. Tenant agrees tha t in the event Tenant subleases all or any portion of the Premises or assigns its interest in t his Lease, Tenant sh all indemnify and defend the City for, from an d agains t any matters which arise as a result of Tenant’s failure to disclose any relevant info rmation about the Pre mises or the improvements to any subtena nt or assignee. It is the intention of the City and T enant that the imme diately preceding sentence shall su rvive any release of Tenant by the City upon any a ssignment of this Lease by Tenant.
ARTI
CLE 9. LEASEHOLD IMPROVEMENTS
9.01 Im
provements to Leased Premises. During the initial or any extended term of this Lease Tenant or its contractors or su bcontractors shall not make any additions or alterations to the improvements on the leased Prem ises which attach to, alter, o r in any w ay affect the structural integrity of the Premises, w ithout the prior written consent of the City, such consent not to be unreasonably delayed or withheld. Moreover, upon recei ving consent to make an addition or alteration to the improvements on the leased Premises which attach to, alter or in any way affect any structural eleme nt of Building 518, Tenant or its contractors or subcontractors shall not commence work on the constru ction or installation of such added or altere d improvement until plans and specifications for same have been submitted to and approved by the City's review processes and a b uilding permit issued. Dur ing the initial or any extended term of this Lease, Tenant may make or cause to be made improvement which do not attach to, alter or in any way affect th e s tructural integrity of the Premises and are required for Tenant’s use. I n making any such improvement Tenant shall obtain all required permits and be solel y responsible for any damage to the Premises. Prior to making any improvements that do not attach to, alter or in any way affect the structural integrity of the Premises Tenant shall notify the Airport Manager in writing concerning the improvement and the Airport Manager shall have ten calendar days to object. If the Airport Manager lodges an objection to the improvement the Airport Manager and Tenant shall work in good faith to achieve the Tenant’s goal.
9.02 P
erformance Bond. Tenant shall cause to be made, executed and delivered to City, prior to the date of commencement of any work in or on the leased area which attach to, alter or in any way aff ect any structural element of Building 518, pe rformance bonds approved as to form and as to surety by the C ity, with Tenant or Tenant's contr actor as principal, a nd the Ci ty specifically named as an additional insured, each in t he sum of one hundred percent (100%) of the amount of the contract for all work costing in excess of $5,000.00 for a) the said re quired work in accordance with the approved plans and specif ications and b) to provide that if Tena nt or its contractor or contractors fail to pay for an y materials, provisions or other supplies, use d in or upon, for or about the performance of the work to be done, or for any work or labor the reon of any kind, that the surety will pay the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee as set by the 16 14
court.
9.03 Ins
urance. Before commencing any work w hich attaches to, alt ers, or in any way affects any stru ctural element of Building 518 which work will be performed by Tenant or its contractors and/or subcontractors engaged by the Tenant , Tenant agrees to obtain, or cau se to be obtained, with a responsible insurance carrier authorized under the laws of the State of California to insure em ployees against liability fo r compensation under the Workers Compensation Insurance and Safety Act, compensation insurance coverin g full liability for compensation under said Act, for any person injured while performing any w ork or labor incidental to the work in or on the leased Premises.
9.04 Ti
tle to Improvements. Upon t ermination of this Lease or any extended periods thereof, all additions or alterations to the i mprovements on the le ased Premises made by Tenant or its contractors or subcontractors shall become the property of the City without payment of any compensation therefor; provided, h owever, that upon termin ation of th is Lease, City sha ll have the option to require Tenant to re move any or all added improvements or restore any altered improvement to the same condition as it was at the comm encement of the term of this Lease, all at Tenant's sole cost and expense.
9.05 P
revailing Wages. Tenant shall abide by the regulations promulgated by the Fort Ord Reuse Authority in the FORA Master Resolution regarding the payment of prevailing wages for construction and/or improvement projects on f ormer Fort Ord propertie s including the requirement that Tenant, any c ontractor, and any subcontractor performing work for which prevailing wages are required on t he Premises be registered with the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code 1725.5. For any w ork paid for in whole or in part by public funds, Tenant shall comply with the r equirements and implementing regulations of California Labor Code §1720 et seq. for payment of preva iling wages on “public works projects.
9.06 Im
provements by the City. Ex cept as otherwise ex pressly set forth in this Lease, the City is not obligated to const ruct or install any i mprovements on or off of the leased Premises. The City shall have no obligation on account of any construction or installation of any improvement by Tenant to pay for all or any portion of the costs or expenses arising out of such construction or installation.
9.07 R
ight of Entry for Construction and Maintenance . The City and Tenant each agree that the other shall be permitted to enter upon its property, as may reasonably be necessary in order for Tenant to make the Improveme nts or do other work requi red by this Lease or in order for the City to fulfill its responsibilities to make improvements and for maintenance as set forth in Section 10.01, and to maintain or repair the respective party’s property. The right of each party to ent er the other’s prope rty or the Premises shall ex tend to such party’ s lessees, and licensees and contractors. A party’s exercise of its right of entry shall not unreasonably interfere with the other party’s use of its property. Any interference shall be temporary and all work on the entering party’s property shall proceed expeditiously as necessary to avoid or minimize any such interference. The City shall provide reasonable advanced notice prior to entry to the property and make reasonable efforts to do so during normal business hours. A party intending to exercise the right of entry shall first give to the other party reasonable prior writte n notice bef ore commencement of any work on the other party’s property. In the event a part y’s entry results in 17 15
any damage to the other party’s property, the same shall be repaired expeditiously at the entering party’s expense.
9.08 Prevailing Wage Required .
(a
) Prev ailing Wage Standards.
(1
) Basi c Requirements. Tenant agrees that, with respect to any construction at or on the Premises for which prevailing wage is required by California Labor Code §1720 et seq. for work paid for in whole or in part from public funds or for “First Generation Construction Work” pursuant to the FORA Master Resolution Section 3.03.090. For the purposes of det ermining whether prevailing wage applies, Tenant and its contractors and subcontractors shall be considered as transferees o f a F ORA membe r a gency, Tenant (and its contractors and subcontractors) sha ll comply with the th en current Public Works Prevailing Wage Requirements, as the same may be amended from time-to-time (collectively, the “Prevailing Wage Requirements”).
(2
) Ad ditional Preva iling Wage Provisions . Th e following provi sions of this Section apply only if, and to the extent that, the Prevailing Wage Requirements are applicable:
(a) The Prevailing Wage Require ments shall apply to the employees of any em ployer including Tenant and any Tenant’s contractor(s) or subcontractor(s), including t heir successors and assignees, but shall not apply to supervisory or managerial personnel or to persons employed in the operation or maintenance of the Premises.
(b) Tenant shall cause the provisions of this Section to be incorporated into each contract and subcontract for e ach Tenan t contractor and subcontra ctor which would be subject to this Section. In the event the provisions are not so incorporated, Tenant shall be liable to the worker in any action for the diffe rence between the prevailing wage ra te required to be pai d under the Prevailing Wage Requirem ents and the amount actually paid to the worker, including costs and attorney fees, as if Tenant were the actual employer.
(c) Nothing in this Lease shall prevent the employment of any number of prope rly registered apprentices, as defined in Chapt er 4, Division 3 of the California Labor Code. Every such apprentice shall be paid not less th an the standard wage paid to apprent ices under the regulations of the crafts or trade at which the apprentice is employed and shall be employed only at the work o f the craft or trade to whic h the apprentice is registered. The employment and training of eac h apprentice shall be in accordance with the provi sions of the apprenticesh ip standards and apprentice agreements u nder which the ap prentice i s in training. Tena nt and Tenant’s contractors and subcontractors shall be responsible for co mplying with Section 1777.5 of the California Labor Code concerning apprentice-able occupations, with respect to all work covered by that section.
(d) Tenant agrees that to the extent that Tenant and its contractors and subcontractors are required to comply with the Prevailing Wage Requirements . Tenant shall assure that all workers are paid the prevailing rate of per diem wages, an d travel and subsistence paymen ts (defined in applicable collective bargaining agreements filed in accordance with the California Labor Code), in effect at the time the work is performed. Copies of the applicable prevailing rate of per d iem wages are on fi le a t the City’s Building Divis ion office and will be mad e available to any 18 16
interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the leased Premises.
(e) Except where t he context otherw ise requires, the d efinitions of terms a nd phrases contained in the Ca lifornia prevailing wage law, Sections 1720 et seq. of the California Labo r Code, and in the i mplementing administrative regulatio ns, s hall appl y t o the same terms and phrases which are used in the Prevailing Wage Requirements of this Section 9.08.
(f) In the event a civil wage an d penalty assessmen t is served by the Labor Commissioner, acting through the Division of Labor Standar ds En forcement, on the City, the Tenant, or any contractor or subcontractor of the Tenant, as a r esult of th e failure of Tenan t or any of its contractors or subcontractors to comply with this Section 9.08, Tenant shall w ithhold from amounts due to the cont ractor or subc ontractor sufficient funds to satisfy the assessment and, if the assessment becomes final, T enant shall pay as a penal ty to the City the amount determined by the Labor Commissioner in ac cordance with California Labor Code § 1775,as the penalty assessment payable for each worker for each day, or portion thereof, such worker was paid less t han the a pplicable prevailing wage rates for such work or craft in which such worker was employed. Furt her, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Tenant or by Tenant’s c ontractor or subcontractor. Tenant, and each affected contra ctor and subcontractor, shall have the right to request a review by the Labor Commissioner of the civil wage and penalty assessment served by the Labor Commissioner by transmitting a written request for review to th e Labor Commissioner within sixty da ys af ter servi ce of the assessment, and Tenant and its c ontractors and subcontractors shall not be obligated to pay the civil w age and penalty assessment to the City until a final written decision aff irming, modifying or dismissing the assessment is issued by the Labor Commissioner.
(g) The Prevailing W age Requirements of this Se ction 9.08 will b e monitored and enforced by the City’s Building Division. In addition to any other rights provided by Ca lifornia law to reco ver compensation, a worker that has been paid less than the prevailing wage rates shall have a right to commenc e an action or procee ding against the employer of t he worker for the difference between the prevai ling wage rates and the amount paid to such wor ker for each calendar day or portion ther eof for w hich the worker was paid less than the com pensation required to b e paid under the provisions of this subsection. No is sue other than that of the liability of t he employer for the amount of unpaid wages allegedly due shall be deter mined in such action or proceeding, and the burden shall be on the e mployer to establish that the amounts demanded are not due. A worker r ecovering any or all of the wages claimed to be due shall recover his cost s and attorney fees in securing such recovery. Nothing in thi s Section shall preclude its enforcement by the California Division of Labor Standards Enforcement.
( h) Tenant agrees t o keep or cause to be kept by each contractor and subcontractor an accurate payroll record fo r each worker employed on work covered by this Section showing all of the information specified in subsection ( a) of Section 1776 of the California Labor Code. Al l such payroll records shall be certified, available for inspection and fi led monthly in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 and Section 1771.4 of the Cali fornia Labor Code . In addition, copies of such certified payroll records sh all be filed with the City within a reasonable time not to exceed thirty days from close o f payroll by the respective employer. In the event Tenant or its contractor or subcontrac tor fails to make the 19 17
certified payroll records available for inspection within ten days of a written request made by the Labor Commissioner, acting through the Division of Labor Sta ndards Enfor cement, and a penalty assessment is ser ved or levied by the La bor Commissioner a rising out of such failure, Tenant shall forfeit as a pen alty to the City a penalty assessed per calend ar day, or portion thereof, for each w orker determined i n accordance with Cal ifornia Labor Code §1776, not otherwise paid to the Ci ty by the contractor or subcont ractor who failed to comply with California Labor Code §1776. In a ccordance with California L abor Code §1813, in the eve nt Tenant or its contrac tor o r subcontractor requi res or permits a w orker to work in violation of California Labor Code Divis ion, 2, Pa rt 7, Chapter 1, Art icle 3 (payment for work in excess of eight hours in one calendar day and forty hours in one calendar week), Tenant shall for feit as a penalty to the C ity t he sum of Twe nty-five Dollars ($25.00) for each w orker so employed, provided suc h penalty is not otherwise c ollected from the co ntractor or subcont ractor who permitted its worker(s) to work in violation of such California Labor Code provisions.
(i) It is understood and agreed that a ll documents that T enant is required to s ubmit to or file with the City unde r this Section shall c onstitute public records that shall be availab le to any member of the public for review or copying in accor dance with the Cal ifornia Public R ecords Act and in accordance with re strictions on disclos ure of per sonal identification information set forth in the California Labor Code.
(j ) Tenant shall i ndemnify, defend (with counsel approved by the City) and hold the City, its officers, officials , employees, and agents harmless fro m and against all cla ims wh ich directly or indirectly in whole or in part, are caused by, arise in connection with, result fr om, relate to, or are alleged to be caused by, arise in conne ction with, or relate to the payme nt or requirement of payment of prevailing wages (including without limitation, all claims that may be made by cont ractors, subcontrac tors or other third party claimants pursua nt to Labor Code Sections 1726 and 1781) or th e requirement of competitive biddi ng, the failu re to comply with any state or federal labor laws, regulations or standard s in c onnection with the Lease, including but not limited to the prevailing wage laws, or any act or omission of Tenant related to this Lease with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insura nce policies shall have been determined to be applicable to a ny such claims. It is further agreed that City does not and will not waive any rights against Tenant that it may ha ve by reason of this i ndemnity and hold harmless agreemen t because of the accep tance by City, or deposit by Tenant to City of any of the ins urance policies described in this Lease. The provisions of this subsection survive the expir ation or earlier termination of this Lease. The indemnification obligations of Tenant as set forth in this section shall not apply to claims arising from the gros s negligence or willful misconduct of the City, its officials, officers, employees or agents.
(k) Contractors or subcontractors shall not be q ualified to perform w ork on improvements or be listed in a bid proposal for such work, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of an y contract for the work, unless currently registered and qualified to perform publi c work pursuant to Section 1725.5 of the Labor Code.
9.09 P
erformance and Labor and Material Bonds . Before the commencement o f any construction work hereunder for improvements, the City will require that Tenant, or its contractors, a t no cost or expense t o the City, furnish to t he City the following security 20 18
concerning Impr ovements to be constructed by or on behalf of T enant and covering any obligation of Tenant under the Prevailing Wage Requirements provisions of this Lease:
(a ) Performance Bond. A bond i n cash, or securities satisfactory to the City in its sole discretion, or issued by a surety company licensed to tr ansact business in the Sta te of California and satisfactory to the City, in a sum of not less than 100% of any construction contract (or in the event Tenant serves as its own general contractor, 100% of the anticipated construction costs of the Tenant improvements ) fo r the proposed Tenant improvements, payable to the City and conditioned upon full, faithful a nd satisf actory performance by Tena nt its contractor(s) of the such Tenant i mprovements within the period of time specif ied i n the construction schedule.
Upon Tenant’s or its contractor(s) full, faithful and satisfa ctory performance a nd completion of the such Tenant improvements, said bond shall be cancelled or returned to Tenant or contractor, as the case may be; otherwise, such part of the amount of the bond a s shall be required to complete such Tenant improvements shall be payable to or retained by the City, as the case may be. In the event that said bond shall be in cash, the City shall have the right to invest and reinvest the same as it shall see fit, and any in terest earned thereon during the time it is so held by the City shall accrue to and belong t o the City, and Tenant or contra ctor shall have no inter est in or claim thereto.
(b
) Labor and Materi al Bond. A bond in cash or securities satisfactory to th e City in its sole discretion, or is sued by a surety com pany licensed to tr ansact business in th e State of California and sati sfactory to the City with T enant’s contractor(s), as pri ncipal(s), in a su m not less than 100% of any construction contract (or in the event Tenant serves as its own general contractor, 100% of the anticip ated construction cos ts of the Te nant improvements) for the proposed Tenant improvements as such costs are set forth in the estimated Tenant improvement completion costs, guaranteeing the payment for all materials, provisions, provender, supplies and equipment used in, upon, for or about the performance of said work or labor done thereon of any kind whatsoever and protecting the City from any liability, losses or damages arising therefrom.
(c
) General. In the event and to the extent that Tenant obtains from Tenant’s contractor(s) the bonds required he reunder which are satisfactory to the City, the Cit y, upon application by Tenant and upon naming the City as an additional obligee of Tenan t’s principal and surety under such bond or bonds, shall release Tenant from and consent to the cancellation of the bond or bonds originally furnished by Tenant. It is understood and agreed that any bond which, as to the City as o bligee, is conditioned upon Tenant making a ll necessary paym ents to the contr actor shall not be satisfactory to the C ity. A com bination perform ance and labor and material bond shall satisfy the foregoing requirements of this Section.
9.10 No
Right to Dem olish. Notwithstanding any other provision s of this Articl e, Tenant has no r ight to demolish the Tenant improvements , once bu ilt, or to remove any improvements in whole or in part, unless Tenan t has received the prior written approval of the City.
9.11 In
surance. Before c ommencing any construction work and dur ing the course of construction, Tenant agrees to obtain, and cause its contractor(s) to be obtain, with a responsible insurance carrier authorized under the laws of the State of California to insure employees against liability fo r compensat ion under the Workers Compensation Insu rance and Safe ty Act, compensation insurance c overing full liability for compensation under said Act, for any pe rson 21 19
injured while performing any work or labor incidental to the work in or on the leased Pre mises.
During the course of construction, Tenant shall, at its cost, keep in full force and ef fect a policy of builder's risk and liability ins urance, including i nstallation floater covera ge, in a sum equal, from time to time, to the agreed full replacement cost of Buildings 533 prior to completion of the improvements, such amount to be provided by t he City prior toc c ommencement of construction work plus the estimated amount to be expended for construction of the improvements. All risk of loss or damage to the improvements during the course of constr uction shall be on Tenant with the proce eds from in surance thereon pa yable to Tenant. The Ci ty and Tenant’s general contractor shall be additional named insureds on Tenant’s builder’s risk and liability insurance.
ARTICLE 10. MAINTENANCE AND REPAIR
10.01 C ity's Obligation under this Lease. The City s hall be responsibl e for the following maintenance and repair of Bu ilding 518 for the initial and any extended term of this Lease:
(a) Maintaining and repairing, with the exception of painting, all structural elements of the building's exterior walls, surfaces and foundations.
(b) Maintaining the wa tertight integrity of the building's exterior walls.
( c) Maintain, re pair, or replace as required roof coverings, gutters and drains.
(d) Maintain and repair all exterior underground plumbing, drains and utility connections.
(e) Maintaining in com pliance with applicable law, regulations and codes, the interior fire alarm system. Any damage to the interior fire alarm system resulting from tenant misuse or negligence shall be repaired or replaced by the Tenant.
10.02 T
enant's Obligations under this Lease. Tenant promptly pay its prorate share, as reasonably determined by the City, of any maintenance or repair of such portion of the leased Premises. City and Tenant shall negot iate in good faith to equitably amortize the cost of any capital repairs over the anticipated life of the repair and Tenant shall pay a proportionate s hare based upon the remaining term of this Lease , or any extension t hereof. Failure to pay such prorate share of costs, shall be deemed a material breach of this Lease by Tenant. Tenant shall be responsible for the f ollowing maintena nce and repair of Te nant’s leased Premises within Building 518 for the initial and any extended term of this Lease.
a)
Maintenance, repair or r eplacement of i nterior s ystems and components for the electrical, plumbing, ventilation, and mechanical systems.
b) Obtain all building permits and com ply with applicable fire and building codes for all tenant improvements. Existing tenant improvements must be permitted within 120 days of the execution of this lease.
c) Tenant will add upstairs and downsta irs heating elements, each 36000 BTU across four (4) exchangers. The heating elements must be permitted and installed within six (6) months of the execution of this lease.
22 20
d) T enant will replace and maintain the interior lighting system with energy efficient LED lighting systems throughout the facility.
e) Interior and ext erior glass, glazing, if any, and doors damaged by Tenant or its invitees.
d) All interior walls, ceilin g, floors, bathrooms, drains and other structure s or components, if any.
e) All compressed air and gas line systems and components.
f ) All air conditioning systems and components, if any.
g) All communication systems and component s.
h) Maintaining in compliance with regulations issued by the City’s Department of Public Safety, all fire sprinklers and interior safety systems alarms and controls, in addition to the requirements of Section 2.02(f).
i ) All security alarm systems and components, if any.
j ) Maintenance, sweeping and keeping cle ar of refuse, regular t rash and waste removal, repair or replacement of sidewalks, driveways and asphalt parking areas as well as any damage to the building structu re or components or paved surfaces caused by Tenant or its invitees.
k) G eneral maintenance and upkeep of the leased Premises not specified herein.
10.03 S
urren der. On the last day of this Lease, Tenant shall surrende r the le ased Premises to the City in the sa me condition as when received, broom clean, ordi nary wear and tear excepted. Tenant shall repair any damage to the leased Premises occasio ned by the removal of Tenant's trade fixtures, furnishings and equipment which repair shall include the patching and filling of holes and repair of structural damage to the City’s satisfaction.
ARTI
CLE 11. DAMAGE OR DESTRUCTION
OF IMPROVEMENTS
11.01 Des t
ruction or Substantial Damage of Premises.
a) If, during the in itial o r any extended te rm of th is Lease, any of t he insured improvements now or hereafter located on the leased Premis es are su bstantially damaged or destroyed by a fire or other casualty (excluding earth quake or flood) beyond Tenant's control, City shall proceed with reasonable diligence to restore the leased Premises substantially to the condition t hereof immediately prior to su ch da mage or destru ction; provided, however, that either party may elect to t erminate this Lease by giving written notice of suc h elect ion to t he other party prior to commencement of restoration and not later than 30 days after the date of loss, if the necessary restoration work would reasonably require a period longer than 90 working days to complete, or City may elect to terminate withi n 30 days of the date of loss if the total of the 23 21
necessary restoration work would reasonably require the expenditure of more than fifteen thousand dollars ($15,000.00) including insurance proceeds. In no event will City be required to repair or re place T enant's stock in trade, f ixtures, improveme nts, furniture, furnishings a nd equipment.
(b) If, during the initial or any exte nded term of thi s Lease, any s ubstantial damage or destruction occurs to t he leased Premises and the cost to repair the da mage or destruction that is not covered by insurance exceeds fifteen thousand dollars ($15,000.00) , the City may terminate this Lease upon giving t hirty (30) da ys prior written notice to the Tenant; provid ed, however, that the Tenant shall have the right t o elect to pay the diffe rence between the cost of repairing or restoring the damaged or destroyed improvements and fift een thousand dollars ($15,000), in which case this Lease shall remain in full force and e ffect, and Tenant shall proceed with reasonable diligence to restore the Premises.
c) In no event w ill the City be required t o make repairs for any damage caused by the wi llful acts or negligence of Tenant or T enant's employees, agents , subtenants or inv itees, which damage Tenant shall promptly repair , replace or restore at Tenant's sole cost and expense.
Upon any termination of this Lease under this section, City and Tenant shall be released thereby without further obligation to each other, except for obligations which have theretofore accrued and are then unpaid or unperformed.
d) In the event tha t r estoration is made pursuan t to this section, this Lease shall remain in ful l force and effect, a nd City sha ll b e entitled to and shall have possession o f the necessary parts of the leased Premises for su ch purposes, an d if ther e is any substantial interference with Tenant's business on account of such repairs, Tenant sha ll be ent itled to a proportionate reduction of rent during the time th at said repairs are being made from the date on which such damage o ccurred until t he City c ompletes repairs computed on the basis of the relation which the gross square foot area of spac e rendered untenantable bears to the total square footage of the Premises and the exte nt to which the Premises are unusable by Tenant. S hould any dispute arise over the reduction of rent to w hich Tenant is entitled, such dispute shall be resolved according to the provisions of §17.04 of this Lease.
11.02 Wai
ver. Except as otherwise specif ically provided in this section, Tenant specifically waives the provisions of §§1932 and 1933 of t he California Civil Code with respect to the ter mination of the hirin g of a thing by virtue of th e perishing or de struction of the thing being hired.
ARTI
CLE 12. UTILITIES, GARBAGE COLLECTION & ASSESSMENT
12.01 P
rovision of Utilities. Tenant shall have the right to use the utility service facilities serving the Premises at the commencement of the Term of this Lease. The City will use its best efforts to continue all utility services, but it cannot and doe s not guarantee that there will be no interruptions of service and Tenant her eby waives any rights or claims it may have resulting from temporary interruptions of service. To the extent it has knowledge the City will provide notice of any work scheduled w hich may interrupt the utility service to the leased Premises. If City is un able to provide uti lity service facilities due to the imposition of any limit on consumption or on the construction of additio nal utility facilities, or the allocation or curtailment o f utility facilities or s ervices by law or regulation, it shall have no obligation hereunder.
24 22
12.02 Payment of Utilit i es. Tenant agrees upon entering into occupancy of the Premises to pay directly to the utility providers for all utility services provided under the terms of any contract between the Tenant and the utility provider and to the City for all utility services provided under the terms of any contract between the City and a utility provider serving the premises through existing lines and connections. Tenant shall be responsible to provide and pay for all new connection equipment and any fees required. Tenant shall pay all utility charges within twenty (20) days of receipt of invoice and shall provide evidence of payment when requested to do so in writing by the City. In the event Tenant fails to pay any utility bill when due, the City may, at its option, pay the same and collect from Tenant's performance deposit the amounts so disbursed, plus interest at the rate of 1½% per month or fraction thereof.
12.03 Te
lephone / Internet Connectivity. Tenant shall be responsible for providing and paying directly to the provider for telephone and internet connection to the Premises.
12.04 Garbage/Trash Collection. Te
nant agrees upon entering into occupancy of the
leased Premises to pay for garbage and trash collection and removal services. Tenant shall arrange and pay for the disposal of all hazardous waste in accordance with all applicable local, state and federal laws and regulations. In the event Tenant fails to pay any bill when due, the City may, at its option, pay the same and collect from Tenant's performance deposit the amounts so disbursed, plus interest at the rate of 1½% per month or fraction thereof.
12.05 Mo
nterey Count y Water Resour ces Agency (MCWRA) Assessment. Tenant agrees to pay assessments levied by the MCWRA. In the ev ent Tenant fails to pay any assessment when due, the City may, at its option, pa y th e same and collect from Tenant's performance deposit the amounts so disbursed, plus interest at the rate of 1½% per month or fraction thereof.
12.06 C
ompliance with Regulations of Local Agencies. It shall be the responsibility of the Tenant under thi s Lease to contact, consult and comply with any regulation applicable to Tenant's activities at the Airport which are now or may be promulgated by a local public or private utility provider or regul ator having jurisdiction over activities or utility se rvices at the Airport, including, but not limited to, the Fort Ord Reuse Authority, Monterey Regiona l Water Pollution Control Agency, Marina Coast Water District, Pacific Gas & Electric Company and the Mont erey Bay Unified Air Pollution Control District a nd t he Monterey County Water Resources Agency.
ARTI
CLE 13. INSURANCE & INDEMNIFICATION
13.01 In surance to be p rovided by the Tenant. The Tenant shall obt ain insurance cover age, as set forth in Exh ibit C and made a part hereof , naming the City, its council, bo ards, commissions and members thereof, its officers, employees, volunteers and agents as an additio nal insured, and maintain same continuously in effect at all times during the term of this Lease:
a) Co
mmercial General Liability Insurance (primary) shall be provided on ISO - CGL form No. CG 00 01 11 85 or 88 or a form approved by the City’s Risk Manager inclu ding 25 23
contractual liability, indepen dent contractors, board form property damage, sudden an d accidental pollution, personal injury and product s and completed operations. Policy limits shall be no less than one million doll ars per occurrence (i.e., nonaggregate program) for all coverage and two million aggregate. City and its Council, boar ds, c ommissions, officers, employees, volunteers and agents shall be added as additional insureds using ISO form GC 20 10 11 85 or a form approved by the City Att orney. Coverage shall apply on a primary non- contributing basis in relation to any other insurance or sel f-insurance, primary or ex cess, available to the City or any employ ee or agent of the City and must include a severability of interest (cross liability) provision, that is, it shall act as though a separate policy were written for each insured and additional insured named in the policy.
Coverage sh all not be limited to the vicarious liability or supervisory role of any addi tional insured. Coverage shall co ntain no cont ractor’s limitation en dorsement. There shall be no endorsement or modif ication limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.
b) Um
brella Liability I nsurance (over prim ary) is required and shall apply to bodily injury/property damage, personal injury/adver tising injury, contrac tual and products and completed operations a t a minimum, and shall be in an a mount of not less than two mission dollars ($2,0 00,000) and shall include a “drop down” provision providing primary coverag e above a maximum $25,000.00 self-insured retention for liability not cover ed by primary policies but covered by the umbrella policy. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. Pol icy limits sha ll be not less than one million dol lars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies. The polic y sha ll have star ting and ending dates concurrent with the underlying coverages.
c) W
orkers’ Compensation/Employer’s Liabili ty shall p rovide worke rs’ compensation statutory benefits as required by law. Employer’s liability limits shall be no less than one m illion dolla rs per accident or disease. Employer’s liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, i ts Co uncil, boards, commissions, officers, employees or agents.
d) B
usiness Aut o Coverage If T enant uses or causes to be used vehicles in connection w ith i ts use of the leased property, it shall obtain comprehensive or business automobile liability insurance with limits not less than $1,000,000.00 each occurr ence combined single li mit for bodily in jury and property damage, including owned, non-owned and hi red vehicles. C overage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on a form approved by the City At torney. Limits shall b e no less than one million dollars per accident. This policy shall be scheduled as underlying insurance to any umbrella policy required above for a total limit of no less than $2,000,0 00.00 eac h accident.
13.02 Fire insurance. T
he City shall obtain and maintain continuously in effect at all times during the term of this Lease, the following insurance coverage:
26 24
a) Fire and extended coverage insurance (excluding s moke poll ution, or damage occasioned by earthquake or flood) on the structure and fixed improvements locat ed on the Premises; with deductibles to be paid by the City for insured losses, in an amount equal, from time to time, to the full replacement cost of Building 533 to be determined by the City in its sole discretion during the term of this Lease. The proc eeds of any such insurance may be us ed for rebuilding or repairing permanent improvements, subject to the provisions of Article 11 of this Lease.
b) Tenant shall reimburse the City for the full cost, if an y, of all additional insurance assessments required by City's insurer due to any hazardous activities by Tenant on the leased property.
c) Tenant hereby agrees to maintain, at its own cost and expense, during the entire term of this Lease or as said term may be extended, a policy or polici es of insurance against loss or damage up on its furni shings, fixtures, inve ntory, persona l property and equipment. A certificate or certificates of Tenant’s curren t in surance cove rage must be filed with the City’s Risk Manager.
13.03 Te na
nt and the City further agree as follows:
a) This Article supersedes all other sections and provisions of this Lease to the extent that any other section or provision conf licts with or impa irs the provisions of this section.
b) The insurance requir ements set forth in this Article are intended to be separate and distinct from any other provision in this Lease and shall be interpreted as such.
c) All insurance cover age and l imits provided pursuant to this Lea se shall apply to the full extent of the policies involved, available or applicable. No thing contained in this Lease or any other a greement relating to the City or its operations limits the application of such i nsurance coverage. No thing contained in thi s Article is to b e construed as affectin g or altering the legal status of the parties to this Lease.
d) For purpose of insurance coverage only, this Lease will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Lease.
e) Requirements of specific coverag e f eatures or limits c ontained in th is Article are not intended as a limitation on coverage limits or othe r requirements, or a waiver of any cover age normally provided by any insurance. Specific referen ce to a given cover age feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage or a waiver of any type.
f) All general or auto liab ility insurance coverag e provided pursua nt to this Lease or any other a greements pertaining to t he performance of thi s Lease, shall not prohibit Tenant and Tenant’s employees, or agents, from waiving the right of subrogation prior to a los s.
Tenant waives its right or subrogation against the City.
g) Unless ot herwise approved by the City, Tena nt’s i nsurance shall b e 27 25
written by i nsurers authorized to do business in the State of California and w ith a min imum “Best’s” Insurance Guide ratin g of “A:VII.” Se lf-insurance will not b e considered to c omply with these requirements.
h) In t he event any polic y of insurance r equired under this Lease does not comply with these requirements or is canceled and not replaced, the City has the right but not the duty to obtain insurance it dee ms necessary and any premium paid by City will b e promptly reimbursed by Tenant.
i) Tenant agrees to provide evidence of the insurance required herein, satisfactory to the C ity prior to taking any steps in further ance of this Lease and annually upon renewal of the Tenan t’s business license, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to Tenant’s general liability and umbrella policies usin g ISO form CG 20 10 1 85 or a form approved by the City A ttorney.
Certificate(s) are to reflect that the insu rer will provide 30 da ys’ notice of any cancellation of coverage. Tenant agrees to require its insurer to modify su ch certi ficates to delete any exculpatory wordi ng stating that failure of the insurer to mai l written notice of cancel lation imposes no obli gation, and to delete th e word “endeavor” with regard to any notice provisions.
Tenant agrees to prov ide complete certified copies of policies to City within 10 d ays of City’s request for said copies.
j) Tenant shall p rovide proof that poli cies of insu rance required herein expiring during the term of this Lease have been renewed or replaced with other poli cies providing at least the same coverag e. Such proof wi ll be furnished within 72 hours of the expiration of the coverages.
k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proo f of insurance req uired under this Lease in no way waives any right or remedy of City or any additional insured, in this or any other regard.
l) Tenant a grees to require a ll contracto rs, subcontractors or other parties hired to perform work on the l eased Premises to provide general liability insurance naming as additional insureds all parties to this Lease. Tenant agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required h ere.
Tenant agrees to require that no contract used by any contractor or subcontractor, will reserve the right to charge back to City the cost of insurance required by this Lease. Tenant agrees that upon request, all agreements with contractors or subcon tractors or ot hers with whom Contractor contracts with will b e submitted to City for review. Failure of City to request copies of s uch agreements will not impo se any liability on City, its Council, commissions, officers, employees and agents.
m) Tenant agrees t o pro vide immedi ate notice to City of any claim or loss against Tenant or i ts contractors or subc ontractors that includes or potentia lly may incl ude the City as a defendant. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.
n) In t
he event o f any loss that is not insured due to the fa ilure of Tenant to comply with these requirements, Tenant agrees to be personally re sponsible for any and all 28 26
losses, claims, suits damages, defense obligations and liability of any kind assessed or attributed to City, or City’s employees as a result of such failure.
o) Coverage will not be limited to the specific location or indiv idual or entity designated as the address of the leased Premises.
p) Tenant agrees not to attempt to avoid its defe nse and indemnity obligations to Cit y and its Counc il, com missions, boar ds, employees, agents, officials and servants by using as a defens e Te nant’s statutory i mmunity under workers compensation and similar statutes.
q) Tenant agrees t o require all con tractors, subcontractors or parties, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the per formance of this Lease, to provide insurance covering the oper ations contracted for and naming as additional insureds all parties to this Lease. Tenant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such co verage is provided as required here.
r) Tenant agrees to ensure that coverage provided to meet these requirements is applicable separatel y to each insured and that there will be no cross liability exclusions that preclude coverage for suits betwe en the Tenant and City or between City and any other insured or Named Insured u nder the policy, or between City and any pa rty associated with Tenant or its employees.
s) Insurance requirements shall be applied uniformly to all Tena nts engaged in similar-type operations at the Airport, and such requirements shall be consistent with industry standards.
13.04 Approval of In
surance Coverage. Upon execution of this Lease, a copy of the insurance policy or policies required herein or, in l ieu thereof, the f ace page of such polic y or policies and any endorsements which limit or otherwise affect the cov erage provided therein shall be delivered by Tenant to the City Manager, or his or her designee, for approval as to form and sufficiency. Whe n such insurance poli cy or policies have been so approved, Tenant may substitute for same a certi ficate of insuran ce issued by the respect ive insuranc e company or companies c ertifying that such insurance policies are in full force and effect and that a ll liabilities arising out of this lease or Tenant's possessi on and use of the lease d property are covered by such ins urance policy or policie s and a current copy of suc h c ertificate shall b e provided to the City annually upon renewal of Tenant's business lice nse. Notwithstanding any provisions to the contrary cont ained herein, Tenant shall not have the right to take pos session of the leased property until such insurance policy or policies are filed with and approved by the City Manager.
13.05 Re
view of Insurance Coverage . C ity shall have the rig ht at any time du ring the term of this Lease to review the type, form and coverage limits of the insurance requirements. If in the opinion of the City, the insurance provisions of this Lease are not sufficient t o pr ovide adequate protection for the City a nd the members of the public using the A irport, the City may require Tenant to maintain insurance su fficient to provide such adequate protection. Insurance requirements shall be applied uniformly to all Tenants engaged in similar-type operations at the Airport, and such r equirements shall be co nsistent with ind ustry standards. C ity shall notify 29 27
Tenant in writing of any changes in the i nsurance provisions necessary to provide adequate protection. If Tenant does not depos it acceptable certificates evidencing valid insurance policies acceptable in form and content to the City, in corporating such changes, within 60 days of receipt of such notice, this Lease shall be in default. The procuring of such policy of insur ance shall not be construed to be a limitation upon Tenant's liability nor as a full performance of its part of the indemnification provisions of this Lea se; Tenant's ob ligation being, notwithstanding said policy or policies of insurance, the full and tota l amount of any damage , injury or loss caused by the negligence or neglect connected with the operation under this Lease.
13.06 I ndemnification. Ten ant and the City a gree t hat City, it s Council, boards and commissions, officers, employees, agents, and volunteers, should, to the extent permitted by law, be fully protected from any lo ss, injury, damage, claim, lawsuits, cost, expense, attorney ’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the matters set forth below.
Accordingly, the provisions of this indemnity provision are intended by the parties t o be interpreted and const rued to provide the fulle st protection possibl e under the law to the City.
Tenant acknowledges that City would not enter into this Lease in the absence of the commitment from Tenant to indemnify and protect City as set forth here.
To the full extent permitted by law, Tenant shall defend, indemnify and hold harmless the City, its Council, boards and commissions, officers, employees, agents, and volunteers, from any liability, claims, suits, actio ns, arbitration proceedings, adminis trative proceedings, r egulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by th e City, court costs, i nterest, defense costs, including expert witness fees and any other costs or expenses of any kind wh atsoever w ithout restrict ion or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to (i) the intentional act or negligence of Tenant or Tenant’s employees, agents, contractors, subcontractors or invitees, (ii) any breach or default in performance of any obligation to be performed by Tenant under this Lease, or (iii) the occupancy of the Premises by Tenant and the operation of Te nant’s business thereon. All obligations under this provision are to be paid by Tenant upon receipt of notice by Tenant from the City that the City has suffered or incurred the same.
Without affecting the rights of the City under any provision of this L ease or this section, Tenant shall not be required to indemnify, defend or hold harmless City as set forth above to the extent liability is a ttributable to the sole negligence, gross negligence or w illful misconduct of City, or officers , employees , agents , contractors, subcontra ctors, tenan ts, subtenants or volunteers of the City, provided such is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances w here the City is sh own to have been solel y or grossly negligent or to have en gaged in wil lful misconduct and not in instances where Tenant is solely or par tially at fault, or in instances where City’s fault account f or only a percentage of the liability in volved. In those i nstances, the obligation of Tenant will be for th at portion of the lia bility not attributable to the City’s gross negligence or willful misconduct.
Notwithstanding the above, or anything in the L ease, the City shall no t in any event, including, without limitation, the sole or gross negligence or willfu l misconduct of the C ity or any person for whom it is responsible in law, be in any way liable or responsible to the Tenant 30 28
for any consequential, i ndirect, special, punit ive or incidental loss, injury or da mages of any nature what soever (in cluding, without limitat ion, loss of income or revenue or business interruption) that may be suffered or s ustained by the Tenant or its representatives, customers or any other person for whom the Tenant is responsible in law.
Tenant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Article from any assi gnee, contractor, subcontractor or any other person or entity involved by, for, with or on behalf of Tenant in the per formance of Tenant’s obligations under this Lease. In the event Tenant fails to obtain such indemnity from such third parties, as required here, Tenant agrees to be fully responsible according to the terms of this section.
Failure of the City to monitor c ompliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors and assigns of Tenant and shall survive the termination of this Lease or this Article.
ARTICLE 14. LIENS & CLAIMS
14.01 L
iens and Claims. Tenant shall not suffer or permit to be e nforced against City's title to the leased Premises, or any part thereof, any lien, claim or dem and arising from any work of construction, repair, restoration, maintena nce or removal as herein provided, or otherwise arising (except liens, claims or demands suffered by or arising from the actions of City).
14.02 Te n ant to Pay Liens & Claims . Tenant s hall pay all such liens, claims an d demands before any a ction is broug ht to enforce same against said land; and Tenant agrees to hold City and said land free and harmless from all liability for any and all such liens, cl aims or demands, together with all costs and expenses in connection therewith.
14.03 P
ayment of Liens & Claims by City . Should Tenant fail or refuse to pay any lien, claim, or demand arising out of the construction, repair, restoration maintenance and use of said Premises and the buildings and improvements thereon, or any other claim, charge or demand which Tenant has agreed to pay under the covenants of this lease, Tenant or its authorized encumbrancers, if any, shall, within 30 days written notice from City to Tenant of its said encumbrance, pay and discharge the same or shall furnish to City, in a form satisfactory to City, sufficient security for such lien, claim or de mand and all costs and expenses in connectio n therewith. Should Tenant or its said encumbrancer with in said 30 day pe riod, not pay and discharge said lie n, claim or dem and, or not provide said security to City, then City may, at its option, either treat s uch failure or refusal as a breach of or def ault under this L ease, or may pay any such lien, claim, charge or demand, or settle or discharge any action therefore or judg ment thereon, and all costs, expenses and other sums incurred or paid by City in connec tion therewith shall be repaid to City by Tenant upon written demand, together with interest thereon at the rate of 10%, per annum from the da te of payment until repaid, and any default in s uch repayment shall constitute a breach of the covenants and conditions of this Lease.
ART
ICLE 15. TRANSFERS & ENCUMBRANCES
15.01 S
ales, Assignments, Transfers, Subleases, and Encumbrances. Tenant shall not sell, assign, transfer, or encumber this lease, any interest of Tenant in and to the leased Premises, nor suble ase the l eased Premises, i n whole or in part , except with the consent of City, which 31 29
consent shall not be unreasonably w ithheld. Tenant acknowl edges and understands tha t the leased Premises are restricted to aviation /aeronautical-related uses unless a non avi ation/non aeronautical use is approved by both the City and the Federal Aviation Administration. Neither shall th is Lease, nor any intere st of Tenant in and to the leased Premises be su bject to an involuntary sale, assignment or transfer, or sale, assignm ent or transfer by operation of law in any manner whatsoever. Any such sale, as signment, transfer, encumbrance or sublease, whether voluntary or involuntary shall b e void and of no effe ct and shall be a default which entitles City to terminate this Le ase, Tenant's rights in a nd to the leased Premises, in the manner hereinafter provided by this lease.
15.02 T enant A ffiliate. Notwithstanding the provisions of §15.01, t he T enant may assign or sublet the Premises, or any portion thereof, with the City's consent to any corpor ation which controls, is controlled by or is under common control with the Ten ant, or to any corporation resulting from t he merger or consolidation w ith Tenant, or to any person or entity which acquires all the assets of Tenant as a going concern of the business that is being conducted on the Premises, provided that said assignee assumes, in full, the obligations of Tenant under this Lease. Any such assignment shall not, in any way, affect or limit the liability of Tenant under the terms of th is lease even if after such assignm ent or subletting the terms of this Leas e are materially changed or altere d without the consent of Tenant, the consent of whom s hall not be necessary.
15.03 N
o Release of Tenant . Regardless of City's cons ent, no subletting or ass ignment shall release Tenant of Tenant's obligation or alter the primary responsibility of Tenant to pay the rent and t o perform all other obligati ons to be performe d by Tenant under this Lease. The acceptance of rent by the City shal l not be deemed co nsent to any subsequent assignment or subletting. In the event of default by any assignee of Te nant or any successor of Tenant in t he performance of any of the terms h ereof, City may proceed directly against Tenant without the necessity of ex hausting reme dies against said assi gnee. City may c onsent to subsequent assignments or subletting of this Le ase or amendments or mod ifications to this Lease wi th assignees of Tenant without notifying Tenant, and without obtaining his consent thereto and such action shall not relieve Tenant of liability under this Lease.
ARTI
CLE 16. HAZARDOUS SUBSTANCES
16.01 Haza rdous Materials. “H azardous Materials” shall include substances defined as “hazardous substances,” “hazardous materials,” “toxic substances” or “hazardous wastes” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq.; the Hazardous Mater ials Transportation Act, 49 U.S.C. §1801, et seq., the Resources Conservation and Recovery Act; all environmental laws of the State of California , and any other environmental law, regulation or ordinance now existing or hereinafter enacted.
16.02 H
azardous Materials Study. Prior to, or following its occupancy of the Premises, Tenant may, at its sole cost and e xpense, arrange for a H azardous Materials study of the lea sed property. City shall provide Te nant any documents, drawings and data in its poss ession relating to environmental analysis of the leased property. Tenant and City agre e that, upon occupancy, the City shall have no further obligation under this Lease t o remove any H azardous Materials in or on the leased prope rty, including any required repairs identified in any study Tenant may choose to make, prior to, or after Tenants occupancy of the leased Premises. 32 30
16.03 H azardous Substances. Pursuant to He alth and Safety Code §25359.7(b), T enant shall notify City i n writing within a reasonable ti me, of any ma terial release of H azardous Materials and of any hazardous substanc es that have come to be l ocated beneath the Marina Municipal Airport. Tenant will comply with all ap plicable Hazardous Materials laws and suc h other reasonable rules, regul ations and safeg uards as may be required by the City (or any insurance carrier of the City) in connection with using, generating, manufacturing, refining, producing, processing, storing or disposing of H azardous Materials on, under of about the leased Premises. Tenant shall, at its expense, procure, maintain in effect and comply with all conditions of any and a ll permits, license and other governmental and regulatory approvals required for the storage and use by Tenant of Haz ardous Materials on the Premises including, without limitation, discharge of (appropriately treated) materials or was tes i nto or through any sanitary sewer serving Building 533.
16.04 Re
moval. Prior to the expiration of this Lease, Tenant shall at its sole expense, remove all items of personal property, including but not limited to all flammable substances a nd Hazardous Materials and wastes as defined by state or federal law at the time of the expiration of this lease.
16.05 In
spection of Records. Tenant shall make avail able for inspection to the City, all records relating to the maintenance, release, mitigation and cleanup for any hazardous substances on the Premises.
16.06 N
otice. Up on execution of t his Lease, Tenant s hall provide the City ’s Fire Department with a co mplete list of all H azardous Materials used or to be used or stored on the Premises with total quantities of each Hazardous Material. Tenant shall notify City of changes in quantity of type within five days of change.
16.07 Right
to Inspect . The City, in its proprietary capacity, agrees to give reasonable notice in accordance with the ge neral laws of the City , prior to entering upon and inspecting the Premises at any time.
ARTI
CLE 17. GENERAL PROVISIONS
17.01 A
dditional Rules & Regulations. The City M anager/Airport Manager shall have the power to establish in writing such additional r ules and regulations respecting operation of the Airport as are not inconsistent with provisions of this Lease or any applicable ordinances or laws, providing such rule s a nd regulations ar e found to be necessary or convenient by the City Manager/Airport Manager for the operatio n of the Airport or the enforcement of the provisions of this Lease, the provisions of any and all applicable laws and ordinances, and the preserv ation of the public peace, health, safety and welfare; and Tenant shall comply with any and all such rules and regulations adopted in writing by the City Manager /Airport M anager. Tenant ma y within ten days of Tenant’s receipt of any additional rule or re gulation established in writing by the City Manager/Airport Manager appeal such rule or r egulation to the City Co uncil/Airport Commission, such appeal to be heard within thirty days. The decision of the C ity Council/Airport Commission shall be final.
33 31
17.02 Compliance with L aws; Permits and Licenses. Tenant's business shall be conducted and maintained in strict co mpliance with all applicable laws, or dinances, regulations, and other require ments of federa l, s tate, county, city or ot her governmental agenci es having jurisdiction over the operation of Airports. Similarly, Tenant will obtain and pay for any necessary permits, licenses and other consents for the operation of Te nant's business including a City of M arina Business Licens e. Tenant represents and warrants that it has full power and authority to enter into this Lease and perform hereunder and holds all permits and licenses which are required by law or regulation for complete performan ce in accordance wi th the terms of this Lease.
17.03 Independent St a tus. Tenant is an independent entity. Tenant is solely responsible for the acts and omi ssions of its offi cers, agents, employees, contractors and subcontractors, if any. Nothing in this Lease shall be construed as creating a partnership or joint v enture between City a nd Tenant. Neither Tenant nor its officers, employees, agents or su bcontractors shall obtain any rights to retirement or other benefits which accrue to City employees.
17.04 D
ispute Resolution. The parties agree that i f any dispute arises o ver the interpretation or performance of this Lease, the parties will first atte mpt to negotiate any such dispute informally . If such informal negotiation fails, and if the parties mutually agree at the time, the parties may then submit the dispu te for formal mediation to the American Arbitration Association (AAA) or the Judicial Arb itration and Mediation Se rvices (JAMS), or s uch other mediation service as the part ies may mutually a gree upon. Expenses of such mediation s hall be shared equally between the parties.
17.05 C
onfidentiality. To the extent allowed by law, the City shall no t disclose Tenant's financial statement or confidential fina ncial condition. Tenant acknowledges that the City is a municipal corporation and has limited powers to withhold information from the public.
17.06 A
ttorney's Fees and Costs. Should the di spute of the parties n ot be resolved by negotiation or mediation, and in the event it should become necessary for eithe r party to enforce or interpret an y of the terms and condi tions of this Lease by means of court action or administrative enforcement the laws of the State of Ca lifornia shall gover n the interpretation of the terms and conditions of this Lease and such action shall be brought in a court of proper jurisdiction in Monterey County, the prevailing party, in addition to any other remedy at law or in equity available to such party, shall be awarded all reasonable costs and reasonable attorney's fees in connection therewith, including the fees and costs of experts reasonable consulted by the attorneys for the prevailing party.
17.07 L
itigation Involving Lease. In the event the City is mad e a party to any litigation concerning this Lease or the leased Premises by reason of any act or omission by Tenant, Tenant shall ho ld the City harmless from all loss or liability, including reasonable attorney's fees, incurred by the City in such litigation. In case suit shall be brought for an unlawful detainer of said Premises, for the recovery of any rent due under the provisions of this Lease, or because of the breach of any other covenant or provision herein contained on the part of Tenant to be kept or performed, and the City prevails th erein, Tenant shall pay to the City a reasonable attorney's fee, which shall be fixed by the court.
17.08 B ankruptcy and Insolvency . If Tenant shall, at any time during t he term of this Lease, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Tenant, 34 32
or if Tenant shall be adju dged bankrupt or insolvent by a ny court, or if a receiver or trustee in bankruptcy or a receiver of any property of Tenant shall be appoi nted in any suit or pr oceeding brought by or against Tenant, or if Tenant shall make any assignment for the benefit of creditors, then in each and e very c ase, this Le ase and the rights and privileges granted hereunder shall immediately cease, terminate and be forfeited and canc eled; provided, however, that if Tenan t shall, within six days after t he fi ling and service on T enant of any involuntary peti tion i n bankruptcy or for appointment of a receiver, commence proper proceedings to di smiss or deny the petition or vacate the receivership and shall expeditiously pursue and diligently e xhaust all proper r emedies toward that e nd, the bankruptcy or rece ivership shall not co nstitute a default until the entry of a final determination adverse to Tenant.
17.09 Emi ne nt Domain. In the event of a total or partial taking of the leased Premises or any interest therein by a public auth ority under the power of e minent domain, including but not limited to any taking of Tenant's leasehold estate by Ci ty under City's power of eminent domain, then the rights of the Tenant with respect to the term, rent, and the jus t compensation awarded in such eminent domain proceeding shall be in accordance with the law in effect when such taking occurs.
17.10 No
Re location Benefits . T enant is hereb y informed a nd acknowle dges the following: by entering into this Lease and becoming a Tenant of City, Tena nt may become entitled to receipt of “relocat ion assistance benefits” (“Relocation Benefits”) pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. §§ 4601 et seq.) and/or the Californi a Relocation As sistance Law (Cal. G ov. Code, §§ 7260 et seq.) (collectively the “Relocation Statutes”), should City at some time make use of the Premises in such a way as to “displace” Tenant from the Premises. Pursuant to the Re location Statutes, City m ay then become obligated to make such payments to Tenant even where such displacement of Tenant does not o therwise constitute a breach or default by City of its obligations pur suant to this Le ase. Under the Relocation Statutes in effe ct as of the Effective D ate of this Lea se, Relocation Benef its may include payment to such a “displaced person” of (i) the actual and reasonable expense of moving himself or herself and a family, b usiness, or farm operation, inclu ding personal property, (ii) the actual direct loss of reestablishing a business or farm operation, but not to exceed Ten Thousand Dollars ($10,000), or (iii) payment in lieu o f moving expenses of not less than One Thousand Dollars ($1,000) or more than Twenty Thousand Dollars ($20,000).
I
n consideration of City’s agreement to enter into this Lease, Tenant hereby waives any and all rights it may now have, or may hereafter obtain, to Relocation Benefits arising out of the City’s assertion or exercise of its contractual rights to terminate this Lease pursuant to its terms, whether or not such rights are contested by Tenant or any other entity, and releases City from any liability for payment of such Relocation Benefits; provided, however, that Tenant does not waive its rights to Relocation Benefits to the extent that Tenant’s entitlement thereto may arise out of any condemnation or pre-condemnation actions taken by the City or any other public agency with respect to the Premises. Tenant shall in the future execute any further documentation of the release and waiver provided hereby as City may reasonably require.
17.1 F
orce Majeure; W aiver. Tenant shall n ot be in default under this Lease in th e event that the activities of T enant are temporarily interrupted for any of the following rea sons:
riots; war or national emergency declared by the President or Congress and affecting the City o f Marina; sabotage; ci vil disturbance; insurrection; explosio n; natural disasters such as flo ods, earthquakes, landslide s and fires; strikes, loc kouts and other labor d isturbances; or other 35 33
catastrophic events which are beyond the reasonable control of Tenant. "Other catastrop hic events" does not i nclude the financial ability of Tenant to perform or failure of Tenant to ob tain any necessary permits or licenses from other governmental agencies or the right to use facilities of any public entity where such f ailure occurs because Tenant has failed to exercise reasonabl e diligence.
17.12 Abandonment . Tenant shall not vacate or abandon the leased Premises or any part thereof at any time during the term of this Lease. If Tenant shall abandon, vacate or surrender the leased Premises or be dispossessed by process of law or otherwise, any property belonging to Tenant and left on the leased Premises shall be deemed, at the opti on of City, to be abandoned.
Upon relinquishing possession, Tenant shall be in default of this Lease and City shall be entitled to terminate this le ase, Tenant's rights in and to the leased Premises in the m anner hereinafter provided by this Lease.
17.13 Def ault . Tenant shall be deemed in default under this Lease:
a) Upon breach of any of the covenants and conditions of this Lea se with respect t o discrimination on the grounds of race, creed, color, national origin, or sex; wit h respect to economic discri mination; with respect to the sale, assignment, transfer, encumbrance, or subletting of the leased Premi ses which is the subje ct matter of this Lease; with respect to the bankruptcy or insolvency of Te nant; or, with respect to any other covenant or condition of this Lease, which breach cannot be cured, immediately upon being given notice thereof by City.
b) Upon failure to pay any rent or any other consideration required under this Lease to be paid by Tenant to City with in 10 days following the date those obligations are due . City may, but is not required to, provide written notice to Tenant of Tenant ’s failure to pay rent when due.
c) U pon failure to provide written evidence of the insu rance when due, within 14 days after being given notice thereof by City.
d) Upon the breach of any of Tenant's other duties and obligations under this Lease, which breach can be cured, if such breach i s not cured within thirty days after being given written notice thereof by City.
17.14 Remedies on D e
fault.
a) C
ity's Right to Terminate Lease . Upon Tenant's de fault of this lease, City shall have the right, without further notice, to terminate this Lease as well as Tenant's ri ghts in and to the leased Premises, to enter upon and retake possession of the l eased Premises, including all improvements thereon and fac ilities appurtenant thereto, by legal proceedings or otherwise, and to recover from Tenant, at the time of such termin ation, the excess, if any, of the amount of rent to be paid by Tenant under this Lease for the balance of the lease term over the then reasonable rental value of th e leased Premises f or the same period. For the purposes of t his section, City and Tenant agree t hat the "reasonable ren tal value" shall be t he amount of rent which City can obtain as rent for the balance of the lease term.
b) C
ity's Right to Repossess , Operate, or Relet the L eased Premises for Tenant's Account. Upon Tenant's default under t his Lease, City shall also have the right, without further 36 34
notice and wi thout terminating this Lease, to enter upon and retake possession of the leased Premises, in cluding all improve ments thereon and fixtures appurtenant thereto, by legal proceedings or otherw ise, and to ta ke, opera te, or relet the same in whole or in part fo r t he account of Tenant at such rental, on such conditions, and to such Tenant or Tenants as City, in good faith, may deem proper, for a term not exceedi ng the unexpired period of the full term of this Lease. City shall receive all proceeds from rent accr uing from such operating or reletting of the leased Premises and shall apply the same first to the payment of a ll costs and expenses incurred by City in the operation or reletting of the leased Premises and any alterations or repairs reasonably necessary t o e nable City to operate or relet the leased Premises, and then to the payment of all such amounts as may be due o r become due under the provisions of this Lease, and the balance remaining, if any, at the expiration of the full term of this Lease or on the sooner termination thereof, by written notice of termination give n by City to Tenant, shall be paid over to Te nant. In the event proce eds from rentals received by City under the provision s of this section are i nsufficient to pay al l costs and expenses an d a ll amounts due and becoming due hereunder, Tenant shall pay to City, on demand by City, such deficiency as m ay from time-to- time occu r or exist. Notw ithstanding any such operation or re letting without termina ting this Lease, City may, at a ny time there after, e lect t o terminate this lease in the event that Tenant remains in default hereunder at such time.
c) Cit
y's Right to Perform. Notwithstanding any provisions as to notice of default in this Lease to the contrary, if, in City's judgment, a continuan ce of any d efault by Tenant for the full period of the notice otherwise provided for will jeopardize the lea sed Premises, including any improvements thereon or facilities appurtena nt th ereto, or the rights of City, City may, without notice, elect to per form those acts in respect of which Tenant is in default at Tenan t's expense and Tenant shal l thereupon reimburse City, with interest at the rate of 10% per annum, upon thirty days' written notice by City to Tenant.
d) Ot
her Remedies. All rights, options, and remedies of City contained in this Lease shall be construed and held to be cumulative and not one of t hem shall be exclusive of the other, and City shall have the right to pu rsue any one or all of such remedies or any other remedy or relief which may be provided for by law, whether or not stated in this lease.
17.15 Wai
ver of Default . Any waiver by City of a default of this Le ase arising out o f the breach of any of the covenants, conditions, or restrictions of this Lease shall not be construed or held to be a waiver of any succeeding or preceding default arising out of a breach of the same or any other covenant, condition, or restriction of this lease.
17.16 C
ity's Right of Entry. Tenant shall permit City and any agents and employ ees of City to enter in and upon the leased Premises at all reasonable times for the purpose of inspecting the same, or for th e purpose of posting notices of non- responsibility for improvements, alterations, additions, or repairs, without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the leased Premises thereby occasioned.
17.17 N
otices. All notices requi red or permitted to be given under t his Lease shall be in writing and shall be pe rsonally delivered or sent by facsimile or by United States certified mail, postage prepaid, return receipt requested, addressed as follows:
37 35
To City: City of Marina
City Hall
Attention: City Manager/Airport Manager
211 Hillcrest Avenue
Marina, California 93933
Fax Number: (831) 384-0425
To Tenant: Desert Star Systems, LLC
Attn: Mr. Marco Flagg, CEO
3261 Imjin, Road Bldg. 518
Marina, CA 93933
or to such other address as either party may from time-to-time designate by notice to th e other given in accordance with this section. Notice s hall be deemed effective o n the date personally served o r s ent by facsimile or, if maile d, three business days fr om the date such notice is deposited in the United States mail.
17.18 C
orporate Authority. If Tena nt is a corp oration, each individual execu ting this Lease on beha lf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corpo ration, in accordance with a duly adopt ed resolution of the Board of Directors of said corporation or in accordance with the Bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. If Tenant is a corporation, Tenant shall, within 30 days a fter execution of this Lease, deliver to the City a certified c opy of a resolut ion of the Board of Directors or sai d corporation authorizing or ratifying the execution of this Leas e. I f T enant is , or at any time during the initial or any extended term of this lease becomes a limited liability company, Tenant shall provide City with a certified copy of Tenant’s LLC-1 articles of organization toget her with a certificate of the status certified by the Secretary of State. If Tenant is a general partnership, Te nant shall provide the City with a copy of the recorded statement of partnership.
17.19 A
mendment or Modific ation. This Lease may be amended, altered or modified only by a writing specifying such amendment, alteration or modification, executed by authorized representatives of both of the parties hereto. In the event that the FAA requires, as a condition precedent to granting of funds for the improvement of the Airport, modifica tions or c hanges to this Lease, Tenan t agrees to consent in writing upon the request of the City to su ch reasonable amendments, modifications, revisions, supplements or deletions of any of the terms, conditions, or requirements of the Lease as may be reasonable required to enable City to obtain FAA funds , provided that in no event shall such changes materially impair the rights of Tenant hereunder. A failure by Tenant to so consent shall constitute a breach of this Lease.
17.20 C
onstruction of Lease. Whenever t he singular number is used in this Lease and when required by the conte xt, the s ame shall in clude the plural, and the masculine g ender shall include the feminine and neuter genders. If there shall be more than one Tenant designated in or signatory to this Lease, the obligations hereunder imposed upon Tenant shall be joi nt an d several; and the te rm "Ten ant" as used herein shall refe r to each and ev ery of said signatory parties, severally as well a jointly.
17.21 C
ovenant & Condition . Each term and provision of this Lease performab le by Tenant shall be construed to be both a covenant and a condition. 38 36
17.22 Time . Time is and shall be of the essence of each term and provision of this Lease.
17.23 M
aterial Breach. Each and every term, condition, co venant and provision of this Lease is and shall be deemed to be a mater ial part of th e consideration for the City's entry into this Lease, and any breach hereof by Tenant shall be deemed to be a material breach.
17.24 H
eirs, Successors and Assigns. All of the covenants, agreements, co nditions and undertakings herein contai ned s hall, subject to the provisions as to assignments, apply t o and bind the r epresentatives, heirs, executor, administrators, successors or assigns of all the parties hereto; and all the parties hereto shall be jointly and severally liable hereunder.
17.25 Fur
ther Actions. Each of the parties agree to execute and deliver to the other such documents and instrume nts, and to take such actions, as may reasonably be requi red to give effect to the terms and conditions of this Lease.
17.26 In
terpretation. This Lease has been negoti ated by and be tween the representatives of both parti es. Accordingly, any rule of law (including Civil Code §1654) or legal decision that would require interpretation of any ambiguities in t his Lease against the party that has dr afted it is no t applicable and is waived. The provisions of this Lease shall be interpreted in a reasonable manner to affect the purpose of the parties and this Lease.
17.27 Ca
ptions. T itles or captions of articles and sections contained in this Lease are inserted only as a matter of convenience and for reference, and in no way define, limit, extend or describe the scope of this Lease or the intent of any provision of it.
17.28 Se
verability. If any of the provisi ons of this Lease are determined to be inval id or unenforceable, those provisions shall be deem ed severable from the remain der of this Lease and shall not cause the invalidity or unenforceability of the remainder of this Lease, unless this Lease without the severed provisions would frustrate a material purpo se of either party in entering into this Lease.
17.29 Wai
ver. No wa iver of any right or obligation of either party hereto shall be effective unless made in writing, specifying such waiver and executed by the party against whom such waiver is so ught to be enforced. A waiver by e ither party of a ny of i ts rights under this Lease on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time.
17.30 C
ounterparts. This Lease m ay be executed in two counterparts, each of which shall be deemed an original, but both of which shall be deemed to constitute one and the same instrument.
17.31 Ex
hibits Incorporated. All exhibits reference in this Lease and attached to it are hereby incorporated in it by this reference. In the event there is a c onflict between any of the terms of this Lease an d any of the terms of any exhibi t to the lease, the terms of the Lease shall control the respective duties and liabilities of the parties.
17.32 En
tire Agreement . Thi s Lease consti tutes the entire and co mplete agreement between the parties regarding the subject matter hereof, and sup ersedes all prior or 39 37
contemporaneous negotiations, understandings or agre ements of the parties, whether written or oral, with respect to the subject matter.
IN WITNESS WHEREOF, this Lease has been executed by the duly authorized officers or representatives of each of the parties on the date first shown above.
CITY OF MARINA, DESERT STAR SYSTEMS, LLC.
a municipal corporation a California limited liability company
By: By: _____________________________ Layne Long, City Manager Cristian S. Flagg, General Manager
Dated: ________________________ Dated: ________________________
(Pursuant to Reso. 2022-___)
ATTEST:
_______________________
City Clerk
APPROVED AS TO FORM:
________________________
City Attorney
40 38
EXHIBITS
EXHIBIT A
PLAT SHOWING LOCTIN OF BUILDING 518 AT THE AIRPORT
AND LOCATION FOR TENANT PARKING
EXHIBIT B
PLAT SHOWING INTERIOR SPACE
UNDER LEASE
EXHIBIT C
STANDARD INSURANCE REQUIREMENTS FOR AGREEMENTS
EXHIBIT D
ARMY CORPS OF ENGINEERS’ ASBESTOS SURVEY FOR BUILDING 518
EXHIBIT E
LIST/PHOTOS OF CITY EQUIPMENT, FURNISHINGS, ETC.
PRESENT ON THE PREMISES AT COMMENCEMENT OF LEASE
41 39
STATE OF
COUNTY OF
On _______________________, before me _________________________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I cer tify under PENALTY OF PERJURY und er the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________ (Seal)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
42 40
STA
TE O F
COUNTY OF
On _______________________, before me _________________________________________, Notary Public, personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certi fy under PENALTY OF PERJURY u nder the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________ (Seal)
Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
43 Exhibit A
44 45
EXHIBIT B
C-1
Exhibit C - Insurance
Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to ame nd, supplement or endorse the existing coverage to do so.
Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and e ndorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.
Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor's work or presence on City premises. Contractual liability coverage is a required inclusion in this insurance.
Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for all coverages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000). Contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate.
If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.
City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added a s additional insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.
Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amoun t of not less than two mission dollars ($2,000,000), and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self -insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverag e shall be following form to any underlying coverage.
Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement . Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the 46 C-2
underlying coverage.
Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. H owever, compliance with California law requiring auto liability insurance is a contractual requirement.
If automobile insurance is required for work under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 9 2 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is resp onsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.
Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single -person contractors. However, under California law the se coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waiv e any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.
Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.
Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession is required, in a form and amount approve d by the City Attorney and Risk Manager. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following comp letion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.
Contractor and City further agree as follows:
a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are inte nded to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 47 C-3
c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.
d) Requirements of specific coverage features or limits contained in this Exhibit are not int ended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be al l inclusive, or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in fu rtherance of or toward performance of this Agreement.
f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.
g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications.
h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.
i) Contractor agrees to provide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s gener al liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.
j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Such proof will be furnished at least two weeks prior to the expiration of the coverages.
k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.
l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees 48 C-4
to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liabili ty on City, its Council, boards and commissions, officers, employees, agents and volunteers.
m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, e mployees, agents and other persons necessary or incidental to its operation are insureds.
n) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or l iability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.
o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of Cit y. Except for policy limits applicable to Contractor’s coverage for Errors and Omissions/ Professional Liability, Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.
q) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.
r) Contractor shall maintain commercial general li ability, and if necessary, commercial umbrella liability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work.
s) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving the Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost to the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to the City.
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
July 24, 2023 Item No. 10h(1)
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of August 15, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2 023-,
ACCEPTING THE COMPLETION OF THE CITY OF MARINA ANNUAL
STREET RESURFACING 2021 PHASE 2 PROJECT AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION WITH THE MONTEREY
COUNTY RECORDER’S OFFICE
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2023-, accepting the completion of the City of Marina Annual Street Resurfacing 2021 Phase 2 Project, and;
2. Authorizing the filing of a Notice of Completion (EXHIBIT A), with the Monterey County Recorder’s Office.
BACKGROUND:
The City Annual Street Resurfacing Project for 2021 was divided into three phases as follows, Phase 1: Flower Circle Reconstruction (construction complete); Phase 2: Various Streets Microsurfacing and construction of American with Disability Act (ADA) compliant curb ramps on various streets (EXHIBIT B); and Phase 3: Slurry Sealing various City streets (construction complete).
The Phase 2 project scope is microsurfacing of various streets throughout the City as shown in EXHIBIT B. Phase 2 includes the construction of curb ramps; removal and replacement of conform curbs, gutters, sidewalks and deteriorated pavements, crack sealing and microsurfacing application; and installation of pavement striping and markings.
At the regular meeting of January 19, 2022, the City Council adopted Resolution No. 20 22-10, awarding a construction for the City of Marina Annual Street Resurfacing 2021 Phase 2 Project to Precision Grade Inc. of San Juan Bautista in the amount of $1,742,295 and authorized a 10% construction contingency.
ANALYSIS:
Following is the project expenditure summary:
Project Expenditure Summary
Description Approved Amount Expense Amount
Project Management, Engineering and
Surveying Services, Construction
Management & Inspection $ 344,717.00 $ 343,335.00 Precision Grade Inc. Award $ 1,742,295.00 $ 1,742,295.00 10% Construction Contingency $ 174,229.50
Construction Change Orders (6 total) $ 165,518.03 Total Construction Cost $ 1,907,813.53
TOTAL PROJECT COST $ 2,251,148.53
1 The final construction cost is $1,907,813.53 53 which includes six construction change orders due to unforeseen conditions. These construction change orders were for grading and paving several intersections to improve drainage and drivability and price escalation cost for hot mix asphalt, miscellaneous work needed to complete the work and a balance construction change order reflecting the actual bid quantities and associated cost.
The total project cost is $2,251,148.53. The project was substantially completed on August ,2022 And the last close out document was received on July 21, 2023. EXHIBIT C shows the before, during and after construction photos of some of the city streets.
The City of Marina Annual Street Resurfacing 2021 Phase 2 Project is complete. It is appropriate to accept these public improvements and to file a Notice of Completion (EXHIBIT A) for the project with the Monterey County Recorder’s Office. Following Council approval, a Notice of Completion will be filed, and contract retention release is 35 days after the recording of the Notice of Completion.
FISCAL IMPACT:
No additional budget impact is due to this action . Approval will result in release of contract payment retention which was budgeted and approved at the time of contract award. The City of Marina Annual Street Resurfacing 2021 Phase 2 Project is part of the City CIP Annual Street Resurfacing Program (APR 1801).
California Environmental Quality Act (CEQA)
The City of Marina Planning Division determined that this action, acceptance of project and authorization to file Notice of Completion for the City of Marina Annual Street Resurfacing 2021 Phase 2 Project is maintenance of existing infrastructure and is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 ("CEQA Guidelines"), Article 20, Section 15378).
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
____________________________
Elvira Morla-Camacho, P.E., QSD
Project Management Services
Wallace Group
2 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
3 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
ACCEPTING THE COMPLETION OF THE CITY OF MARINA ANNUAL
STREET RESURFACING 2021 PHASE 2 PROJECT AND AUTHORIZING
THE FILING OF A NOTICE OF COMPLETION WITH THE MONTEREY
COUNTY RECORDER’S OFFICE
WHEREAS, the City Annual Street Resurfacing Project for 2021 was divided into three phases as follows, Phase 1: Flower Circle Reconstruction (construction complete); Phase 2: Various Streets Microsurfacing and construction of American with Disability Act (ADA) compl iant curb ramps on various streets (Exhibit B ); and Phase 3: Slurry Sealing various City streets (construction complete); and,
WHEREAS, the Phase 2 project scope is microsurfacing of various streets throughout the City as shown in Exhibit B. Phase 2 includes the construction of curb ramps; removal and replacement of conform curbs, gutters, sidewalks and deteriorated pavements, crack sealing and microsurfacing application, and installation of pavement striping and markings; and, WHEREAS, at the regular meeting of January 19, 2022, the City Council adopted Resolution No. 2022-10, awarding a construction for the City of Marina Annual Street Resurfacing 2021 Phase 2 Project to Precision Grade Inc. of San Juan Bautista in the amount of $1,742,295 and authorized a 10% construction contingency; and,
WHEREAS, the final construction cost is $1,907,813.53 which includes six construction change orders due to unforeseen conditions. These construction change orders were for grading and paving several intersections to improve drainage and drivability and price escalation cost for hot mix asphalt, miscellaneous work needed to complete the work and a balance construction change order reflecting the actual bid quantities and associated cost; and, WHEREAS, the total project cost is $2,251,148.53. The project was substantially completed on August ,2022 and the last close out documents was received on July 21, 2023. Exhibit C shows the before, during and after construction photos of some of the city streets; and, WHEREAS, no additional budget impact is due to this action. Approval will result in release of contract payment retention which was budgeted and approved at the time of contract award. The City of Marina Annual Street Resurfacing 2021 Phase 2 Project is part of the City CIP Annual Street Resurfacing Program (APR 1801); and,
WHEREAS, this action of acceptance of project and authorization to file Notice of Completion for the City of Marina Annual Street Resurfacing 2021 Phase 2 Project is maintenance of existing infrastructure and is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 ("CEQA Guidelines"), Article 20, Section 15378).
WHEREAS, the City of Marina Annual Street Resurfacing 2021 Phase 2 Project is complete. It is appropriate to accept these public improvements and to file a Notice of Completion (Exhibit A) for the project with the Monterey County Recorder’s Office. Following Council approval, a Notice of Completion will be filed, and contract retention release is 35 days after the recording of the Notice of Completion; and,
4 Resolution No. 2023-
Page Two
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina t o adopt Resolution No. 2023- for the following actions:
1. Accepts the completion of the City of Marina Annual Street Resurfacing 2021 Phase 2 Project, and;
2. Authorizes the filing of a Notice of Completion with the Monterey County Recorder’s Office.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of August 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Bruce Delgado, Mayor
ATTEST:
__________________________________
Anita Sharp, Deputy City Clerk
5 EXHIBIT A
After Recordation Return To:
City of Marina
Public Works Department
211 Hillcrest Avenue
Marina, CA 93933
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Marina, a municipal corporation, did, on the 21std day of March 2022, enter into a contract with Precision Grade Inc. of Salinas, California wherein said contractor agreed to complete all work for the City of Marina Annual Street Resurfacing 2021, Phase 2 Project in accordance with the plans, specifications, addenda and construction change orders issued by the City of Marina.
That the work under said contract was completed by the contractor or assignee and accepted by the City of Marina on August 1, 2023.
The real property involved in said contract is described as various City Streets, Marina California with the property interest of the City as Owner.
Dated: August 2, 2023
MARINA, a Municipal Corporation
BY
Brian McMinn, P.E./P.L.S.
Public Works Director/City Engineer
________________________________________________________
VERIFICATION
I, the undersigned, say: I am the Public Works Director/City Engineer of the City of M arina, a Municipal Corporation, and the declarant of the foregoing notice of completion: I have read said notice of completion and k now the contents thereof; the sa me is t rue of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on __________________________, 2023, at Marina, California.
__________________________________
Brian McMinn P.E./P.L.S.
Public Works Director/City Engineer
6 CITY OF MARINA ANNUAL STREET RESURFACING 2021, PHASE 2
FOR THE
CITY OF MARINA
NO SHEET ID DESCRIPTION
1 T-1 TITLE SHEET
2 GN-1 GENERAL NOTES
3 K-1 KEY MAP
4-10 PC-1 TO PC-7 PROJECT CONTROL PLAN SHEETS
11-21 DM-1 TO DM-11 REMOVAL PLAN SHEETS
23-41 L-1 TO L-20 LAYOUT SHEETS
42-68 C-1 TO C-27 CONSTRUCTION DETAILS SHEETS
FOR USE IN CONJUNCTION WITH THE PROJECT SPECIFICATIONS, THE STANDARD DETAILS OF THE CITY OF MARINA AND THE STANDARD SPECIFICATIONS OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DATED 2018
C I T Y O F M A R I N A
CONSTRUCTION MANAGEMENT
612 CLARION COURT
T 805 544-4011 F 805 544-4294
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us
MECHANICAL ENGINEERING
LANDSCAPE ARCHITECTURE
SURVEYING / GIS SOLUTIONS
WATER RESOURCES
PUBLIC WORKS ADMINISTRATION
PLANNING
CIVIL AND TRANSPORTATION ENGINEERING
®
SARAH M. HUFFMAN
C I V I L
No. 85233
AL
AT T
S
OFE C
A
O NRFI
I
REGISTERED PROFESSIONAL ENGINEER
R
Know what's below.
Call before you dig.
EXHIBIT B
7 8
July 28, 2023 Item No. 10j(1)
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of August 15, 2023
Honorable Chairperson and Members
of the Successor Agency to Marina Redevelopment Agency
Successor Agency Meeting
of August 15, 2023
Chair and Board Members of
Preston Park Sustainable Community Non-Profit Corporation Corporation Meeting
August 15, 2023
CITY COUNCIL OF THE CITY OF MARIN A, SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY BOARD, AND PRESTON PARK SUSTAINABLE
COMMUNITY NPC BOARD TO RECEIVE INVESTMENT REPORTS FOR THE
CITY OF MARINA , CITY OF MARINA AS SUCCESSOR AGENCY TO THE
MARINA REDEVELOPMENT AGENCY , AND PRE STON PARK
SUSTAINABLE COMMUNITY NON -PROFIT CORPORATION FOR THE
QUARTER ENDED MARCH 2023
REQUEST:
It is requested that the City Council and Boards:
1. Consider receiving Investment Reports for the City of Marina , City of Marina as Successor Agency to the Marina Redevelopment Agenc y, and Prest on Park Sustainable Community Non-Profit Corporation (PPSC-NPC) for the quarter ended June 30, 2023.
BACKGROUND:
Cash Managemen t. The City continued to maximize the deposit of idle cash into the Local Agency In vestment Fund (LAIF). Additionally, staff explored and executed non-LAIF investments options that aligned with the City’s investment policy, which includes high-quality notes and U.S. Treasuries. Changes to the City’s investment portfolio for last quarter are shown in Table I, Cash and Investments. The table shows a $10.1 million increase in total City cash.
Table I
1 The e nd o f quarter LAIF interest rate was 3.17%, which represents a . 34% increase from the previous quarter, as seen in Table I. Chart I, Treasury Yield Curve shows the treasury yield curve and its recent shift from June 2022 to June 2023. Staff will continue to explore other investment options, including treasury notes and additional high quality corporate products, to maximize the return of idle cash w hile still retaining liquidity and quality in its portfolio. Nearly half of the city’s interest revenue is allocated to the General Fund while Fund 215 – Public Facilities Impact Fees, Fund 223 – FORA Dissolution Fund and Fund 422 – Measure X Capital Projects receive most of the remaining interest revenue. The city operates under an investment poli cy which can be found at: http://www.cityofmarina.org/26/Finance .
Chart I, Treasury Yield Curve
The Preston Park Sustainable Community Non -Profit Corporation h as a large reserve account with Bridgebank for the purpos es of eventually paying down the current interest-only mortgage tied to Preston Park apartments. Staff recently engage d with Bridgebank to ch ange the structure of that mon ey market account and provide enhanced interest y ields and deposit insurance. The new interest rate of 4.59% is an improvement of 3.53% over previous yields and the account is now fully secured under the Federal Deposit Insurance Corporation (FDIC) insurance threshold.
Interest Rate / Economy. Interest rates increased from the prior quarter and that trend of higher interest rates i s expected to remain for 2023 . The expec tation is that inte rest rates will remain relatively high as the Fed continues to guard against inflation. Staff will closely monitor the yield curve and purchase longer term (maturities beyond one year) investments as those opportunities arise.
Economically, the city is in a s trong position with property tax re venues r emaining high and transient occupa ncy and sales tax re venues recover ed from the pandemic. S taff will clos ely monitor those revenues as we approach the end of the calendar year.
Portfolio Strategy. Staff’s goal is to match or outperform LAIF. As sh own in Chart I, current treasury y ields are such that a 1-month treasury note would ac complish th at goal. Staf f is exploring treasury non-treasury investments tha t mature in the 3-month to 2-year r ange to provide an equal or greater return than LAIF.
2 ANALYSIS:
The attached investment reports include the City of Marina's and the City of Marina as Successor Agency to the Marina Rede velopment A gency's reports (“ EXHIBIT A”). T hese include unreconciled balances of City, Successor Agency and Preston Park investments held by financial institutions as reported on their monthly statements.
FISCAL IMPACT:
Investing the City’s cash in a safe manner can yield significant interest earnings for the City.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
__________________________
Roger Sattoof
Financial Analyst
City of Marina
__________________________
Juan Lopez
Finance Director
City of Marina
REVIEWED/CONCUR:
____________________________
Layne P. Long
City Manager
City of Marina
3 EXHIBIT A
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE
: Inv
estment
Report
Quarter Ended June 30, 2023
INVESTMENT SUMMARY:
Market Value
Imprest Cash 3,900$
Chec
king/Savings Account/Certificate of Deposit 8,365,502$
Local Agency Investment Fund 57,707,105$
JP Morgan Investment Acct 66,802,737$
Paying Agent 418,078$
133,297,321$
Cash not earning interest 8,369,402$
Non earning cash as a percentage of total cash 6%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City of Marina's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Juan Lopez, Finance Director
Roger Sattoof, Financial Analyst
CITY OF MARINA
INVESTMENT AND EARNINGS REPORT
Quarter Ended June 30, 2023
4 EXHIBIT A
Purchase
Date Maturity Coupon Rate (%) Face Market Value
Book Value/
Cost Basis
Unrealized
Gain/(Loss)
Petty Cash N/A NA 0.00% 3,900.00 3,900.00 3,900.00 -
Chase
Checking 27358290 5 Sweep NA 0.00% 8,365,501.7 7 8,365,501.77 8,365,501.77 -
Local Agency Investment Fund (LAIF) 98-27-509 NA NA 3.17% 57,707,104.9 9 57,707,104.99 57,707,104.99 - US Bank (Custodian) 244667000 N/A 0.00% - - - - US Treasury Bill 5/31/2023 9/26/2023 0.00% 5.32% 15,254,000 15,069,050 14,998,711 70,339 US Treasury Bill 6/21/2023 12/21/202 3 0.00% 5.33% 10,000,000 9,751,575 9,741,788 9,788 US Treasury Bill 4/19/2023 10/19/202 3 0.00% 4.93% 9,000,000 8,859,566 8,781,077 78,490 US Treasury Bill 8/30/2022 8/11/2023 0.00% 3.31% 8,000,000 7,956,659 7,749,606 207,053 Freddie Mac AAA Bond 12/22/2021 8/24/2023 0.25% 0.25% 3,000,000 2,979,004 2,998,426 (19,422) US Treasury Bill 3/21/2023 9/21/2023 0.00% 4.82% 5,000,000 4,942,650 4,946,203 (3,553) Federal Home Loan Bank 1/26/2023 10/3/2023 0.00% 4.76% 5,000,000 4,989,623 5,000,000 (10,377) Federal Home Loan Bank 2/16/2023 2/2/2024 0.00% 4.78% 10,000,000 9,941,229 9,985,522 (44,294) Fort Lauderdale FLA SPL 5/15/2023 1/1/2024 0.00% 0.77% 2,370,000 2,313,381 2,322,533 (9,152) Total-JP Morgan Investment - 4617 67,624,000 66,802,73 7 66,523,865 278,871 Marina Abrams B 2006 6711797700-10 Sweep Sweep NA variable 418,077.62 418,077.62 418,077.62 - Paying Agent - US Bank 2015 GO Refunding 6712129600-01 Sweep Sweep NA variable 0.00 0.00 0.00 - Total Trustee Accounts 418,077.62 418,077.62 418,077.62 - 134,118,584.38 133,297,321.12 133,018,449.73 278,871
TOTAL Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate name s The Checking account contains cash for operating, surplus cash is moved to LAIF. LAIF accounts contain idle funds. 5 EXHIBIT A
To: Marina City Council as Successor Agency to the Former Marina Redevelopment Agency Investment Report
From: Roger Sattoof, Financial Analyst Quarter Ended June 30, 2023 RE:
Market Value
Checking Account 2,304,114$
INVESTMENT SUMMARY: Local Agency Investment Fund 2,936,586$ Paying Agent 3,472,822$
8,713,521$
Cash not earning interest 2,304,114$
Non earning cash as a percentage of total cash 26%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the Successor Agency's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Juan Lopez, Finance Director
Roger Sattoof, Financial Analyst
6 EXHIBIT A
CITY OF MARINA AS SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY
INVESTMENT AND EARNINGS REPORT
Quarter Ended June 30, 2023
Purchase
Date Maturity Coupon Rate (%) Face Book Value Market Value 65-27-003 N/A N/A NA 3.17% 2,936,585.5 5 2,936,585.55 2,936,585.55
INSTITUTION
Local Agency Investment Fund (LAIF) Checking 273582921 N/A Sweep NA 0.00% 2,304,113.8 2 2,304,113.82 2,304,113.82 Chase
2018 Series A&B Bonds 6712220800-817 Sweep Sweep NA variable 1,145,797.04 1,145,797.04 1,145,797.04 2020 Series A&B Bonds 6712281500-508 Sweep Sweep NA variable 982,956.93 982,956.93 982,956.93 Paying Agent - US Bank 2023 Series A&B Bonds 219461000-006 Sweep Sweep NA variable 1,344,067.61 1,344,067.61 1,344,067.61 Total Trustee Accounts 3,472,821.58 3,472,821.58 3,472,821.58 8,713,520.95 8,713,520.95 8,713,520.95
TOTAL Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate names The Checking account contains cash for operating, surplus cash is moved to LAIF. LAIF accounts contain idle funds. 7 EXHIBIT A
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report
Quarter Ended June 30, 2023
INVESTMENT SUMMARY: Market Value
Bridge Bank - Capital Reserve Account 9,574,923$
9,574,923$
Cash not earning interest - $
Non earning cash as a percentage of total cash 0%
Juan Lopez, Finance Director
Roger Sattoof, Financial Analyst
8 EXHIBIT A
Preston Park Sustainable Community Non-Profit Corporation (PPSC-NPC)
INVESTMENT AND EARNINGS REPORT
Roger Sattoof, Financial Analyst
Purchase
Date Maturity Coupon Rate (%) Face Book Value Market Value XXXXXX9858 NA NA 4.59% 9,574,923.2 6 9,574,923.26 9,574,923.26
INSTITUTION
Bridge Bank 9,574,923.26 9,574,923.26 9,574,923.26
TOTAL
9 August 10, 2023 Item No. 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 15, 2023
CITY COUNCIL TO OPEN A PUBLIC HEARING, TAKE ANY TESTIMONY
FROM THE PUBLIC , AND CONSIDER INTRODUC ING AND READING BY TITLE ONLY AND WAIVING FURTHER READING ORDINANCE 2023 -, ADOPTING A COMPREHENSIVE TOBACCO RETAILER LICENSE; AND
CONSIDER INTRODUCING AND READING THE TITLE ONLY AND
WAIVING THE FURTHER READING OF ORDINANCE 2023-, ESTABLISHING
A SMOKE FREE PUBLIC PLACE
RECOMMENDATION:
It is requested that the City Council:
1. Open a public hearing; and;
2. Consider introducing and reading by tit le only and waiving furth er reading Ordinance 2023-, Adopting a Comprehensive Tobacco Retailer License; and
3. Consider introducing an d reading the title only and waiving the further reading of Ordinance 2023 -Establishing a Smoke Free Public Place.
BACKGROUND:
Currently the City of Marina (“City”) is a participant in the Blue Zone Project , a Monterey County- wide initiative committed to ensuring that all people have a fair and just opportunity to live a long and healthy life. One of the focal points for the Blue Zones Project is their “Tobacco Policy” which encourages local agencies to create an environment where smoking (including vaping) and the use of nicotine is less desirable, accessible and acceptable.1
Tobacco Retailing License
Monterey County enacted an ordinance to esta blish tobacco licensing regulations. The County has asked local jurisdictions to adopt to bacco licensing ordinances mirroring the County so the County can enforce compliance with tobacco laws uniformly throughout the County. Attachment 1 (Comprehensive To bacco Retail License Ordinance) would ensure tobacco retailer s comply with tobacco control laws and business standards. This ordinance would also meet the Blue Zone’s intent to decrease secondhand smoke exposure (including aerosol from e -cigarettes and smo ke from marijuana) and reduce access to, and availability of smoking, vaping, and tobacco products. The ordinance before the City Council is modeled after the County ’s Ordinances with a minor addition:
- Limiting the sale of tobacco products at local pharmacies to further restrict access to these products within the City.
Establishing a Smoke Free Public Place Ordinance.
1 2021 Monterey County Peninsula Cities Blueprint, https://info.bluezonesproject.com/montereycounty.
1 Tobacco use is the number one cause of preventable deaths in California. 2 Secondhand smoke has repeatedly been identified as a health ha zard and the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke .3 Over the last decade, many California communities have passed tobacco -free laws or regulations that cover outdoor areas such as parks, recrea tional facilities, beaches, outdoor workplaces, restaurant an d bar patios, transit waiting areas, and public events such as county fairs and farmers ’ markets. As of January 2019, more than 235 California cities and counties had adopted outdoor secondhand s moke ordinances.4 Attachment 2 (Smoke Free Public Place Ordin ance) is based on a model ordina nce that can be modified for local purposes to limit the exposure to secondhand smoke.
ENVIRONMENTAL DETERMINATION:
This activity is covered by the commonsense e xemption that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Wh ere it can be seen with certainty that there is no possibility that the activity in quest ion may have a significant effect on the environment, the activity is not subject to CEQA pursuant to Section 15061(b)(3) the CEQA Guidelines. .
FISCAL IMPACT:
There shall be no fiscal impact for the adoption of these ordinances.
CONCLUSION:
These ordinances are submitted for City Council consideration and action.
Respectfully submitted,
__________________________________
Guido F. Persicone, AICP
Community Development Director
City of Marina
REVIEWED/CONCUR:
_________________________________
Layne P. Long
City Manager
City of Marina
Attachments:
1) Adopting a Comprehensive Tobacco Retailer Licensing Ordinance 2) Establishing a Smoke Free Public Place Ordinance
3) List of Smoke Free Public Place Ordinances
2 United States Department of Health and Human Services, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General (2014).
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK1792 76.pdf 3 United States Department of Health and Human Services, The Health Consequences of Involuntary Exposure to Tobacco Smoke, A Report of the Surgeon General (2006), https://www.cdc.gov/tobacco/sgr/2006/pdfs/no-risk- free.pdf
4 Tam D. Vuong, California Tobacco Facts and Figures, California Department of Health (2019) 2 ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING TITLE 5 OF THE MARINA CITY CODE
BY ADDING CHAPTER 5.90, “TOBACCO RETAILER LICENSE”
WHEREAS, the State of California enacted California Business and Professions Code, Division 8.6, Chapter 1, Section 22970 entitled “Cigarette and Tobacco Products Licensing Act of 2003” (the “Act”) to control tobacco sales; and
WHEREAS, the Act explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, pursuant to the authority established by the Act applicable to a local entity’s ability to adopt tobacco licensing regulations, Monterey County (“County”) enacted Ordinance 5200 adding Chapter 7.80, “Tobacco Retailer License” to the County Code establishing licensing requirements for tobacco retailing to “encourage responsible retailing of tobacco” and to “discourage violations of tobacco-related laws”; and WHEREAS, over 200 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco; and WHEREAS, a majority of cities within the County have adopted a tobacco retail licensing ordinance; and
WHEREAS, the City of Marina (“City’) has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following: In 2022, 27.7 percent of the retailers illegally sold tobacco to young adult decoys; Almost 90% of adults who smoke began by age 18, and 99% began by age 26; disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth; in 2023, 20.3% of high school students in California had tried some sort of tobacco product, and almost 18% of high school students have tried vapes; and WHEREAS, youth are more receptive to and influenced by tobacco advertising compared to adults, and the tobacco industry spends an estimated $485 billion in tobacco advertising in California each year; and
WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day, particularly in neighborhoods experiencing poverty; and
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates and initiation of noncigarette tobacco product use; and
3 ATTACHMENT 1
Ordinance No. 2023-
Page Two
WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer and density is higher; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City in order to protect the health, safety, and welfare of our residents; and WHEREAS, the County Health Department has asked for local jurisdictions to adopt tobacco licensing ordinances mirroring the County’s, so the County can enforce compliance with tobacco laws uniformly throughout the County and improve overall compliance while limiting sales to minors; and
WHEREAS, City staff and County staff have a long history of working together to promote community health and wellness; and
WHEREAS, the activity is covered by the commonsense exemption that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA pursuant to Section 15061(b)(3) the CEQA Guidelines
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
1. The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.
2. The City Council finds that the recitals set forth above contain persuasive support for the proposition that the City has adequate authority to allow and regulate tobacco retail sales in the City.
3. The City Council hereby finds that it is in the best interest of the health, safety and welfare of the residents of the City to establish regulations that will license tobacco retail sales within the City.
4. The City wishes to adopt regulations that mirror County Code 7.80 so as to allow either the City or the County to oversee and enforce provisions applicable to licensing tobacco retailers.
Section 2. New Chapter 5.90, “Tobacco Retail Licensing” is hereby added to Title 5, BUSINESS TAXES, LICENSES AND REGULATIONS, of the Marina City Code as follows:
4 ATTACHMENT 1
Ordinance No. 2023-
Page Three
CHAPTER 5.90- TOBACCO RETAILER LICENSE
Sections:
5.90.010 Adoption of provisions of the Monterey County Tobacco Retailer License Regulations
5.90.020 Prohibition of Licensing Pharmacies for the Sale of Tobacco
5.90.010 Monterey County Tobacco Retailer License Provisions Adopted A. Monterey County Code Chapter 7.80, entitled “Tobacco Retailer License” pertaining to tobacco retailer products, as may be amended, is hereby adopted by the city and incorporated by reference into this chapter, and made a part hereof, and shall be enforced within the limits of the city.
B. For purposes of the city, the following terms shall apply to incorporation of the Monterey County ordinance into this Chapter.
1. All reference to the term “unincorporated areas of the County of Monterey” in the Monterey County Code shall be amended to include the term “city limits of Marina.”
2. All reference to the term “Chapter” in the Monterey County Code shall be to the term “Chapter” in the Marina Municipal Code.
3. All reference to the term “Code” in the Monterey County Code shall be to the Marina Municipal Code.
C. A violation of the Monterey County ordinance is considered an infraction and a violation of the Marina Municipal Code, and may be enforced pursuant to 1.08, 1.10 and 1.12.
5.90.010 Pharmacy Tobacco Retailing is Prohibited
A. The definitions set forth in Monterey County Code Chapter 7.80, entitled “Tobacco Retailer License,” apply to this subsection. In addition, for the purposes of this subsection, “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
B. Prohibition – Pharmacy.
1. No License may issue, and no existing License may be renewed, to authorize Tobacco Retailing in a pharmacy.
2. No person shall sell or otherwise distribute a tobacco product in a Pharmacy. 5 ATTACHMENT 1
Ordinance No. 2023-
Page Four
Section 3. Severability.
It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivisi on, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of th e remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivisio n, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.
Further, i f any section, subsection, subdivision , paragraph, sentence, clause, or phrase of Monterey County Code Chapter 7.80 , entitled “Tobacco Retailer License”, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it w ould have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase of Monterey County Code Chapter 7.80 independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrase s were declared invalid or unenforceable.
Section 4. Effective Date.
This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.
This foregoing ordinance was introduced at a regular meeting of the City Council and read on the 15th day of August 2023 and was finally adopted on the 6th day of September 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________________
Bruce Delgado, Mayor
ATTEST:
_______________________________
Anita Sharp, Deputy City Clerk
6 ATTACHMENT 1
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY OF MARINA AMENDING TITLE 8, HEALTH
AND SAFETY, OF THE MARINA MUNICIPAL CODE
BY ADDING CHAPTER 8.09, “SMOKE FREE PUBLIC PLACE,” TO
REGULATE SMOKING AND TOBACCO USE
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors; and WHEREAS, smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States Environmental Protection Agency’s Air Quality Index; and WHEREAS, exposure to secondhand smoke causes death and disease, as since 1964 approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke; and
WHEREAS, secondhand smoke was responsible for an estimated 34,000 heart disease- related and 7,300 lung cancer-related deaths among adult nonsmokers each year during 2005– 2009 in the United States; and
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:
▪ The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer; ▪ Cannabis smoke contains at least 33 known carcinogens; ▪ In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance; and
▪ A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects; and
WHEREAS, significant disparities in tobacco use exist in California, which create barriers to health equity as African American (17.0%) and American Indian (19.1%) Californians report a higher smoking prevalence than white Californians (11.8%); and WHEREAS, Californians with the highest levels of educational attainment and annual household income report the lowest smoking rates; and
WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as smokeless tobacco use can lead to nicotine addiction, and cause oral, esophageal, and pancreatic cancers; and
WHEREAS, smokeless tobacco use is associated with increased risk for heart disease and stroke and stillbirth and preterm delivery; and
ATTACHMENT 2
Ordinance No. 2023-
Page Two
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:
▪ Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;
▪ Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke; ▪ Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health; and ▪ Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns; and
WHEREAS, the activity is covered by the commonsense exemption that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA pursuant to Section 15061(b)(3) the CEQA Guidelines
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.
Section 2. New Chapter 8.09, “Smoke Free Public Place” is hereby added to Title 8, HEALTH AND SAFETY, of the Marina City Code as follows:
CHAPTER 8.09 SMOKE FREE PUBLIC PLACE
Sections:
8.09.010 Definitions.
8.09.020 Prohibition of Smoking in Unenclosed Areas.
8.09.030 Smoke Free Buffer Zones.
8.09.040 Tobacco Waste.
8.09.050 Enforcement.
8.09.040 Violation and Penalties.
ATTACHMENT 2
Ordinance No. 2023-
Page Three
8.09.010 Definitions. For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise
A. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.
B. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. This shall not include inhalers or medical devices prescribed by a physician for medical purposes.
C. “Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent.
D. “Multiunit Residence” means property containing two or more units, including, but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.
E. “Outdoor Dining Area” means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink.
F. “Person” means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.
G. “Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.
H. “Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including public squares, sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities.
I. “Recreational area” means any publicly or privately owned area, including streets and sidewalks located within the area, that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, vernal ponds, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
ATTACHMENT 2
Ordinance No. 2023-
Page Four
J. “Service area” means any publicly or privately owned area, including streets and sidewalks, designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.
K. “Service lines” means an outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, mobile vendor lines, movie ticket lines, and sporting event lines.
L. “Smoke” or “Smoking” means: (1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic; (2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
M. “Tobacco Product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah, tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco, and any product or formulation of matter containing biologically active amounts of nicotine that is product or matter will be introduced into the human body.
N. “Tobacco product waste” means any component, part, or remnant of any tobacco product.
Tobacco product waste includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.
O. “Tobacco use” means the act of smoking or the consumption of any other tobacco product in any form.
P. “Unenclosed area” means any area that is not an enclosed area.
8.09.020 Prohibition of Smoking in Unenclosed Areas.
A. Smoking is prohibited in the unenclosed areas of the following places within the city:
1. Recreational areas
2. Service areas
3. Outdoor dining areas
4. Public event areas
5. Sidewalks
6. Public places
ATTACHMENT 2
Ordinance No. 2023-
Page Five
B. Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking and tobacco use on any part of such property, even if smoking or tobacco use is not otherwise prohibited in that area.
8.09.030 Smoke Free Buffer Zones
Smoking in all unenclosed areas shall be prohibited within 25 feet from any area in which smoking is prohibited under Section 8.09.020 of this chapter or by any other law. This prohibition shall not apply to unenclosed areas of private residential properties that are not multiunit residences.
8.09.040 Tobacco Waste
A. No person or employer shall permit smoking ash receptacles within an area under their control and in which smoking is prohibited by law, including within twenty-five (25) feet from any area in which smoking is prohibited. The presence of smoking ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter.
B. No person shall dispose of tobacco product waste within the boundaries of an area in which smoking is prohibited.
8.09.050 Enforcement
A. No person shall permit smoking or tobacco use in an area that is under the control of that person and in which smoking, or tobacco use is prohibited by this article or any other law.
B. Event organizers shall post at least five no smoking signs at an entrance to the event.
Signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol and may be printed. A template of the no smoking sign will be included with the event application provided by the City.
C. A person that has control of an area in which smoking, and tobacco use is prohibited by this chapter shall direct anyone who is smoking or using tobacco in violation of this chapter to extinguish the product being smoked or stop using the tobacco product.
D. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
8.09.060 Violations and Penalties.
Enforcement of these provisions shall be governed by Chapters 1.08 , Chapter 1.10, and Chapter
1.12 of the Marina Municipal Code. Each instance of smoking or tobacco use in violation of this chapter shall be an infraction, and constitute a separate violation. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
ATTACHMENT 2
Ordinance No. 2023-
Page Six
Section 3. California Environmental Act (CEQA).
The adoption of this ordinance is exempt from the California Environmental Quality Act, based on 14 California Code of Regulations Section 15061(b)(3), where, as the case here, it can be seen with certainty that there is no poss ibility that the activity in question may have a significant effect on the environment because no change in existing permitted uses of land results from adoption of this ordinance, and to the extent impacts associated with the proposed location of cultivation and manufacturing facilities exist, they have been previously addressed in other environmental documents.
Section 4. Severability.
It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate o r contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any re ason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its applica tion to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, p aragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.
Section 4. Effective Date.
This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.
This ordinance was introduced and read on the 15th day of August 2023 and was finally adopted on the 6th day of September 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
_______________________________
Bruce Delgado, Mayor
ATTEST:
_______________________________
Anita Sharp, Deputy City Clerk
ATTACHMENT 2
1 California Policies for Smokefree Parks
June 15, 2022
This list shows California jurisdictions that have policies that regulate smoking in parks. Policies may prohibit smoking in all, or some, or specified parks or prohibit smoking except for designated smoking areas. The list includes jurisdictions that cover parks by default, inasmuch as all outdoor recreational areas in those jurisdictions are required to be smokefree.
252 jurisdictions prohibit or otherwise regulate smoking in all, some, or specified parks, or in all recreation areas including parks by default.
Jurisdiction Parks
1. Adelanto Yes
2. Agoura Hills Yes
3. Alameda Yes
4. Albany Yes
5. Alhambra Yes
6. Aliso Viejo Yes
7. Alpine County Yes
8. Amador County Yes
9. American Canyon Yes
10. Apple Valley Yes
11. Arbuckle Yes
12. Arcata Yes
13. Arroyo Grande Yes
14. Arvin Yes
15. Atascadero Yes
16. Baldwin Park Yes
17. Banning Yes
18. Barstow Some/Specified
19. Bell Yes
20. Belmont Yes
21. Belvedere Yes
22. Benicia Yes
23. Berkeley Some/Specified
24. Beverly Hills Yes
25. Big Bear Lake Some/Specified
26. Bishop Yes
27. Blue Lake Yes
28. Brisbane Yes
29. Buellton Yes
30. Buena Park Yes
31. Burbank Sections
32. Calabasas Yes
33. Calexico Yes
34. Calimesa Yes
35. Calistoga Yes
36. Camarillo Yes, all
Jurisdiction Parks
37. Capitola Yes
38. Carpinteria Yes
39. Carson Yes
40. Ceres Yes
41. Cerritos Yes
42. Chico Yes
43. Chula Vista Yes
44. Citrus Heights Yes
45. Claremont Some/Specified
46. Clayton Yes
47. Clearlake Yes
48. Cloverdale Yes
49. Clovis Yes
50. Colma Yes
51. Colton Yes
52. Colusa Yes
53. Compton Yes, all
54. Concord Yes, all
55. Corona Yes
56. Coronado Yes
57. Corte Madera Yes, all
58. Costa Mesa Yes
59. Cotati Yes
60. Crescent City Some/Specified
61. Cudahy Some/Specified
62. Culver City Yes
63. Cupertino Some/Specified
64. Daly City Yes
65. Dana Point Yes
66. Danville Some/Specified
67. Davis Yes
68. Del Mar Yes
69. Dublin Yes
70. East Palo Alto Yes, all
71. El Cajon Yes
72. El Cerrito Yes
ATTACHMENT 3
2 Jurisdiction Parks
73. El Monte Yes
74. Emeryville Yes
75. Encinitas Some/Specified
76. Eureka Yes
77. Exeter Yes
78. Fairfax Yes
79. Fillmore Sections
80. Firebaugh Yes
81. Folsom Yes
82. Fort Bragg Yes
83. Fortuna Yes
84. Foster City Yes
85. Fountain Valley Yes
86. Fowler Yes
87. Fremont Yes
88. Fresno Some/Specified
89. Gardena Yes
90. Gilroy Some/Specified
91. Glendora Yes
92. Grand Terrace Yes
93. Grass Valley Yes
94. Grover Beach Yes
95. Guadalupe Yes, all
96. Hayward Yes
97. Healdsburg Yes
98. Hemet Yes
99. Hercules Yes, all
100. Hermosa Beach Yes
101. Hughson Yes
102. Huntington Park Yes
103. Imperial Beach Yes
104. Inglewood Yes
105. Ione Sections
106. Irvine Yes
107. Jackson Yes
108. Jurupa Valley Some/Specified
109. Kerman Yes
110. La Cañada Flintridge Yes
111. La Mesa Yes
112. La Verne Yes
113. Lafayette Yes
114. Laguna Beach Yes
115. Laguna Hills Yes
116. Laguna Niguel Yes
117. Laguna Woods Yes
118. Lakeport Yes
119. Larkspur Yes
120. Lemon Grove Yes
Jurisdiction Parks
121. Lindsay Some/Specified
122. Live Oak Yes
123. Livermore Yes
124. Loma Linda Yes
125. Long Beach Some/Specified
126. Los Angeles Yes
127. Los Gatos Yes
128. Mammoth Lakes Some/Specified
129. Manhattan Beach Yes
130. Marin County Yes, all
131. Mariposa County Yes
132. Martinez Yes
133. Maywood Yes, all
134. Menlo Park Yes
135. Mill Valley Yes, all
136. Milpitas Some/Specified
137. Monte Sereno Some/Specified
138. Monrovia Yes
139. Monterey Park Yes
140. Morro Bay Yes
141. Moorpark Sections
142. Mount Shasta Yes
143. Mountain View Sections
144. Murrieta Yes
145. Napa Yes, all
146. National City Yes
147. Nevada City Yes
148. Newport Beach Yes
149. Norco Yes
150. Novato Yes
151. Oak Park Yes, all
152. Oakland Yes
153. Oakley Yes
154. Oceanside Yes
155. Ojai Sections
156. Orinda Yes
157. Oxnard Yes, all
158. Pacific Grove Yes
159. Palm Springs Yes
160. Palo Alto Yes, all
161. Palos Verdes Estates Yes
162. Paradise Some/Specified
163. Pasadena Yes
164. Paso Robles Yes
165. Petaluma Yes
166. Pico Rivera Yes
167. Piedmont Yes
168. Pinole Some/Specified
ATTACHMENT 3
3 Jurisdiction Parks
169. Pismo Beach Yes
170. Pittsburg Yes
171. Pleasanton Some/Specified
172. Pomona Yes
173. Rancho Cordova Yes, all
174. Rancho Cucamonga Yes
175. Redding Yes
176. Redlands Yes
177. Redondo Beach Yes
178. Redwood City Yes
179. Reedley Yes
180. Richmond Yes
181. Riverside Yes
182. Rohnert Park Yes
183. Rosemead Yes
184. Roseville Yes
185. Ross Some/Specified
186. Salinas Yes
187. San Anselmo Yes
188. San Bernardino Yes
189. San Bruno Yes
190. San Clemente Yes
191. San Diego County Yes
192. San Dimas Yes
193. San Fernando Yes
194. San Francisco Yes
195. San Gabriel Yes
196. San Jose Yes
197. San Leandro Yes
198. San Luis Obispo Some/Specified
199. San Luis Obispo County Sections
200. San Mateo Some/Specified
201. San Mateo County Yes
202. San Rafael Yes
203. San Ramon Yes
204. Santa Ana Yes
205. Santa Clara County Yes
206. Santa Clarita Yes
207. Santa Cruz County Yes
208. Santa Maria Yes
209. Santa Monica Yes
210. Saratoga Yes
Jurisdiction Parks
211. Sausalito Yes
212. Seal Beach Yes
213. Sebastopol Yes, all
214. Simi Valley Sections
215. Solana Beach Yes
216. Solano County Yes
217. Sonoma Yes
218. South Pasadena Yes
219. South San Francisco Yes
220. St. Helena Yes
221. Stanton Yes, all
222. Sunnyvale Some/Specified
223. Sutter County Yes
224. Tehachapi Yes
225. Temecula Yes
226. Temple City Yes
227. Thousand Oaks Some/Specified
228. Tiburon Yes, all
229. Torrance Yes
230. Truckee Yes
231. Turlock Yes
232. Ukiah Yes
233. Union City Yes
234. Vallejo Yes
235. Ventura Yes, all
236. Ventura County Sections
237. Victorville Yes
238. Vista Yes
239. Walnut Yes
240. Walnut Creek Yes
241. Wasco Yes
242. Watsonville Yes
243. Weaverville Yes
244. West Hollywood Some/Specified
245. West Sacramento Some/Specified
246. Whittier Yes
247. Williams Yes
248. Windsor Yes
249. Winters Yes
250. Yountville Yes
251. Yuba City Yes
252. Yucaipa Yes
ATTACHMENT 3
August 7, 2023 Item No: 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council/Airport Commission of August 15, 2023 CITY COUN CIL TO CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MARINA
AND NEW CINGULAR WIRELESS PCS, LLC FOR CONSTRUCTION AND
OPERATION OF A TELECOMMUNICATIONS FACILITY ON CITY OWNED
PROPERTY AT THE NORTHWEST CORNER OF CALIFORNIA AVE AND 3RD AVENUE (APN 031-201-005), AUTHORIZING FINANCE DIRECTOR TO
MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES, 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 Resol ution No. 20 23-, approving a Lease Agreement between the City of Marina and New Cingular Wireless P CS, LLC for construction and operation of a telecommunications facility on city owned property at the northwest corner of California and 3rd avenue; and
2. Authorizing Finance Director to make necessary accounting and budgetary entries; and
3. Authorizing City Manager to execute the Lease Agreement on behalf of the City, subject to final review and approval by City Attorney.
BACKGROUND:
Cellular telephone coverage in the fo rmer Fort Ord area of Marina is lacking in comparison to other areas of the City. Residents, businesses and visitors have expressed an interest in increasing the cellular telephone coverage in the former Fort Ord area over the past few years.
New Ci ngular Wireless has commissioned Epic Wireless Group to locate a new telecommunications facility in the general vicinity of California Avenue and Imjin Parkway to address gaps in the AT&T coverage in the area of Sea Haven, Preston and Abrams Parks, the Dunes, and the southeastern part of Central Marina.
Currently, a telecommunications facility operated by T -Mobile exists on the property located at the southeast corner of Im jin P arkway and California Avenue. Staff has been inf ormed by a National Parks Service re presentative that this faci lity will not be able to be renewed when the lease is up in 2029 . The property was deeded by the Ar my to the City wi th restrictions on the uses that it c an be used for. A telecommunications facility has been determined t o not be an allowable use and the existing facility was allowed in error in 2004.
To solve the issue with T-Mobile losing its coverage in the area in 2029 when its lease expires, staff suggested that Epic Wireless cons ider a tower that coul d serve both AT &T and T -Mobile customers to e xpand the access of telecommunications coverage and reduce the number of towers constructed in the area.
1 Staff performed a field survey in concert with the Epic Wireless, to assist with finding a feasible site for a new telecommunications facility that meets the needs of the carriers, accommodates for future development in the area , does not require the removal of trees, and avoids existing infrastructure and easements. After site assessments, the location near the corner o f 3rd Avenue and California Avenue on the former Cypress Knolls pro perty was chose n as the most viable candidate.
Epic Wireless submitted an application for a Conditional Use Permit to construct an eighty-nine- foot tall monopine facility that exceeds the height limitation of the single-family residential zone.
The application was hear d by the Planning Commi ssion on May 25, 2023 , a nd approved .
Condition of Approval No. 19 required that the applicant be issued a Lease with th e City for the City-owned property for the Permit to be valid. The Planning Commission Resolution is included as included as EXHIBIT “A”, and contains the following supporting documentation:
• Conditions of Approval
• Plan Set 10/24/2022
• Cypress Knolls Project Area Environmental Survey from 10/12/2022 • Radio Frequency Emissions Compliance Report For AT&T Mobility 1/3/2023 • LTE 700 Coverage Maps 12/21/2022
• Photo Simulations from 3/4/2023
ANALYSIS:
The Planning Commission’s role in rev iewing the proposed telec ommunications facility was to hold a public hearing and consider approval of a Conditional Use Permit for the height of the facility and design characteristics. The City Council is charged with considering the issuance of a lease agreement to allow for the telecommunications facility to be located on City -owned property. Staff and the City Attorney’s Office have worked with the applicant to develop a lease document that contains the rates, te rms and other necessary provisions for the City Council ’s consideration. The proposed Lease is included as “EXHIBIT B”.
The terms of the proposed lease consist of the following.
Initial Base Rent $2,900.00 per month
Added Carriers $500 per month plus new ground lease rate for the additional carrier New Escalation 2% annually
New Initial Term 60 months (5 years)
# of Renewal Terms 4
Total Term 25 years
As not ed in the Background, staff worked with the applicant to ensure maximum use of the tower and pro vided the expanded t elecommunications coverage that has been d esired in the recent past. Additional carriers that collocate on the propo sed tower would pay an additional $500 per month through the proposed lease. In addition, new carriers that collocate on the tower will require additional ground space for e quipment and will need to enter a lease with the City for the additional ground space separately. Through these provisions , a s econd tenant could generate up to twice the revenue the City would receive from AT&T alone, without an additional tower needing to be constructed. If a third carrier wishes to expand its coverage in the area as well, the revenue would increase again.
2 FISCAL IMPACT:
Should the City Council approve this request, the beginning annual rent revenue to the City for one tenant will be $34,800.
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
3 RESOLUTION NO. 2023-
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023- , APPROVING
A LEASE AGREEMENT BETWEEN THE CITY OF MARINA AND NEW
CINGULAR WIRELESS PCS, LLC FOR CONSTRUCTION AND OPERATION OF A
TELECOMMUNICATIONS FACILITY ON CITY OWNED PROPERTY AT THE NORTHWEST CORNER OF CALIFORNIA AVE AND 3RD AVENUE (APN 031- 201-005), AUTHORIZING FINANCE DIRECTOR TO MAKE NECESSARY
ACCOUNTING AND BUDGETARY ENTRIES, AND AUTHORIZING CITY
MANAGER TO EXECUTE THE LEASE AGREEMENT ON BEHALF OF THE CITY,
SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY
WHEREAS, residents, businesses and visitors have expressed an inte rest in increasing the cellular telephone coverage in the former Fort Ord area over the past few years; and,
WHEREAS, New Cingular Wireless has commissioned Epic Wireless Group to locate a new telecommunications facility in the general vicinity of California Avenu e and Imjin Parkway to address gaps i n the AT&T coverage in the area of Sea Haven, Preston and Abrams Parks, the Dunes, and the southeastern part of Central Marina; and,
WHEREAS, Epic Wireless submitted an application for a Conditional Use Permit to construct an eighty-nine-foot tall monopin e faci lity that exceeds the height limitation of the single family residential zone. The application was heard by the Planning Commi ssion on May 25, 2023 , and approved. The Planning Commission Resolution is included as included as EXHIBIT “A”; and
WHEREAS, staff and the City Attorney ’s Office have worked with the applicant to develop a lease document that contains the rates, terms and other necessary provisions for the City Council’s consideration. The proposed Lease is included as “EXHIBIT B” , and conta ins t he following:
Initial Base Rent $2,900.00 per month
Added Carriers $500 per month plus new ground lease rate for the additional carrier New Escalation 2% annually
New Initial Term 60 months (5 years)
# of Renewal Terms 4
Total Term 25 years
WHEREAS, initial annual rent revenue to the City will be $34,800 in the first year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Adopt Resolution No. 2023- , approving a Lease Agreement between the City of Marina and New Cingular Wireless P CS, LLC for construction and operation of a telecommunications facility on city owned proper ty at the northwest corner of California and 3rd avenue; and
2. Authorize the Finance Director to make necessary accounting and budgetary entries; and
4 Resolution No. 2023-
Page Two
3. Authorize the City Manager to e xecute the Lease Agreement on behalf of the City, subject to final review and approval by City Attorney.
PASSED AND ADOPTED by the City Counci l of the City of Marina at a r egular meeting duly held on the 15th day of August 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
______________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
5 EXHIBIT A
6 EXHIBIT A
7 EXHIBIT A
8 EXHIBIT A
9 EXHIBIT A
10 EXHIBIT A
11 EXHIBIT A
12 EXHIBIT A
13 EXHIBIT A
14 EXHIBIT A
15 EXHIBIT A
16 EXHIBIT A
17 EXHIBIT A
18 EXHIBIT A
19 EXHIBIT A
20 EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 EXHIBIT A
31 EXHIBIT A
32 LAND LEASE AGREEMENT
THIS LAND LEASE AGREEMENT (“Agreement”), dated as of the latter of the signature dates below (the “Effective Date”), is entered into by the City of Marina, a municipal corporation, having a mailing address of 211 Hillcrest Avenue, Marina, CA 93933 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”).
BACKGROUND
Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at the northwest corner of California and 3rd Avenue (APN 031-201-005), in the City of Marina, in the County of Monterey, State of California (collectively, the “Property”). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. LEASE OF PREMISES.
Landlord hereby leases to Tenant a certain portion of the Property containing approximately 900 square feet including the air space above such ground space, as described on attached Exhibit 1, (the “Premises”), for the placement of a Communication Facility in accordance with the terms of this Agreement.
2. PERMITTED USE.
(a) Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and i mprovements, which may include a suitable support structure (“Structure”), associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (the “Communication Facility”), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the “ Permitted Use ”). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant’s Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord’s execution of this Agreement will signify Landlord’s approval of Exhibit 1. For a p eriod of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of the Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property’s main entry point to the equipment shelter or cabinet, install a generator and to make other improvements, alterations, upgrades or additions appropriate for Tenant’s Permitted Use, including the right to construct a fence around the Premises or eq uipment, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant’s safety procedures or applicable law, and undertake any other appropriate means to secure the Premises or equipment at Tenant’s expense. Tenant has the right to modify, supplement, replace, expand and upgrade the Communication Facility (including, for example, increasing the number of antennas or adding microwave dishes) or relocate the Communicat ion Facility within the Premises at any time during the Term.
Tenant will be allowed to make such alterations to the Premises in order to ensure that the Communication Facility complies with all applicable federal, state or local laws, rules or regulations.
EXHIBIT B
33 (b) Prior to the initial installation, or subsequent modification of the Communication Facility, Tenant will supply Landlord with plans and specifications (“Plans”) to be reviewed and approved by Landlord prior to commencement of construction. Landlord’s approval will not be unreasonably withheld, conditioned or delayed (and in no event delayed beyond thirty (30) days). Landlord’s approval right in the foregoing sentence shall include the right to approve the design, height, setbacks, and other physical and aesthetic characteristics of the proposed Communications Facility and any subsequent modification thereto, whether by Tenant or Collocator. Tenant’s proposed Communications Facility to be located on the Premises shall be designed to be a stealth facility. After approval, the Plans will be considered incorporated in this Agreement as Exhibit 1. If Landlord disapproves the Plans then the Tenant will provide Landl ord with revised Plans, such revisions to be within Tenant’s reasonable discretion. In the event Landlord disapproves of the revised Plans, Tenant may either i) make further revisions to the Plans and submit them to Landlord for review or ii) terminate th is Agreement without further liability by providing written notice to Landlord. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement and will return the Plans to Tenant promptly upon request. Tenant maintains the right to perform routine maintenance, repairs, replacements and upgrades without Landlord approval when no changes to the exterior appearance of Tenant’s Communication Facility are made.
3. TERM.
(a) The initial lease term will be five (5) years (the “Initial Term”), commencing on the Effective Date. The Initial Term will terminate on the fifth (5th) anniversary of the Effective Date. (b) This Agreement may be renewed for four (4) additional five (5) year term(s) (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein. -. After expiration of the Third extension Term, Landlord will have the option to terminate this Agreement upon providing at least fifteen (15) months’ prior written notice to Tenant. (c) The Initial Term and any Extension Terms are collectively referred to as the “Term.”
4. RENT.
(a) Commencing within ten (10) months of the Effective Date of this Agreement as long as all required permits have been issued by the jurisdiction or on the first day of the month following the date that Tenant commences construction, whichever occurs first (the “Rent Commencement Date”), Tenant will pay Landlord on or before the fifth (5 th) day of each calendar month in advance, Two Thousand Nine Hundred and No/100 Dollars ($2,900.00) (the “Rent”), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Rent Commencement Date. (b) Upon the commencement of year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by two percent (2%) over the Rent paid during the previous year.
(c) Revenue Share. In the event Tenant sublets or licenses space on the Communication Facility to a third party collocator (“Collocator”), Tenant shall remit $500 per additional carrier colocation with same 2% escalator the (the “Collocator Rent”) to Landlord (the “ Landlord’s Revenue Share”). The Collocator Rent shall be negotiated by and between Tenant and Collocator, on terms acceptable to Tenant, in Tenant’s s ole discretion. In calculating the amount of Landlord’s Revenue Share, Collocator Rent shall not include (i) any payment received by Tenant under the applicable sublease or license for reimbursement of operating and maintenance expenses or construction costs relating to the Communication Facility paid by Tenant or (ii) any other payment other than regular recurring rent or license fees , provided such other payments are not in lieu of Collocator Rent, i.e. rent abatement for capital costs, or designed in a manner to abate the rent to cover other costs and expenses. Upon Landlord’s prior written request, Tenant shall provide a redacted copy of any sublease entered into between Tenant and a Collocator. Landlord acknowledges and agrees that Landlord’s Revenue Share may or may not be passed through as a cost to Collocator and in the event that Landlord’s Revenue Share is passed through as a cost to Collocator, the same shall not be subject to further revenue sharing or mark up payable to Landlord. In the event Tenant sublets to more than one Collocator, Tenant shall be obligated to pay the Landlord’s Revenue Share for each Collocator. Tenant’s obligation to pay Landlord’s Revenue Share to
EXHIBIT B
34 Landlord shall expire or abate, as applicable, at such time as the Collocator does not pay Collocator Rent to Tenant, and shall resume, as applicable, if and when the Collocator resumes paying such recurring Collocator Rent and the Landlord’s Revenue Share shall be prorated for partial periods.
5. APPROVALS.
(a) Tenant acknowledges and agrees that , if, and to the extent required by applicable law, and provided that the City of Marina Municipal Code is not inconsistent with federal or state law, Tenant’s Permitted Use of the Premises will be subject to Tenant obtaining approval of a conditional use permit pursuant to section
17.58 of the Marina Municipal Code.
(b) Landlord agrees that Tenant’s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Tenant’s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (c) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (d) Tenant may also perform and obtain, at Tenant’s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant’s use of the Premises will be compatible with Tenant’s engineering specifications, system, design, operations or Government Approvals.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon thirty (30) days prior written notice to Landlord, if Tenant is unable to obtain , or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
(c) by Tenant upon w ritten notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
(d) by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section o f this Agreement, including the following:
Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Section 6(c) Termination, Section 11(d) Environmental, Section 08 Condemnation or Section 19 Casualty.
7. INSURANCE. During the Term, Tenant will carry and maintain in effect such commercial general liability policy based on ISO form CG 00 01 or a substitute form providing substantially equivalent coverage, as Tenant may deem necessary. Said policy of commercial general liability insurance will provide a combined single limit of One Million and No/100 Dollars ($1,000 ,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) in the aggregate. The policy required by this Agreement shall be issued by an insurer eligible to do business in the State of California and with a rating of at least A-:VII in the latest edition of Best’s Insurance Guide. At all times during the Term of this Agreement, Tenant shall maintain on file with City of Marina a certificate of insurance showing that the required coverage is in effect and including Landlord and its officers, employees, agents and volunteers as additional insureds by endorsement with respect to this Agreement.
Prior to commencement of construction, Tenant shall file with the City of Marina such certificate(s) and blanket endorsements on current versions of ISO Forms CG 20 10 and CG 20 37 or the substantial equivalent including Landlord as an additional insured.
EXHIBIT B
35 8. INTERFERENCE.
(a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio freque ncy user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Land lord will cause such interference to cease within twenty -four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
(d) For the purposes of this Agreement, “interference” may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. (e) Notwithstanding the foregoing, Landlord shall have the right to upgrade, se rvice, replace, and install new equipment on the Property that emit radio frequencies if such equipment is limited to governmental uses and only if such equipment does not interfere with the operations of the Communication Facility or the facilities of any subtenants, or Tenant’s rights under this Agreement.
9. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability , costs or expenses in connection with a third party claim (including reasonable attorneys’ fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant’s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, invitees, agents or independent contractors.
(b) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
10. WARRANTIES.
(a) Each of Tenant and Landlord (to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.
(b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant’s Permitted Use and enjoyment of the Premises under this Agreement; (iii) then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession
EXHIBIT B
36 of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord ; and (iv) Landlord’s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord.
11. ENVIRONMENTAL.
(a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos - containing materials and lead paint, and (ii) the Proper ty has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding ( “Claims”), to the extent arising from that party’s breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant.
(c) The indemnification provisions contained in this Section 11 specifica lly include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean -up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right to terminate this Agreement upon written notice to Landlord.
12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four (24) hour per day, seven (7) day per week pedestrian and vehicular access (“ Access”) to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord gran ts to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant’s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant’s request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System (“UAS”) in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at a Property, Landlord hereby grants Tenant, or any UAS operator acti ng on Tenant’s behalf, upon providing Landlord 40 hours’ notice, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Landlord ackno wledges that in the event Tenant cannot obtain Access to the Premises,
EXHIBIT B
37 Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement.
13. REMOVAL/RESTORATION.
(a) All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant’s personal property and, at Tenant’s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements o f every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant’s removal activities. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation.
(b) The Structure and Communication Facility shall be removed within sixty (60) days of the later of the end of the Term or termination or expiration of the Agreement, and cessation of Tenant’s operations at the Premises. The Premises will be restored to its original, preconstruction condition. Written verification of the removal of the Structure and Communication Facility will be provided to the Marina Director of Public Works within ninety (90) days of such removal. If the Tenant fails to remove the Structure and Communication Facility from the Premises within the time period specified herein, the site may be deemed a public nuisance by the Landlord and the Landlord may initiate removal at Tenant’s expense.
14. MAINTENANCE/UTILITIES.
(a) Tenant will keep and maintain the Premises in good condition, free from trash, debris, litter and graffiti and other forms of vandalism, reasonable wear and tear and damage from the elements excepted (“Adverse Conditions”). Should the Landlord provide Tenant with notice of an y Adverse Conditions , the Tenant shall remedy any adverse conditions within thirty (30) days of Tenant’s receipt of Landlord’s notice.
Notwithstanding the foregoing, Tenant will remove graffiti as soon as practicable. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements.
(b) Landlord will be responsible for maintenance of landscaping on the Property. (c) Tenant will be responsible for paying o n a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to sub-meter from Landlord. When sub-metering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remi t payment within sixty (60) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant’s reimbursement obligations hereunder. Within fifteen (15) days after a request from Tenant, Landlord shall provide copies of such utility billing records to the Tenant in the form of copies of invoices, contracts and cancelled checks. If the utility billing records reflect an overpayment by Tenant, Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant. (d) Any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty -four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty -four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
EXHIBIT B
38 (e) Tenant will have the right to install utilities, at Tenant’s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, fro m an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service c ompanies may from time to time require in order to provide such services to the Premises. Upon Tenant’s or service company’s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.
15. DEFAULT AND RIGHT TO CURE.
(a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non - payment of Rent if such Rent remains unpaid for more than thirty (30 ) days after written notice from Landlord of such failure to pay; or (ii) Tenant’s failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by L andlord and a breach of this Agreement: (i) Landlord’s failure to provide Access to the Premises as required by Section 12 within twenty -four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference problem as required by Section 8 within twenty -four (24) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty -five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies d ue to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity.
16. ASSIGNMENT/SUBLEASE.
(a) Tenant will have the right to assign , sell or transfer its interest under this Agreement, in whole or part, without Landlord’s consent, but with 60 days prior written notice to Landlord, to: (a) Tenant’s Affiliate, (b) to any entity with a net worth of at least Twenty Million Dollars ($20,000,000) or (c) any entity that acquires all or substantially all of the Tenant’s assets in the market as defined by the Federal Communications Commission in which the Property is located. Upon notification to Landlord of such assignment, transfer or sale, Tenant will be relieved of all future performance, liabilities and obligations under this Agree ment. Tenant shall have the right to sublease the Premises, in whole or in part, with Landlord’s consent, Landlord ’s consent not to be unreasonably withheld, conditioned or delayed . Tenant may not otherwise assign this Agreement without Landlord’s consent, Landlord’s consent not to be unreasonably withheld, conditioned or delayed. (b) Landlord will have the right to assign this Agreement or its interest in the Premises and its rights herein, in whole or in part, without Tenant’s consent. Upon notification to Tenant of such assignment, Landlord will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.
17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:
EXHIBIT B
39 If to Tenant: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CCL05573; Cell Site Name: California Ave and Imjin Parkway (CA) Fixed Asset #: 15923553
1025 Lenox Park Blvd. NE, 3rd Floor
Atlanta, Georgia 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CCL05573; Cell Site Name: California Ave and Imjin Parkway (CA) Fixed Asset #: 15923553
208 S. Akard Street
Dallas, TX 75202-4206
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.
If to Landlord: City Manager
City of Marina
211 Hillcrest Avenue.
Marina, CA 93933
With a copy to: City Attorney
NOLAND, HAMERLY, ETIENNE & HOSS
333 Salinas Street
P.O. Box 2510
Salinas, CA 93902
Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.
18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty -four (24) hours.
If a condemning authority takes all of the Property, or a portion sufficient, in Tenant’s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis.
19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within twenty-four (24) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casual ty or other harm as to render the Premises unsuitable, in Tenant’s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upo n such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception faciliti es on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to
EXHIBIT B
40 rebuild or restore the Property, Landlord will notify Tenant of such determination within thirt y (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.
20. WAIVER OF LANDLORD’S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Communication Facility from time to time in Tenant’s sole discretion and without Landlord’s consent.
21. TAXES.
(a) Landlord shall be responsible for (i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, (ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and (iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for (y) any taxes and assess ments attributable to and levied upon Tenant’s leasehold improvements on the Premises if and as set forth in this Section 21 and (z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, e xcise, recording, and other similar taxes and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital s tock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant’s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after the date of such notice of assessment. If Landlord does not provide such notice or not ices to Tenant in a timely manner and Tenant’s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth be low, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant’s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord’s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to i nstitute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant’s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law.
EXHIBIT B
41 (d) Intentionally Omitted.
(e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 2 1(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b).
(f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. In the event that Tenant’s tax address changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax address to the taxing authority or authorities.
(g) No twithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
22. SALE OF PROPERTY.
(a) Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder.
(b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writ ing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its succes sor shall send the documents listed below in this Section 22(b) to Tenant. Until Tenant receives all such documents, Tenant’s failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement.
i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W-9
vi. Completed and Signed Tenant Payment Direction Form vii. Full contact information for new Landlord including phone number(s)
(c) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
23. MISCELLANEOUS.
(a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
(b) Memorandum of Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially in the form attached as Exhibit 23(b). Either party may record this Memorandum of Lease at any time during the Term, in its absolute discretion. Thereafter during the Term, eit her party will, at any time upon fifteen (15) business days’ prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease.
EXHIBIT B
42 (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
(d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (“ Laws”) applicable to Tenant’s use of the Communication Fa cility on the Property.
Landlord agrees to comply with all Laws relating to Landlord’s ownership and use of the Property and any improvements on the Property.
(e) Bind and Benefit . The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreem ent of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates.
(g) Governing Law & Venue. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. Any dispute regarding the terms of this Agreem ent will be decided in the appropriate court with proper jurisdiction in the County of Monterey. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term “including” will be interpreted to mean “including but not limited to”; (iii) whenever a party’s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms “termination” or “expiration” are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods ; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate; and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates. All references to “Tenant” shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. “Affiliate” means with respect to a party to this Agreement, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification, removal, or restoration shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive.
(k) W-9. As a condition precedent to payment, Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord’s name or address. (l) Execution/No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreemen t will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and th e same agreement and shall become
EXHIBIT B
43 effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart.
(m) Attorneys’ Fees. In the event that any dispute between the parties related to this Agre ement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys’ fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL . EACH PARTY, TO THE EXTENT PERMITTED BY LAW,
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY
IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. (o) Incidental Fees. Unless specified in this Agreement, no unilateral fees or additional costs or expenses are to be applied by either party to the other par ty, including review of plans, structural analyses, consents, provision of documents or other communications between the parties. (p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.
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EXHIBIT B
44 IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date.
“LANDLORD”
City of Marina, a municipal corporation
By:
Print Name:
Its:
Date:
“TENANT”
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name:
Its:
Date:
[ACKNOWLEDGMENTS APPEAR ON NEXT PAGE]
EXHIBIT B
45 TENANT ACKNOWLEDGMENT
State of California
County of )
On ________________________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
LANDLORD ACKNOWLEDGMENT
State of California
County of )
On ________________________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
EXHIBIT B
46 EXHIBIT 1
DESCRIPTION OF PROPERTY AND PREMISES
Page of
to the Land Lease Agreement dated , 2020, by and between the City of Marina, a municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
The Premises are described and/or depicted as follows:
Notes:
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/OR CONSTRUCTION DRAWINGS OF THE PREMISES ONCE RECEIVED BY TENANT.
2. ANY SETBACK OF THE PREMISES FROM THE PROPERTY’S BOUNDARIES SHALL BE THE DISTANCE REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENT AUTHORITIES, INCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTING POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSMISSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE.
EXHIBIT B
47 EXHIBIT 11
ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:
None
EXHIBIT B
48 EXHIBIT 12
STANDARD ACCESS LETTER
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EXHIBIT B
49 {This Letter Goes On Landlord's Letterhead}
[Insert Date]
Building Staff / Security Staff
[Landlord, Lessee, Licensee]
[Street Address]
[City, State, Zip]
Re: Authorized Access granted to [ ]
Dear Building and Security Staff,
Please be advised that we have signed a lease with [ ] permitting [ ] to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant [ ] and its representatives, employees, agents and subcontractors (“representatives”) 24 hour per day, 7 day per week access to the leased area.
To avoid impact on telephone service during the day, [ ] representatives may be seeking access to the property outside of normal business hours. [ ] representatives have been instructed to keep noise levels at a minimum during their visit.
Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance.
_______________________
Landlord Signature
EXHIBIT B
50 EXHIBIT 23(b)
MEMORANDUM OF LEASE
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EXHIBIT B
51 MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this day of , 20 , by and between [Insert Landlord's Name] , a [Insert Jurisdictional State, and Entity Type] having its principal office/residing at [Insert Landlord's Address] (hereinafter called “Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”).
1. Landlord and Tenant entered into a certain Land Lease Agreement (“Agreement”) on the day of , 20 , for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The initia l lease term will be five (5) years commencing on the Effective Date, with four (4) successive five (5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
LANDLORD:
[Insert Landlord's Name] , a [Insert Jurisdictional State, and Entity Type]
By:
Print Name: [ ] Its: [Insert Title]
Date: [Insert Date]
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name: [ ] Its: [Insert Title]
Date: [Insert Date]
[ACKNOWLEDGMENTS APPEAR ON NEXT PAGE]
EXHIBIT B
52 TENANT ACKNOWLEDGMENT
State of California
County of )
On ________________________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
LANDLORD ACKNOWLEDGMENT
State of California
County of )
On ________________________________ before me, ________________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
EXHIBIT B
53 EXHIBIT 1 TO MEMORANDUM OF LEASE
DESCRIPTION OF PROPERTY AND PREMISES
Page of
to the Memorandum of Lease dated , 20 , by and between [Insert Landlord's Name] , a [Insert Jurisdictional State, and Entity Type] , as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
The Premises are described and/or depicted as follows:
EXHIBIT B
54 W-9 FORM
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EXHIBIT B
55 EXHIBIT B
56