Agenda — Marina City Council, September 19, 2023

AGENDA

Tuesday, September 19, 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 communi cation 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 received will become part of the record.

Council will have the option to modify their action on items based on comments received.

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

VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships 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 se tting. (Resolution No. 2006-112 - May 2, 2006)

Agenda for City Council Meeting of Tuesday, September 19, 2023 Page 2

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

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is buil t upon 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

Liesbeth Visscher, Brian McCarthy, Kathy Biala, Mayor Pro -Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

4. CLOSED SESSION:
a. Property: Tarmac Area, 3200 Imjin Road, Marina, CA
Negotiating Party: Joby Aero Inc.

Negotiator(s): City Manager
Terms: Price and Terms
b. Property: APN: 031-201-005-000 and APN: 031-251-018
Negotiating Party: KATMO Seaside LLC
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REP ORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

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

6. SPECIAL PRESENTATIONS:
a. National Recovery Month Proclamation, Sun Street Center b. Unexpected Business, Jong Gil Lee, Ryu Hojin and the Entire Team of the Korean Reality Show Proclamations
c. Annual Fire Department Open House
d. Below Market Rate Housing Lottery

7. COUNCIL AND STAFF ANNOUNCEMENTS:

Agenda for City Council Meeting of Tuesday, September 19, 2023 Page 3

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 t he Consent Agenda are normally approved by 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 it em and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item fr om the Consent Agenda for individual consideration. If an i tem 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 Consent Agenda may be approved by one motion. Prior to such a motio n 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 response. If discus sion 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.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 103113- 103185, totaling $1,209,293.93. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) September 6, 2023, Regular City Council Meeting
(2) September 12, 2023, Adjourned Regular City Council Meeting c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS:
(1) Adopting Resolu tion No. 2023 -, a pproving advertising and calling for bids for the City of Marina General Building Improvements On-Call Contract 2023.
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 2023-, authorizing the purchase of 4 Motorola Mobile Radios and necessary accessories.
(2) Adopting Resolution No. 2023 -, authorizing the City Manager to purchase pollution and legal liability (PLL) insurance coverage leve l of $ 1 million dollars.

Agenda for City Council Meeting of Tuesday, September 19, 2023 Page 4

g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS:
(1) Adopting Resolution No. 2023 -, approving the allocation of $55,655.14 for emergency fire sprinkler system repairs at 721 Neeson Road , Building 533.
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS:
(1) Appointing to Recreation & Cult ural S ervices Commission: Lisa Rike and Mia Nguyen. 2-seats expiring February 2026.

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to te n (1 0) minutes to speak. All other persons may be given up t o three (3) minutes to speak on the matter.
a. Council consider introduction of Ordinance No. 2023-, adopting amendments to the ordinance for Marina Municipal Code Chapter 12.25 entitled "Skate Park Facility Rules and Regulations " to include rules and regulations for the Pump Track.

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Ag enda item is that which is requested by staff. The Successor 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 whic h is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs s hould be un dertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution N o. 2023 -, approving a Lease Agreement between the City of Marina and New Cingular Wireless P CS, LLC for construction an d operation of a telecommunications facili ty on city owned property at the northwest corner of California and 3rd avenue.
b. Receive information from Team CivX on Facilities Bond Measure.

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and con ferences attended (Gov’t Code Section 53232).

15. ADJOURNMENT:

Agenda for City Council Meeting of Tuesday, September 19, 2023 Page 5

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and C ouncil Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reser vation Road and Del Mon te Boule vard on or before 6:30 p.m., Friday, September 15, 2023.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk a nd kept for a period of 90 da ys 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 t he Sund ay following the R egular City Council meeting date. In addition, Council meetings can be viewed 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 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 final agenda and through noon on t he day of the scheduled m eeting will be available for public review at the City Clerk’s Of fice during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recor dings of meetings can b e provided upon request. To request assistive listening devices, sign language int erpreters, readers, la rge print agendas or other accommodations, please call (831) 884 -1278 or e -mail: [email protected]. Requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 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 o r p o 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 u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i na Gr o u n d w 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 la r O p e n S e s s i o n s

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 Agenda for City Council Meeting of Tuesday, September 19, 2023 Page 6

CI TY H A L L 2023 H O L I D A Y S
(City Hall Closed)

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

September 21, 2023 October 19, 2023 November 16, 2023
December 21, 2023

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.

September 28, 2023 November 9, 2023
November 23, 2023(Cancelled)
December 14, 2023

October 12, 2023
October 26, 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.

September 21, 2023 October 19, 2023 November 16, 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 vi 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.

December 1, 2023

Agenda Item: 6a
Agenda Item: 6b
Agenda Item: 6b
Agenda Item: 6b
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 6600.625 - Other Charges Printing Svc
11790 - Quality Print & Copy 23633 Reprint of Business Cards for
Councilmember Kathy
Biala
Paid by Check
# 103137
08/29/2023 08/31/2023 08/31/2023 09/08/2023 117.79
Account 6600.625 - Other Charges Printing Svc Totals Invoice Transactions 1 $117.79 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $117.79 Division 000 - Non-Div Totals Invoice Transactions 1 $117.79 Department 110 - City Council Totals Invoice Transactions 1 $117.79 Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.010 - Prof Svc Admin - Muni Code
10149 - Code Publishing Inc. - General
Code
GC0011630 MMC Web Update Paid by Check
# 103125
08/29/2023 08/31/2023 08/31/2023 09/08/2023 147.00
Account 6300.010 - Prof Svc Admin - Muni Code Totals Invoice Transactions 1 $147.00 Account 6300.465 - Prof Svc Legal - Special Counsel
11505 - Shartsis Friese LLP 5479285 Professional Services - MPWSP - July 2023
Paid by Check
# 103140
08/31/2023 09/01/2023 09/01/2023 09/08/2023 216,506.77
Account 6300.465 - Prof Svc Legal - Special Counsel Totals Invoice Transactions 1 $216,506.77 Account 6300.570 - Prof Svc Other
11811 - Chaplin and Hill Investigative
Services LLC
23-08_3 Chaplin and Hill
Investigative Services
LLC
Paid by Check
# 103123
09/04/2023 09/07/2023 09/07/2023 09/08/2023 4,737.50
11865 - TeamCivX 1203 Bond Measure
Consulting Fee -
August 2023
Paid by Check
# 103152
09/01/2023 09/05/2023 09/05/2023 09/08/2023 6,500.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $11,237.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $227,891.27 Division 000 - Non-Div Totals Invoice Transactions 4 $227,891.27 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 4 $227,891.27 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 11197 IT Support - August 2023
Paid by EFT #
3683
08/31/2023 09/01/2023 09/01/2023 09/08/2023 8,160.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $8,160.00 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 1 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.076 - Maint & Repairs Copier
10592 - U.S. Bank Equipment Finance-
USbancorp
509771044 CDD Copier Lease
Payment - September
2023
Paid by Check
# 103144
08/30/2023 09/05/2023 09/05/2023 09/08/2023 216.32
Account 6360.076 - Maint & Repairs Copier Totals Invoice Transactions 1 $216.32 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10905 - Taygeta Scientific, Inc. 000423-R-0057 Computer Network Defense - September
2023
Paid by Check
# 103142
09/01/2023 08/31/2023 08/31/2023 09/08/2023 2,000.00
10905 - Taygeta Scientific, Inc. 000708-R-0030 Barracuda Spam Firewall - September
2023
Paid by Check
# 103142
09/01/2023 08/31/2023 08/31/2023 09/08/2023 475.80
10897 - TechRx Technology Services 11163 Ninite Monthly Subscription -
September 2023
Paid by EFT #
3683
09/01/2023 09/01/2023 09/01/2023 09/08/2023 112.50
10897 - TechRx Technology Services 11189 Veeam Virtual Backup Monthly Subscription -
September 2023
Paid by EFT #
3683
09/01/2023 09/01/2023 09/01/2023 09/08/2023 380.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 4 $2,968.30 Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services 11147 Citywide MS Office 365 - September 2023
Paid by EFT #
3683
09/01/2023 09/01/2023 09/01/2023 09/08/2023 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 $13,560.42 Division 000 - Non-Div Totals Invoice Transactions 7 $13,560.42 Department 125 - I. T. Totals Invoice Transactions 7 $13,560.42 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 11159 scansnap office equipment - M.

McGuiness
Paid by EFT #
3683
08/31/2023 09/07/2023 09/07/2023 09/08/2023 576.63
10897 - TechRx Technology Services 11151 Laptops & Docking station- Finance
Paid by EFT #
3683
08/14/2023 09/07/2023 09/07/2023 09/08/2023 2,108.53
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 2 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 11096 Laptop/Docking station/Monitor-
Finance
Paid by EFT #
3683
07/31/2023 09/07/2023 09/07/2023 09/08/2023 2,246.41
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 3 $4,931.57 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $4,931.57 Division 000 - Non-Div Totals Invoice Transactions 3 $4,931.57 Department 130 - Finance Totals Invoice Transactions 3 $4,931.57 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
09-01-.23 Dental Claim (09/2023) Paid by Check
# 103151
09/01/2023 09/01/2023 09/01/2023 09/08/2023 (3,262.42)
Account 6150.200 - Medical Dental Totals Invoice Transactions 1 ($3,262.42) Account 6300.330 - Prof Svc IT - Information Tech Svc
10897 - TechRx Technology Services 11210 CDD Public Works Split Paid by EFT # 3683
09/01/2023 09/01/2023 09/01/2023 09/08/2023 2,602.79
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $2,602.79 Account 6300.570 - Prof Svc Other
10588 - United Site Services INV-01986515 Corp Yard Paid by Check # 103145
08/31/2023 09/01/2023 09/01/2023 09/08/2023 271.46
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $271.46 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4166557552 Cust# 833-711-5963 Paid by Check # 103124
09/01/2023 09/06/2023 09/06/2023 09/08/2023 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 20439840 CALNET3-9391023466
(384-8477)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 55.56
10758 - AT & T CALNET3 20439812 CALNET3-9391023440
(384-0860)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 28.58
10758 - AT & T CALNET3 20439842 CALNET3-9391023468
(384-9148)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 28.55
10758 - AT & T CALNET3 2024-00000316 CALNET3-9391023467 (384-8760)
Paid by Check
# 103119
09/06/2023 09/06/2023 09/06/2023 09/08/2023 .01
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 3 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 20434732 CALNET3-9391023471
(582-0100)
Paid by Check
# 103119
08/27/2023 09/06/2023 09/06/2023 09/08/2023 59.57
10758 - AT & T CALNET3 20434738 CALNET3-9391023477
(582-9803)
Paid by Check
# 103119
08/27/2023 09/06/2023 09/06/2023 09/08/2023 28.55
10758 - AT & T CALNET3 20439837 CALNET3-9391023463
(384-7854)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 28.55
10758 - AT & T CALNET3 20439809 CALNET3-9391023437
(384-0425)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 56.29
10758 - AT & T CALNET3 20439813 CALNET3-9391023441
(384-0888)
Paid by Check
# 103119
08/28/2023 09/06/2023 09/06/2023 09/08/2023 28.55
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 9 $314.21 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric 126379448 196 Lillian Pl Streetlight Front Shield Install
Paid by Check
# 103134
08/30/2023 08/29/2023 08/29/2023 09/08/2023 250.00
10463 - Pacific Gas & Electric Aug 2023 313-6 PG&E 6793435313-6 Paid by Check # 103134
08/25/2023 09/06/2023 09/06/2023 09/08/2023 7,468.55
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 2 $7,718.55 Account 6400.565 - Material & Suppl Office Supplies
10540 - Sierra Springs & Alhambra 7266038
090123
Water Cooler Rental
and Replacement
Water
Paid by Check
# 103141
09/01/2023 09/05/2023 09/05/2023 09/08/2023 187.85
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $187.85 Account 6400.635 - Material & Suppl Postage Shipping
10480 - Pitney Bowes 3106243268 Postage Meter
Quarterly Lease
Payment - June-Sept
2023
Paid by Check
# 103135
08/30/2023 08/31/2023 08/31/2023 09/08/2023 1,375.38
10509 - Reserve Account - Pitney Bowes 08-31-23 Postage Meter Refill Paid by Check # 103138
08/31/2023 08/31/2023 08/31/2023 09/08/2023 1,500.00
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 2 $2,875.38 Account 6600.010 - Other Charges Alarm
10239 - First Alarm 770717 Remote Access New
Code Entry - Chambers
- Laura Pruneda
Paid by EFT #
3681
08/21/2023 09/05/2023 09/05/2023 09/08/2023 35.00
10239 - First Alarm 770718 Remote Access New
Code Entry - City Hall -
Laura Pruneda
Paid by EFT #
3681
08/21/2023 09/05/2023 09/05/2023 09/08/2023 35.00
10239 - First Alarm 758748 3200 Imjin Rd Paid by EFT # 3681
08/21/2023 09/01/2023 09/01/2023 09/08/2023 284.07
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 4 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.010 - Other Charges Alarm
10239 - First Alarm 736034 211 Hillcrest Ave PD
(Remote Access New
Code Entry)
Paid by EFT #
3681
02/13/2023 09/01/2023 09/01/2023 09/08/2023 35.00
10239 - First Alarm 753291 211 Hillcrest Ave PD Paid by EFT # 3681
05/15/2023 09/01/2023 09/01/2023 09/08/2023 199.80
10239 - First Alarm 770168 211 Hillcrest Ave PD Paid by EFT # 3681
08/15/2023 09/01/2023 09/01/2023 09/08/2023 199.80
Account 6600.010 - Other Charges Alarm Totals Invoice Transactions 6 $788.67 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 24 $11,539.71 Division 000 - Non-Div Totals Invoice Transactions 24 $11,539.71 Department 190 - Citywide Non-Dept Totals Invoice Transactions 24 $11,539.71 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4166557582 Mat Service -
Police/Fire 09/01/22
Paid by Check
# 103124
09/01/2023 09/06/2023 09/06/2023 09/08/2023 37.59
10493 - Pure H2O 20214 Water Cooler Service
Police & Fire 09/01/23
Paid by Check
# 103136
09/01/2023 09/01/2023 09/01/2023 09/08/2023 88.55
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $126.14 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $126.14 Division 000 - Non-Div Totals Invoice Transactions 2 $126.14 Department 210 - Police Totals Invoice Transactions 2 $126.14 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10800 - Lexipol INVLEX18941 Annual Fire Policy
Manual & Daily
Training Bulletin
Paid by Check
# 103131
09/01/2023 09/01/2023 09/01/2023 09/08/2023 5,392.22
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $5,392.22 Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10897 - TechRx Technology Services 11174 Custom Fire Training Computer, build, setup
and deliver
Paid by EFT #
3683
08/31/2023 09/01/2023 09/01/2023 09/08/2023 3,344.38
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 1 $3,344.38 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4166557582 Mat Service -
Police/Fire 09/01/22
Paid by Check
# 103124
09/01/2023 09/06/2023 09/06/2023 09/08/2023 117.48
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 5 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 20214 Water Cooler Service
Police & Fire 09/01/23
Paid by Check
# 103136
09/01/2023 09/01/2023 09/01/2023 09/08/2023 113.53
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $231.01 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9942890659 FD Mobile from July 26 - August 25 2023
Paid by EFT #
3684
08/25/2023 09/01/2023 09/01/2023 09/08/2023 442.45
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $442.45 Account 6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept. 086270 Tool Maintenance Supply
Paid by Check
# 103114
09/02/2023 09/06/2023 09/06/2023 09/08/2023 44.75
11393 - Carmel Roasters, Inc. 67588 FD Coffee - 3 boxes Paid by Check # 103122
09/06/2023 09/06/2023 09/06/2023 09/08/2023 262.20
10580 - Tri County Fire Protection HP61760 Extinguisher refills at Station 2
Paid by Check
# 103143
08/31/2023 09/06/2023 09/06/2023 09/08/2023 228.00
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 3 $534.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 8 $9,945.01 Division 000 - Non-Div Totals Invoice Transactions 8 $9,945.01 Department 250 - Fire Totals Invoice Transactions 8 $9,945.01 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10080 - Branch's Janitorial 228635 Custodial Service for August 2023
Paid by Check
# 103120
08/25/2023 08/25/2023 08/25/2023 09/08/2023 2,886.35
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 1 $2,886.35 Account 6360.070 - Maint & Repairs Bdg Public Safety
10196 - State Labor Commissioner California
Department of Industrial Relations
E 1989451 SJ Elevator Public Safety Paid by Check
# 103121
08/23/2023 08/25/2023 08/25/2023 09/08/2023 225.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $225.00 Account 6360.440 - Maint & Repairs Landscape General
10250 - Gavilan Pest Control 0155460 3126 Shoemaker at Pond Rodents
Paid by Check
# 103126
08/23/2023 09/01/2023 09/01/2023 09/08/2023 80.00
10250 - Gavilan Pest Control 0155459 190 Seaside Circle Gophers
Paid by Check
# 103126
08/23/2023 09/01/2023 09/01/2023 09/08/2023 300.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $380.00 Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 086231 Tire and Tube/Supplies Paid by Check # 103115
08/29/2023 08/29/2023 08/29/2023 09/08/2023 111.26
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 6 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 086214 Sprinkler Valve Key Paid by Check # 103115
08/25/2023 09/01/2023 09/01/2023 09/08/2023 7.64
10728 - Ace Hardware-Public Works 086249 Screws Paid by Check # 103115
08/30/2023 09/01/2023 09/01/2023 09/08/2023 8.73
10034 - American Supply Co. 0179168 PW Yard Supplies Paid by Check # 103116
08/24/2023 08/25/2023 08/25/2023 09/08/2023 3,297.00
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 4 $3,424.63 Account 6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service 5110291805 PW Uniforms Paid by Check # 103117
08/25/2023 08/25/2023 08/25/2023 09/08/2023 142.38
10043 - Aramark Uniform Service 5110296100 PW Uniforms Paid by Check # 103117
09/01/2023 08/29/2023 08/29/2023 09/08/2023 142.38
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $284.76 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $7,200.74 Division 311 - Buildings & Grounds Totals Invoice Transactions 10 $7,200.74 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 086215 Key for Rec for the Library
Paid by Check
# 103115
08/25/2023 08/25/2023 08/25/2023 09/08/2023 3.05
10728 - Ace Hardware-Public Works 086148 Tape/Tools Paid by Check # 103115
08/17/2023 08/29/2023 08/29/2023 09/08/2023 41.48
10728 - Ace Hardware-Public Works 086193 Mortar Paid by Check # 103115
08/22/2023 08/29/2023 08/29/2023 09/08/2023 7.64
10728 - Ace Hardware-Public Works 086218 Batteries Paid by Check # 103115
08/25/2023 08/29/2023 08/29/2023 09/08/2023 21.84
10728 - Ace Hardware-Public Works 086075 Propane Paid by Check # 103115
08/09/2023 08/29/2023 08/29/2023 09/08/2023 29.49
10599 - Valley Saw & Garden Equipment 347388 Trimmer Spool Paid by Check # 103146
08/28/2023 08/25/2023 08/25/2023 09/08/2023 120.94
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 6 $224.44 Account 6360.850 - Maint & Repairs Vehicle
10728 - Ace Hardware-Public Works 086221 Engine Oil Paid by Check # 103115
08/28/2023 08/25/2023 08/25/2023 09/08/2023 21.81
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-003746 PD Paid by Check
# 103132
08/24/2023 08/25/2023 08/25/2023 09/08/2023 233.99
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $255.80 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 8 $480.24 Division 313 - Vehicle Maint Totals Invoice Transactions 8 $480.24 Department 310 - Public Works Totals Invoice Transactions 18 $7,680.98 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 7 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10268 - Harris & Associates 59204 Professional Services from July 30, 2023 to
August 26, 2023
Paid by Check
# 103128
09/06/2023 09/07/2023 09/07/2023 09/08/2023 6,862.50
Account 6300.610 - Prof Svc Planning - Consultant Totals Invoice Transactions 1 $6,862.50 Account 6330.100 - Fee Agr Costs - Planning
10316 - Kimley-Horn & Associates 25482766 Marina Station COA Paid by Check # 103130
07/31/2023 08/25/2023 08/25/2023 09/08/2023 8,312.00
10508 - Regional Government Services 15507 Contract Services for Marina Planning -
Harvey Gas Station
Paid by EFT #
3682
07/31/2023 09/07/2023 09/07/2023 09/08/2023 812.46
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 2 $9,124.46 Account 6400.352 - Material & Suppl IT - Software (non-capitalize) 10046 - ARC (Former San Jose Blue) 12205500 ARC August 2023 Paid by Check # 103118
08/22/2023 09/05/2023 09/05/2023 09/08/2023 427.89
Account 6400.352 - Material & Suppl IT - Software (non-capitalize) Totals Invoice Transactions 1 $427.89 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 327003632001 Office Depot Planning Supplies
Paid by Check
# 103133
08/11/2023 09/05/2023 09/05/2023 09/08/2023 31.67
10732 - Office Depot-General Account 325568590001 Office Depot Planning Supplies
Paid by Check
# 103133
08/10/2023 09/05/2023 09/05/2023 09/08/2023 76.87
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $108.54 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $16,523.39 Division 000 - Non-Div Totals Invoice Transactions 6 $16,523.39 Department 410 - Planning Totals Invoice Transactions 6 $16,523.39 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 52940 Marina Building
Services July 2023
Paid by EFT #
3680
08/28/2023 08/31/2023 08/31/2023 09/08/2023 5,328.00
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 1 $5,328.00 Account 6300.100 - Prof Svc Code Enforcement
11477 - Cheryl Kent - DBA Fastrac 2023-80 Code Enforcement Investigations
Paid by Check
# 103148
09/01/2023 09/06/2023 09/06/2023 09/08/2023 2,135.00
Account 6300.100 - Prof Svc Code Enforcement Totals Invoice Transactions 1 $2,135.00 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 8 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9942368291 Verizon Wireless
August 2023
(972476364-00001
Paid by EFT #
3684
08/18/2023 09/01/2023 09/01/2023 09/08/2023 108.93
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $108.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $7,571.93 Division 000 - Non-Div Totals Invoice Transactions 3 $7,571.93 Department 430 - Building Inspection Totals Invoice Transactions 3 $7,571.93 Department 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.625 - Other Charges Printing Svc
11490 - Juli L. Hofman 08-17-23 Marina Dining Guide
Graphics
Paid by Check
# 103129
08/17/2023 08/31/2023 08/31/2023 09/08/2023 187.50
Account 6600.625 - Other Charges Printing Svc Totals Invoice Transactions 1 $187.50 Account 6600.630 - Other Charges Promotional Activities 11620 - Certified Folder Display Service,
Inc.
605885 Distribution of
Restaurant Guides -
October 2023
Paid by EFT #
3679
09/01/2023 09/05/2023 09/05/2023 09/08/2023 314.30
Account 6600.630 - Other Charges Promotional Activities Totals Invoice Transactions 1 $314.30 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $501.80 Division 000 - Non-Div Totals Invoice Transactions 2 $501.80 Department 440 - Economic Dev Totals Invoice Transactions 2 $501.80 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6400.651 - Material & Suppl Recr Donation - Spec Recr Prog 11792 - Johnson/Kona Jerry's BBQ INV0012 B MLK Event Paid by Check # 103149
08/21/2023 09/05/2023 09/05/2023 09/08/2023 7,177.50
11900 - Juan Reyes/Reyes Party Rental 09-09-23 B MLK Event - Equipment Rental
Paid by Check
# 103150
09/09/2023 09/05/2023 09/05/2023 09/08/2023 1,900.00
Account 6400.651 - Material & Suppl Recr Donation - Spec Recr Prog Totals Invoice Transactions 2 $9,077.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $9,077.50 Division 100 - Admin Totals Invoice Transactions 2 $9,077.50 Department 510 - Recreation & Culture Totals Invoice Transactions 2 $9,077.50 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 9 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
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 Totals Invoice Transactions 80 $309,467.51 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 10 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
10 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 9942368291 Verizon Wireless
August 2023
(972476364-00001
Paid by EFT #
3684
08/18/2023 09/01/2023 09/01/2023 09/08/2023 492.09
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $492.09 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Aug 2023 313-6 PG&E 6793435313-6 Paid by Check # 103134
08/25/2023 09/06/2023 09/06/2023 09/08/2023 660.25
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $660.25 Account 6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra 9696351
082623
Corp Yard Paid by Check
# 103141
08/26/2023 08/25/2023 08/25/2023 09/08/2023 145.39
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $145.39 Account 6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction 2112070 Asphalt Paid by Check # 103127
08/26/2023 09/01/2023 09/01/2023 09/08/2023 424.33
Account 6400.750 - Material & Suppl Street Material (non-capitalize) Totals Invoice Transactions 1 $424.33 Account 6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service 5110291806 PW Shop Supplies Paid by Check # 103117
08/25/2023 08/25/2023 08/25/2023 09/08/2023 77.11
10043 - Aramark Uniform Service 5110296109 PW Shop Supplies Paid by Check # 103117
09/01/2023 08/29/2023 08/29/2023 09/08/2023 77.11
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $154.22 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $1,876.28 Division 000 - Non-Div Totals Invoice Transactions 6 $1,876.28 Department 000 - Non-Dept Totals Invoice Transactions 6 $1,876.28 Fund 220 - Gas Tax Totals Invoice Transactions 6 $1,876.28 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 11 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
11 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 52694 Monterey Bay Estates Paid by EFT # 3680
08/23/2023 08/25/2023 08/25/2023 09/08/2023 2,860.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $2,860.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Aug 2023 313-6 PG&E 6793435313-6 Paid by Check # 103134
08/25/2023 09/06/2023 09/06/2023 09/08/2023 9.73
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9.73 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $2,869.73 Division 000 - Non-Div Totals Invoice Transactions 2 $2,869.73 Department 000 - Non-Dept Totals Invoice Transactions 2 $2,869.73 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 2 $2,869.73 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 12 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
12 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 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Aug 2023 313-6 PG&E 6793435313-6 Paid by Check # 103134
08/25/2023 09/06/2023 09/06/2023 09/08/2023 .00
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $0.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $0.00 Division 000 - Non-Div Totals Invoice Transactions 1 $0.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $0.00 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $0.00 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 13 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
13 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 52695 Annual Street
Resurfacing
Paid by EFT #
3680
08/23/2023 08/25/2023 08/25/2023 09/08/2023 550.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $550.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $550.00 Division 000 - Non-Div Totals Invoice Transactions 1 $550.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $550.00 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 1 $550.00 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 14 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
14 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 6300.570 - Prof Svc Other
11489 - Wallace Group, Inc. 60229 Airport Fuel Farm-Fuel tank and Bldg 533
Improvements
Paid by Check
# 103147
08/29/2023 09/05/2023 09/05/2023 09/08/2023 3,975.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $3,975.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,975.00 Division 000 - Non-Div Totals Invoice Transactions 1 $3,975.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $3,975.00 Fund 460 - Airport Capital Projects Totals Invoice Transactions 1 $3,975.00 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 15 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
15 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 52696 Imjin Widening Paid by EFT # 3680
08/23/2023 08/25/2023 08/25/2023 09/08/2023 8,580.00
10588 - United Site Services INV-01986612 Equestrian Center Paid by Check # 103145
08/31/2023 09/01/2023 09/01/2023 09/08/2023 276.02
11489 - Wallace Group, Inc. 60200 MLK Sculpture CDs Paid by Check # 103147
08/29/2023 08/29/2023 08/29/2023 09/08/2023 775.00
11489 - Wallace Group, Inc. 60210 California Ave
Pedestrian Crossing
Construction
Management
Paid by Check
# 103147
08/29/2023 08/29/2023 08/29/2023 09/08/2023 2,584.00
11489 - Wallace Group, Inc. 60193 Glorya Jean Tate Park Pump Track &
Restroom
Improvements
Paid by Check
# 103147
08/29/2023 08/29/2023 08/29/2023 09/08/2023 827.25
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 5 $13,042.27 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $13,042.27 Division 000 - Non-Div Totals Invoice Transactions 5 $13,042.27 Department 000 - Non-Dept Totals Invoice Transactions 5 $13,042.27 Fund 462 - City Capital Projects Totals Invoice Transactions 5 $13,042.27 Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 16 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
16 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 6360.050 - Maint & Repairs Building
11029 - Ross Roofing and Construction,
Inc.
8075 Roofing bldg 533 Paid by Check
# 103139
08/31/2023 09/05/2023 09/05/2023 09/08/2023 4,882.00
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 1 $4,882.00 Account 6360.280 - Maint & Repairs Habitat Management Svc 10250 - Gavilan Pest Control 155179 Airport Bldg 520
Squirrels
Paid by Check
# 103126
09/01/2023 09/06/2023 09/05/2023 09/08/2023 1,150.00
10250 - Gavilan Pest Control 155180 Airport Bldg 520
Rodents
Paid by Check
# 103126
08/31/2023 09/05/2023 08/30/2023 09/08/2023 75.00
Account 6360.280 - Maint & Repairs Habitat Management Svc Totals Invoice Transactions 2 $1,225.00 Account 6360.360 - Maint & Repairs Janitorial
10005 - A-1 Sweeping Service August 2023 Sweeping Service for Airport
Paid by Check
# 103113
09/06/2023 09/06/2023 09/06/2023 09/08/2023 2,818.75
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $2,818.75 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 204939815 Fire Alarms Bldgs 524 & 533 (9391023443)
Paid by Check
# 103119
08/28/2023 10/04/2023 08/30/2023 09/08/2023 55.56
10758 - AT & T CALNET3 20439816 Fire Alarms Bldgs 524
& 533 (9391023444)
Paid by Check
# 103119
08/28/2023 10/04/2023 08/30/2023 09/08/2023 55.56
10758 - AT & T CALNET3 20439821 AWOS-Auto Weather
Station (9391023449)
Paid by Check
# 103119
08/28/2023 10/04/2023 08/30/2023 09/08/2023 59.75
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $170.87 Account 6380.300 - Utilities Gas & Electric
10603 - Verizon Wireless 9942368291 Verizon Wireless
August 2023
(972476364-00001
Paid by EFT #
3684
08/18/2023 09/01/2023 09/01/2023 09/08/2023 22.88
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $22.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 8 $9,119.50 Division 000 - Non-Div Totals Invoice Transactions 8 $9,119.50 Department 000 - Non-Dept Totals Invoice Transactions 8 $9,119.50 Fund 555 - Marina Airport Totals Invoice Transactions 8 $9,119.50 Grand Totals Invoice Transactions 104 $340,900.29
Run by Melanie Hernandez on 09/07/2023 02:40:35 PM Page 17 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 09/08/23 - 09/08/23
17 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 6300.010 - Prof Svc Admin - Muni Code
10149 - Code Publishing Inc. - General
Code
GC0011580 MMC Web Update Paid by Check
# 103159
08/24/2023 08/25/2023 08/25/2023 09/15/2023 759.50
Account 6300.010 - Prof Svc Admin - Muni Code Totals Invoice Transactions 1 $759.50 Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11869 - Agile Occupational Medicine PC EM006185 Agile Occupational Medicine - Pre Emp Px
Paid by EFT #
3713
09/06/2023 09/11/2023 09/11/2023 09/15/2023 202.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 1 $202.00 Account 6300.310 - Prof Svc HR - Labor Relation& Negotiation 10335 - Liebert Cassidy Whitmore 250117 LCW - Professional Services
Paid by Check
# 103167
08/31/2023 09/13/2023 09/13/2023 09/15/2023 10,032.00
Account 6300.310 - Prof Svc HR - Labor Relation& Negotiation Totals Invoice Transactions 1 $10,032.00 Account 6300.465 - Prof Svc Legal - Special Counsel
11714 - Advisian, Inc. - Worley Group, Inc. 450493 Professional Services - MPWSP - April 2023
Paid by EFT #
3712
05/10/2023 09/06/2023 09/06/2023 09/15/2023 50,536.25
11714 - Advisian, Inc. - Worley Group, Inc. 460682 Professional Services - MPWSP - June 2023
Paid by EFT #
3712
07/10/2023 09/06/2023 09/06/2023 09/15/2023 106,662.50
11714 - Advisian, Inc. - Worley Group, Inc. 465868 Professional Services - July 2023
Paid by EFT #
3712
08/09/2023 09/06/2023 09/06/2023 09/15/2023 64,303.75
Account 6300.465 - Prof Svc Legal - Special Counsel Totals Invoice Transactions 3 $221,502.50 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 137.14
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $137.14 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 328480402-1 Office Depot Paid by Check # 103175
08/29/2023 09/06/2023 09/06/2023 09/15/2023 51.34
10732 - Office Depot-General Account 331073380-1 Office Supplies Paid by Check # 103175
09/11/2023 09/11/2023 09/11/2023 09/15/2023 90.88
10732 - Office Depot-General Account 328480400001 Office Depot Paid by Check # 103175
08/29/2023 09/11/2023 09/11/2023 09/15/2023 355.05
10732 - Office Depot-General Account 328480401001 Office Depot Paid by Check # 103175
08/29/2023 09/11/2023 09/11/2023 09/15/2023 38.23
10732 - Office Depot-General Account 328480402001 Office Depot Paid by Check # 103175
08/29/2023 09/11/2023 09/11/2023 09/15/2023 51.34
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 5 $586.84 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $233,219.98 Division 000 - Non-Div Totals Invoice Transactions 12 $233,219.98 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 12 $233,219.98 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 1 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
18 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 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 23-18 Service 8/28-9/8/23 Paid by EFT # 3717
09/08/2023 09/14/2023 09/14/2023 09/15/2023 3,230.00
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $3,230.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,230.00 Division 000 - Non-Div Totals Invoice Transactions 1 $3,230.00 Department 130 - Finance Totals Invoice Transactions 1 $3,230.00 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11704 - Wellington & Rathie - Robert R
Wellington Jr.
26346 Misc Personnel Matters
- January 2023
Paid by Check
# 103181
08/22/2023 08/25/2023 09/02/2023 09/15/2023 80.00
11704 - Wellington & Rathie - Robert R
Wellington Jr.
26345 General Matters -
January 2023
Paid by Check
# 103181
08/22/2023 08/25/2023 09/02/2023 09/15/2023 340.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 2 $420.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $420.00 Division 000 - Non-Div Totals Invoice Transactions 2 $420.00 Department 150 - City Attorney Totals Invoice Transactions 2 $420.00 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10588 - United Site Services INV-02003993 WindyHill Park Paid by Check # 103179
09/07/2023 09/06/2023 09/06/2023 09/15/2023 260.35
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $260.35 Account 6600.010 - Other Charges Alarm
10239 - First Alarm 770338 Remote Access New
Code Entry - City Hall
and Chambers
Paid by EFT #
3716
08/11/2023 08/25/2023 08/25/2023 09/15/2023 70.00
10239 - First Alarm 767767 Alarm Monitoring -
Council Chambers
Audio Room
Paid by EFT #
3716
08/15/2023 08/25/2023 08/25/2023 09/15/2023 103.80
Account 6600.010 - Other Charges Alarm Totals Invoice Transactions 2 $173.80 Account 6600.452 - Other Charges Leased Copier
11451 - Monterey Bay Office Products - US
Bank
510163199 City Hall Copier Lease
Payment - September
2023
Paid by Check
# 103169
09/04/2023 09/11/2023 09/11/2023 09/15/2023 380.20
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $380.20 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 2 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
19 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 6600.460 - Other Charges Legal Notices & Pub
10270 - Monterey County Herald 0006773962 Public Notice - Fort Ord Resource Management
Plan Workshop
Paid by Check
# 103171
08/29/2023 09/11/2023 09/11/2023 09/15/2023 171.88
Account 6600.460 - Other Charges Legal Notices & Pub Totals Invoice Transactions 1 $171.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $986.23 Division 000 - Non-Div Totals Invoice Transactions 5 $986.23 Department 190 - Citywide Non-Dept Totals Invoice Transactions 5 $986.23 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
09-01-23 Monterey County
Emergency
Communication Quarter
2 Invoice 23/24
Paid by Check
# 103170
09/01/2023 09/05/2023 09/05/2023 09/15/2023 114,288.73
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $114,288.73 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
09-01-23 Monterey County
Emergency
Communication Quarter
2 Invoice 23/24
Paid by Check
# 103170
09/01/2023 09/05/2023 09/05/2023 09/15/2023 7,947.69
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $7,947.69 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 5,211.34
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $5,211.34 Account 6600.455 - Other Charges Leased Parking
10253 - George T. Powell 09012023 Parking Rental Fees
09/01/23
Paid by Check
# 103164
09/01/2023 09/07/2023 09/07/2023 09/15/2023 1,300.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $1,300.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $128,747.76 Division 000 - Non-Div Totals Invoice Transactions 4 $128,747.76 Department 210 - Police Totals Invoice Transactions 4 $128,747.76 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 3 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
20 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
123354 Plan Review Only for
Larkspur MP 3 Code
Update, Sea Haven
Paid by Check
# 103157
08/23/2023 09/07/2023 09/07/2023 09/15/2023 200.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $200.00 Account 6360.070 - Maint & Repairs Bdg Public Safety
10250 - Gavilan Pest Control 0156084 3260 Imjin Rd Marina FD General Pest
Paid by Check
# 103163
09/01/2023 09/06/2023 09/06/2023 09/15/2023 90.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $90.00 Account 6360.360 - Maint & Repairs Janitorial
10005 - A-1 Sweeping Service 8-31-23 Aug 2023 Sweeping Service
Paid by Check
# 103153
08/31/2023 09/06/2023 09/06/2023 09/15/2023 5,527.50
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $5,527.50 Account 6370.010 - Shared Svc 911
10411 - Monterey County - Emergency
Communications
09-01-23 Monterey County
Emergency
Communication Quarter
2 Invoice 23/24
Paid by Check
# 103170
09/01/2023 09/05/2023 09/05/2023 09/15/2023 12,698.75
Account 6370.010 - Shared Svc 911 Totals Invoice Transactions 1 $12,698.75 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
09-01-23 Monterey County
Emergency
Communication Quarter
2 Invoice 23/24
Paid by Check
# 103170
09/01/2023 09/05/2023 09/05/2023 09/15/2023 2,960.90
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $2,960.90 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 411.42
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $411.42 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $21,888.57 Division 000 - Non-Div Totals Invoice Transactions 6 $21,888.57 Department 250 - Fire Totals Invoice Transactions 6 $21,888.57 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10181 - Dave's Repair Service 355895DG Monthly Site
Inspections as
Designated Operator
Paid by Check
# 103160
09/01/2023 09/06/2023 09/06/2023 09/15/2023 95.00
Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 4 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
21 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 6360.065 - Maint & Repairs Bdg NonFlagship
10250 - Gavilan Pest Control 0156083 211 Hillcrest Ave Rodents
Paid by Check
# 103163
09/01/2023 09/06/2023 09/06/2023 09/15/2023 82.00
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 2 $177.00 Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 086273 MLW Paid by Check # 103154
09/03/2023 09/06/2023 09/06/2023 09/15/2023 52.42
10728 - Ace Hardware-Public Works 086299 Part Supply Paid by Check # 103154
09/06/2023 09/06/2023 09/06/2023 09/15/2023 10.90
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 2 $63.32 Account 6370.535 - Shared Svc NGEN O & M
10411 - Monterey County - Emergency
Communications
09-01-23 Monterey County
Emergency
Communication Quarter
2 Invoice 23/24
Paid by Check
# 103170
09/01/2023 09/05/2023 09/05/2023 09/15/2023 3,258.41
Account 6370.535 - Shared Svc NGEN O & M Totals Invoice Transactions 1 $3,258.41 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 205.71
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $205.71 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $3,704.44 Division 311 - Buildings & Grounds Totals Invoice Transactions 6 $3,704.44 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-005309 Oil Paid by Check
# 103174
09/01/2023 09/06/2023 09/06/2023 09/15/2023 76.17
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 1 $76.17 Account 6360.850 - Maint & Repairs Vehicle
10437 - My Chevrolet CVCS267817 17 Chevy Caprice PD Paid by Check # 103173
08/31/2023 09/06/2023 09/06/2023 09/15/2023 3,179.24
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $3,179.24 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $3,255.41 Division 313 - Vehicle Maint Totals Invoice Transactions 2 $3,255.41 Department 310 - Public Works Totals Invoice Transactions 8 $6,959.85 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 5 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
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 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.610 - Prof Svc Planning - Consultant
10515 - Rincon Consultants, Inc. 50734 Marina On-Call GIS Services August 2023
Paid by EFT #
3718
09/12/2023 09/13/2023 09/13/2023 09/15/2023 4,211.25
Account 6300.610 - Prof Svc Planning - Consultant Totals Invoice Transactions 1 $4,211.25 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 137.14
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $137.14 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $4,348.39 Division 000 - Non-Div Totals Invoice Transactions 2 $4,348.39 Department 410 - Planning Totals Invoice Transactions 2 $4,348.39 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 52698 Sea Haven Phase 3A
Inspection
Paid by EFT #
3714
08/23/2023 08/29/2023 08/29/2023 09/15/2023 74,487.50
Account 6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check Totals Invoice Transactions 1 $74,487.50 Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 52697 Engineering Services Paid by EFT # 3714
08/23/2023 08/29/2023 08/29/2023 09/15/2023 14,355.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $14,355.00 Account 6300.185 - Prof Svc Engineering Svs-Staff Augment 10171 - CSG Consultants 52697 Engineering Services Paid by EFT # 3714
08/23/2023 08/29/2023 08/29/2023 09/15/2023 4,070.00
Account 6300.185 - Prof Svc Engineering Svs-Staff Augment Totals Invoice Transactions 1 $4,070.00 Account 6300.190 - Prof Svc Engineering Svc Interagency 10171 - CSG Consultants 52697 Engineering Services Paid by EFT # 3714
08/23/2023 08/29/2023 08/29/2023 09/15/2023 440.00
Account 6300.190 - Prof Svc Engineering Svc Interagency Totals Invoice Transactions 1 $440.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $93,352.50 Division 000 - Non-Div Totals Invoice Transactions 4 $93,352.50 Department 420 - Engineering Totals Invoice Transactions 4 $93,352.50 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10897 - TechRx Technology Services 11149 desktop for teen center Paid by EFT # 3719
08/31/2023 09/11/2023 09/11/2023 09/15/2023 2,574.86
Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 6 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
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 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10897 - TechRx Technology Services 11198 desktops for youth center
Paid by EFT #
3719
09/01/2023 09/11/2023 09/11/2023 09/15/2023 1,214.00
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 2 $3,788.86 Account 6360.690 - Maint & Repairs Supplies
10581 - Trucksis Enterprises 13440 banner - skate park Paid by Check # 103185
09/05/2023 09/11/2023 09/11/2023 09/15/2023 295.52
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 1 $295.52 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 342.85
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $342.85 Account 6400.651 - Material & Suppl Recr Donation - Spec Recr Prog 11908 - Andrea Willer - Employee 09-08-23 A MLK Event - Reimbursement
Paid by Check
# 103155
09/08/2023 09/12/2023 09/12/2023 09/15/2023 655.50
11908 - Andrea Willer - Employee 09-08-23 B MLK Event - Reimbursement
Paid by Check
# 103155
09/08/2023 09/12/2023 09/12/2023 09/15/2023 138.90
11792 - Johnson/Kona Jerry's BBQ INV0012 C MLK Event food Paid by Check # 103165
08/21/2023 09/11/2023 09/11/2023 09/15/2023 1,087.50
11911 - Paul Forgsberg 09-05-23 A MLK event –
reimbursement
Paid by Check
# 103177
09/05/2023 09/14/2023 09/14/2023 09/15/2023 164.88
11911 - Paul Forgsberg 09-05-23 B MLK event –
reimbursement
Paid by Check
# 103177
09/05/2023 09/14/2023 09/14/2023 09/15/2023 163.88
11770 - Ron Powell 09-06-23 A MLK Event Expense Paid by Check # 103184
09/06/2023 09/11/2023 09/11/2023 09/15/2023 71.58
11770 - Ron Powell 09-06-23 B MLK Event Expense Paid by Check # 103184
09/06/2023 09/11/2023 09/11/2023 09/15/2023 44.95
11770 - Ron Powell 09-06-23 C MLK Event Expense Paid by Check # 103184
09/06/2023 09/11/2023 09/11/2023 09/15/2023 44.47
Account 6400.651 - Material & Suppl Recr Donation - Spec Recr Prog Totals Invoice Transactions 8 $2,371.66 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $6,798.89 Division 100 - Admin Totals Invoice Transactions 12 $6,798.89 Department 510 - Recreation & Culture Totals Invoice Transactions 12 $6,798.89 Fund 100 - General Fund Totals Invoice Transactions 56 $499,952.17 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 7 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 110 - Vehicle and Equipment
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.450 - Other Charges Leases & Rents
11491 - Enterprise FM Trust - Fleet Lease
payments only
FBN4840048 Enterprise Fleet
Maintenance
Paid by EFT #
3715
09/06/2023 09/08/2023 09/08/2023 09/15/2023 21,319.73
Account 6600.450 - Other Charges Leases & Rents Totals Invoice Transactions 1 $21,319.73 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $21,319.73 Division 000 - Non-Div Totals Invoice Transactions 1 $21,319.73 Department 000 - Non-Dept Totals Invoice Transactions 1 $21,319.73 Fund 110 - Vehicle and Equipment Totals Invoice Transactions 1 $21,319.73 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 8 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
25 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 Aug 2023 483-6 PG&E - 3982644483-6 Paid by Check # 103176
08/21/2023 09/06/2023 09/06/2023 09/15/2023 28,838.17
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $28,838.17 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 205.71
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $205.71 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $29,043.88 Division 000 - Non-Div Totals Invoice Transactions 2 $29,043.88 Department 000 - Non-Dept Totals Invoice Transactions 2 $29,043.88 Fund 220 - Gas Tax Totals Invoice Transactions 2 $29,043.88 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 9 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
26 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
11489 - Wallace Group, Inc. 60228 Program Management Paid by Check # 103180
08/29/2023 09/01/2023 09/01/2023 09/15/2023 1,800.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $1,800.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $1,800.00 Division 000 - Non-Div Totals Invoice Transactions 1 $1,800.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $1,800.00 Fund 223 - FORA Dissolution Totals Invoice Transactions 1 $1,800.00 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 10 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
27 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
11489 - Wallace Group, Inc. 60228 Program Management Paid by Check # 103180
08/29/2023 09/01/2023 09/01/2023 09/15/2023 4,320.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $4,320.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,320.00 Division 000 - Non-Div Totals Invoice Transactions 1 $4,320.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $4,320.00 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 1 $4,320.00 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 11 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
28 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
11844 - ATI Restoration, LLC ATI
Restoration, LLC
F4Y8303939-
002
Smoke Cleaning at
3200 Imjin Rd
Paid by Check
# 103156
06/16/2023 09/06/2023 09/06/2023 09/15/2023 254,287.18
Account 6700.105 - Capital Outlay Construction Totals Invoice Transactions 1 $254,287.18 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $254,287.18 Division 000 - Non-Div Totals Invoice Transactions 1 $254,287.18 Department 000 - Non-Dept Totals Invoice Transactions 1 $254,287.18 Fund 460 - Airport Capital Projects Totals Invoice Transactions 1 $254,287.18 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 12 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
29 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
11489 - Wallace Group, Inc. 60228 Program Management Paid by Check # 103180
08/29/2023 09/01/2023 09/01/2023 09/15/2023 8,275.06
10515 - Rincon Consultants, Inc. 50631 Marina Housing
Element Update
Paid by EFT #
3718
09/08/2023 09/11/2023 09/11/2023 09/15/2023 2,585.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $10,860.06 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $10,860.06 Division 000 - Non-Div Totals Invoice Transactions 2 $10,860.06 Department 000 - Non-Dept Totals Invoice Transactions 2 $10,860.06 Fund 462 - City Capital Projects Totals Invoice Transactions 2 $10,860.06 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 13 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
30 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 11704 - Wellington & Rathie - Robert R
Wellington Jr.
26344 Marina Municipal
Airport Matters -
January 2023
Paid by Check
# 103181
08/22/2023 08/25/2023 09/02/2023 09/15/2023 1,206.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $1,206.00 Account 6360.440 - Maint & Repairs Landscape General
10728 - Ace Hardware-Public Works 086295 Airport Paid by Check # 103154
09/06/2023 09/06/2023 09/06/2023 09/15/2023 70.98
10728 - Ace Hardware-Public Works 086297 Airport Paid by Check # 103154
09/06/2023 09/06/2023 09/06/2023 09/15/2023 43.67
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $114.65 Account 6360.566 - Maint & Repairs Other Equipment
11767 - Chase MasterCard - Matthew
Nelson - AIR
8-31-2023 Mastercard Nelson, M Paid by Check
# 103158
09/05/2023 09/05/2023 08/31/2023 09/15/2023 424.20
Account 6360.566 - Maint & Repairs Other Equipment Totals Invoice Transactions 1 $424.20 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District August 56-044 781 Neeson Rd (000056 044)
Paid by Check
# 103168
08/31/2023 09/18/2023 09/13/2023 09/15/2023 161.34
10349 - Marina Coast Water District August 56-051 721 Neeson Rd (000056 051)
Paid by Check
# 103168
08/31/2023 09/18/2023 09/13/2023 09/15/2023 262.74
10349 - Marina Coast Water District August 56-096 3271 Imjin Rd (000056 096)
Paid by Check
# 103168
08/31/2023 09/18/2023 09/13/2023 09/15/2023 111.81
10349 - Marina Coast Water District August 56-097 3200 Imjin Rd (000056 097)
Paid by Check
# 103168
08/31/2023 09/18/2023 09/13/2023 09/15/2023 542.58
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 4 $1,078.47 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
23596B-IN Regular Ethenol Paid by Check
# 103172
08/30/2023 09/06/2023 09/06/2023 09/15/2023 205.71
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $205.71 Account 6400.231 - Material & Suppl Fuel - Aviation 100LL 10227 - Epic Aviation 7737606 AVGAS 100LL Paid by Check # 103162
09/11/2023 09/12/2023 09/12/2023 09/15/2023 42,931.51
Account 6400.231 - Material & Suppl Fuel - Aviation 100LL Totals Invoice Transactions 1 $42,931.51 Account 6400.565 - Material & Suppl Office Supplies
11767 - Chase MasterCard - Matthew
Nelson - AIR
8-31-2023 Mastercard Nelson, M Paid by Check
# 103158
09/05/2023 09/05/2023 08/31/2023 09/15/2023 416.65
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $416.65 Account 6400.740 - Material & Suppl Special Dept Suppl
11767 - Chase MasterCard - Matthew
Nelson - AIR
8-31-2023 Mastercard Nelson, M Paid by Check
# 103158
09/05/2023 09/05/2023 08/31/2023 09/15/2023 100.86
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $100.86 Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 14 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
31 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 6500.700 - Training & Travel Training & Travel
11767 - Chase MasterCard - Matthew
Nelson - AIR
8-31-2023 Mastercard Nelson, M Paid by Check
# 103158
09/05/2023 09/05/2023 08/31/2023 09/15/2023 332.57
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 1 $332.57 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 13 $46,810.62 Division 000 - Non-Div Totals Invoice Transactions 13 $46,810.62 Department 000 - Non-Dept Totals Invoice Transactions 13 $46,810.62 Fund 555 - Marina Airport Totals Invoice Transactions 13 $46,810.62 Grand Totals Invoice Transactions 77 $868,393.64
Run by Melanie Hernandez on 09/14/2023 02:27:33 PM Page 15 of 15 Accounts Payable by G/L Distribution Report
Payment Date Range 09/15/23 - 09/15/23
32 Agenda Item: 10b(1)
City Council Meeting of
September 19, 2023

MINUTES
Wednesday, September 6, 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

The most effective method of comm unication with the City Council is by sendi ng 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 received 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 & ESTABLI SHMENT 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) MEMBERS PRESENT: Liesbeth Visscher, Brian McCarthy, Kathy Biala, Mayor Pro-Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION: None

4. CLOSED SESSION:
a. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) 5 cases:
1 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 2

(1) City of Marina, et al. vs. California Coastal Commission, Monterey County Superior Court Case No. 22CV004063.
(2) City of Marina, et al. vs. Nemeth, Karla, et al., Monterey County Superior Court Case No. 19CV005270.
(3) City of Marina, et al. v. RMC Lonestar, et al., Monterey County Superior Court Case No. 20CV001387.
(4) California-American Water Compan y v. All Persons Interested in the Validity of the City of Marina et al., Monterey County Superior Co urt Case No. 20CV002436.
(5) City of Marina, et al. v. All Persons Interested in the Validity of the Monterey Coun ty Groundwater Sustainability Plan , Monterey County Superior Court Case No. 21CV000493.
b. 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 c. Conference with Legal Counsel, Anticipated litigation, Significant exposure to litigation pursuant to § 54956.9(d)(2): One case
d. Property: Los Animas Concrete, 499 9th Street, Marina, CA Negotiating Party: Paul J. Bruno
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSIO N AND REP ORT ON AN Y ACTIONS TAKEN IN

CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Cl osed Session: Council met in closed session on 4 separate items. As to the first item for A I recuse myself due to a conflict of interest, but I did participate in the closed session on items for B, conference with labor negotiators, C, one matter of anticipated litigation and lastly real property negotiations with Los Angeles concrete as to all 3 direction was provided to staff but there was no reportable action.

Mayor Delgado reported o ut on Closed Session Item 4 a: Council received information from our legal consultants and we took no reportable action.
2 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 3

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

6. SPECIAL PRESENTATIONS:
a. Jacob’s Heart Proclamation
b. Tsunami-Ready and Storm-Ready Community Presentation c. Below Market Rate Homes Program Kickoff

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Delgado – Announced on September 9, 2023, the Dr. Martin Luther King Jr .

Sculpture Garden Dedication and Unveiling Ceremony at the Marina Library from 11:00am- 2:00pm.
• Mayor Pro Tem Medina Dirksen – Announced on September 9, 2023 the Compass Church “Touch a Truck event from 9 to noon at their Marina campus ; and on September 23, 2023, the Monterey Off-Road Cycling association is teaming up with REI and the Community Bike Collective and R ecreation staff will be hos ting a movie at Glorya Jean Tate Park – Pump Track from 5:30pm-9:00pm the movie will be Esperanto Spoken Worldwide. • City Manager Long – informed the Council that the current finance d irector Juan Lopez is leaving the city this Friday and introduced the new finance director, Laura Pruneda. • Finance Director, Laura Pruneda, introduced herself to the Council and public.

8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s juri sdiction that is no t on the agenda. This is the appropriate place to comment on items on the Con sent Age nda. Action will not be taken on items not o n 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, written correspondence should be submitted to the C ouncil i n advanc e of the meeting, to provide adequate time for its consideration.
• Sherise – Representing the African American Tobacco Control Leadership Council and her to support the passage of agenda items 10l(1) and 10l(2). • Chandler Roland – Commented on the MST Surf Pro ject Passenger Rider ship figures mentioned in the MST 2022 Annual Report. Does not support this project • Pam Mahoney – Agrees with previous speaker on the MST Surf Project, had ridden bus line 20 a half-dozen times in last 6-months and there is was no more than 2 riders each time. Does not support the project.
• Denise Turley – Commented on the BMR Program and asked if someone would be eligible if they already own another home.
• Mike Mo eller – Marina Chamber of Commerce hosting a workshop presented by the Monterey County Business Council's Build Back Better team on September 7, 2023, from 3:00-4:00pm at Martinez Hall. Announce recent change in Marina Chamber of C ommerce board of directors. Announce d on September 23, 2023, Marina Tree and Garden Club will begin work on its newest per-pond transformation.

3 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 4

• Grace Silva-Santella – Commented on the MLK Event taking place on September 9, 2023.

Announced Friends of the Marina Library Dad’s Read also on September 9, 20 23 at 10:00 am and at 2:30 pm the Friends of the Marina Library will be s howing a 2014 film Selma , which celebrates the work of Martin Luther King Jr. and others. • Jeff Markham – Thanked Planning Department for the pedestrian Marina Heights pedestrian crossing. Comment ed on the structure fire on Liberty Court . Asked if the Marina Fire Department can do some community outreach to seniors about fire safety and sm oke detectors and such.
• Sophiyah Murphy – MHS Student concerned about public safety transit, mostly walking for kids going to school or stores. Sent an email to Marina specifically talking about the lack of sidewalks, specifically near 7-11 and asked if Marina was going to do anything about it. • Mia Nyugen – Commented on MST Surf Project and note she is still waiting for answers to her questions to the staff who pr esented the Surf Project in June. Questioned the ridership numbers prepared.

9. CONSENT AGEN DA F OR THE SUCC ESSOR AGENCY TO THE F ORMER 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 no n-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or 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 re quired, the Council may remove an item from the Consent Agenda for individual consideration. If an i tem is pulled for discuss ion, 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 Consent Agenda may be approved by one motion. Prior to such a motion being made, a ny member of City Council may ask a ques tion 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.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 102955-103112, totaling $1,115,222.79. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) August 15, 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. 2023-88, approving acceptance of $56,986.00 from St ate of California, Departmen t of Alcoholic Beverage Control, ABC-APP Grant Program; and authorize the expenditure of said $56,986.00 received from State of Californ ia, Department of A lcoholic Beverage Control.
4 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 5

(2) Adopting Resolution No. 202 3-89, authorizing t he ac ceptance of the Staffing for Adequate Fire and Emergency Respon se (SAFER) Grant number EMW-2022-FF-01257 for $ 385,000 to recruit and retain additional Reserve Firefighters.
(3) Adopting Resolution No. 202 3-90, supporting SB800 (Caballero) Advanced Air Mobility and Aviation Electrification Committee. g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Ti tle Only and adopt Ordinance No. 2023-09, amending Title 5 of the Marina City Code by adding Chapter 5.90, “ Tobacco reta iler license”.
(2) Read by T itle Only and adopt Ordinance 2023 -10, amending Title 8, Health and Safety, of the Marina Municipal Code by a dding Chapter

8.09, “Smoke Free Public Place,” to regulate smoking and tobacco use m. APPROVE APPOINTMENTS: None
Mayor Pro Tem Medin a Dirksen had brief question for items 10f(1), 10f(2) and comment on 10f(3).

BIALA/DELGADO: TO APPROVE THE CONSENT AGENDA. 5-0-0-0 Motion Passes

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at i ts 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 action on any items. Members of the public may be given up to three (3) minutes to speak.

Note: N o additional major projects or prog rams should be unde rtaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 20 23-91, Resolution N o. 2023-05 (S/A MRA), Resolution No. 2023-03 (NPC), Resolution No. 2023-03 (PPSC-NPC) and Resolution No. 2023-01 (MAC) adopting Fiscal Year 2023 -24 and 2024 -24 Budgets, establishing procedures for amending budget, and auth orizing the Finance Director to make necessary accounting and budgetary entries.

5 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 6

Public Comments:
• Glenn Woodson – Thanked the city for putting together budget . Commented about submitting emails on the proposed budget and not getting a return response. Commented on the No Left or U -Turn sign at Third Ave and Imjin ; on the tennis courts at Los Arb oles repaving project; and the intersection of California and Reindollar Ave. • Doug Yount – Thanked staff for preparing a comp rehensive budget. Thanked Council for recognizing some key priorities that come from the budget, both from operating and in the Capital improvement program . Suggested amending some areas such as the Dunes Park, Imjin Parkway and Second Ave, Groundwater litigation, Del Monte extension. Asked what was estimated in the budget for the Phase 3 land sales of the Dune? • Grace Silva-Santella – Commented on Del Monte and Reservation Road being on the budget.

Asked when doing the $240,000 study/design portion that you consider having an onsite meeting at Bill Ring circle for resident input . Commented on DiMaggio Park flooring replacement project, Windy Hill Park rest rooms and suggested moving the port -a-potties over to Los Arboles. Spoke on the Del Monte Median Strip project and possible use of funds from the Sierra Club monies for the Library Irrigation. • Denise Turley – Asked if the city could have something placed in the newsletter that goes out to Preston and Abrams residents on the Imjin Parkway Roundabouts widening roundabout project. Asked if tonight’s presentation is available.

DELGADO/BIALA: THAT WE ADOPT THE RESOLUTION BEFORE US FOR THE FISCAL YEAR 2023 -2024 AND FISCAL YEAR, 2024 -2025 BUDGET. AS SHOWN IN EXHIBIT A.; AND THAT WE REAFFIRM OUR POLICIES ON THE VEHICLE

REPLACEMENT FUND, THE PENSION STABILIZATION FUND, AND OTHER TRANSFERS AS REFLECTED IN THE BUDGET DOCUMENT; AND

1. THAT WE AUTHORIZE STAFF TO MODIFY OUR GENERAL FUND
EMERGENCY RESERVE POLICY TO GO DOWN TO 18% FROM 20% IF
NECESSARY.

2. WE REAFFIRM OUR PROCEDURES FOR BUDGET ADJUSTMENTS,

REALIGNMENTS AND AMENDMENTS WITH SOME EMPHASIS THAT WE

WOULD LIKE TO SEE THE UNFUNDED STAFF POSITIONS FUNDED, SUCH

AS THE HOUSING/GRANTS LEASE POSITION, THE MAINTENANCE
WORKERS, THE FIRE DEPARTMENT SAFER POSITIONS; AND THAT WE

FURTHER ASK THAT THE ACTING SUPERINTENDENT BE HIRED AS
SOON AS POSSIBLE.

3. THAT A WHITE PAPER BE FUNDED FOR OUR HOMELESSNESS ISSUES.

4. THAT WE CREATE THAT DEI TASK FORCE WITH COUNCILMEMBER BIALA AS THE LEAD.

5. THAT WE PRIORITIZE THE DELMONTE MEDIAN PROJECT, THE LOS ANGELES DECK. PROJECT.

6. AND WE ASKED STAFF TO COME BACK WITH THE QUARTERLY
UPDATES OF OUR PROJECT PRIORITY IMPLEMENTATIONS; AND

7. THAT WE PRIORITIZE THE MONEY, THE $500,000 GOING TO CDAC HILL INSTEAD OF GOING TO THE CYPRESS KNOLLS HOMES.
5-0-0-0 Motion Passes

6 MINUTES for City Council Meeting of Wednesday, September 6, 2023 Page 7

b. Discussion regarding public engagement, community outreach and messaging materials for a potential ballot measure issuing a bond for the construction of Police/Fire/Community Center and City Facilities. Continued to Adjourned meeting of September 12, 2023
c. Discussion regarding Project Room Key o perations at the Country Inn .

Continued to Adjourned meeting of September 12, 2023

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and co nferences attended (Gov’t Code Sec tion 53232).

15. ADJOURNMENT: The meeting adjourned at 11:25 P.M. to Tuesday, September 12, 2023, at 7:00 PM

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor

7 Agenda Item: 10b(2)
City Council Meeting of
September 19, 2023

MINUTES
Tuesday, September 12, 2023 7:00 P.M. Open Session

ADJOURNED 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

The most effective method of comm unication 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 received 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

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

Note: N o additional major projects or prog rams should be u ndertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). b. Discussion regarding public engagement, community outreach and messaging materials for a potential ballot m easure issuing a bond for the construction of Police/Fire/Community Center and City Facilities.

Public Comments:
• Tommy Bolea – Does not support bonds measures, suggested the city purchase the strip of land at 3056 Del Monte Blvd. to accommodate city offices and fire department and the police department can retain current location.
• Jeff Markham – Asked if the additional time to do public ou treach will g et the city to the 67% to pass a bond measure?
The council discussed potential/identifiable locations for p olice and fire department listed in the General Plan, timetables, pro and cons for informational mailers. Next steps: bring back updated message, development of all social media informational materials, preparation of two surveys (preliminary and final).
c. Discussion regarding Project Room Key operations at the Country Inn.

Public Comments:
• Tommy Bolea – Commented that homelessness i s in every city in America. St ated that all the barracks left behind by the Army cou ld have been conv erted into homeless shelters or housing units.
• Jeff Markham – Commented on how this impac ts the hospitality c enter. Shocked, the city council or staff didn’t know this program was taking place in the city and asked if the city could adopt an ordinance /policy dictating procedures to present this type of program in the city.
• Lauren Suwansupa – Works for C ounty and performs homeless service in the homeless service sector. Commented on the Coalition of Homeless Services Providers adopted a 5 - year plan, which has been adopted by various cities and frustrated Marina has not adopted its own plan.

The council discussed the loss of TOT, the impacts on the police and fire department for response calls to Country Inn, and what they would like to see in the whitepaper policy on homelessness.

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Mayor Delgado – Mayor’s Association met last Friday in Greenfield but was not able to attend. b. Council reports on meetings and co nferences attended (Gov’t Code Sec tion 53232).
2 MINUTES for Adjourned Regular City Council Meeting of Tuesday, September 12, 2023 page 3

Mayor Pro Tem Medina Dirksen – Announced that the Visitors Bureau, has change its name to “See Monterey” unveiled its new campaign called Find Your Path Here.

City Manager Long – Announced that staff will send out an email to Council, looking for dates in November to conduct interviews for City Attorney.

15. ADJOURNMENT: The meeting adjourned at 9:45 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
3 September 11, 2023 Item No. 10e(1)
Honorable Mayor and Members City Council Meeting of
of the Marina City Council of September 19, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,

APPROVING ADVERTISING AND CALL FOR BIDS FOR THE CITY OF

MARINA GENERAL BUILDING IMPROVEMENTS ON -CALL
CONTRACT 2023
REQUEST:

It is rec ommended t hat the City Council consider adopting Resolution No. 20 23-, for the following action:

1. Approving advertising and call for bids for the City of Marina General Building Improvements On-Call Contract 2023.

BACKGROUND:

This General Building On-Call contract is similar to a job order contract, which will augment the City staff , and provide a readily available work force to repair existing City’s vertical infrastructures, conduct emergency repairs and new construction, as the City deems appropriate , for building and other related work. In general, the work consists of, but is not limited to repair, replacement and construc tion of any structure, shelter, enclosure and miscellaneous associated work at such times and locations as required.

The Bid Schedule includes a Base Bid Schedule 1 to establish hourly rates for various construction trades, Base Bid Schedule 2 to establish the construction percentage mark up for general construction, sub-contractor, materials, equipment, and contractor’s fee. The Grand Total Bid is the sum of the base bid schedule 1 and base bid schedule 2, and it will be used as the basis for determining the lowest responsive bid. The bid schedule is used to capture the unit prices and percentages that will be used for estimating and issuance of work orders.

On June 2, 2021, the City Council of Marina adopted Resolution No. 2021-57 to award the City of Marina General Building Improvements on Call Contract 2021. The City of Marina General Building Improvements on Call Contract 2021 was successfully used for maintenance repair, construction of several CIP projects and urgent repairs on City buildings and related infrastructure.

ANALYSIS:

The e xisting City of Marina General Building Improvements On-Call Contract has expired.

Approval of this request will enable the solicitation for the new City of Marina General Building Improvements On-Call Contract 2023.

Having the on -call contract will help the City quickly respond to construction, deliver urgent projects on time, and possibly save costs.

No minimum annual dollar value of work is guaranteed by the City. This contract does not give the Contractor exclusive rights to perform all work done by the City; certain projects will be sent for bid proposal throughout the term of the contract which may include this type of work.

FISCAL IMPACT:

This action to advertise and to call for bids does not have fiscal impact. 1 The construction contract with a successful bidder will be for a term of one (1) year with a not to exceed annual funding limit of $1,000,000. The agreement will include an option for an additional one (1) year extens ion with a not to exceed annual funding li mit of $1,000,000. The total term of this agreement will not exceed two (2) years.

The amount of work to be requested during the one year or optional additional twelve-month contract period cannot be well defined at the outset. Work shall be issued through Work Orders.

Work orders issued under this contract will be funded by the respective approved Capital Improvement Project funding.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The action of approving advertising and call for bids for the City of Marina General Building Improvements On Call Contract 2023 is not a project under CEQA.

Each project that will be issued under the City of Marina General Building Improvements On- Call Contract 2023 will require a CEQA determination and shall comply accordingly.

CONCLUSION:

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

Respectfully submitted,

____________________________
Elvie Morla-Camacho, P.E., QSD
Project Management Services
Wallace Group

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2023-

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

ADVERTISING AND CALL FOR BIDS FOR THE CITY OF MARINA GENERAL BUILDING IMPROVEMENTS ON-CALL CONTRACT 2023

WHEREAS, the General Building On-Call Contract is similar to a job order contract, which will augment the City staff , and provide a readily available work force to repair existing City’s vertical infrastructures , conduct emergency repairs and new construction, as the City deems appropriate, for building and other related work, and;

WHEREAS, The Bid Schedule includes a Base Bid Schedule 1 to establish hourly rates for various construction trades, Base Bid Schedule 2 to establish the construction percentage mark up for general construction, sub-contractor, materials, equipment, and contractor’s fee. The Grand Total Bid is the sum of the base bid schedule 1 and base bid schedule 2 , and it will be used as the basis for determining the lowest responsive bid, and;

WHEREAS, the bid schedule is used to capture the unit pric es and percentages that will be used for estimating and issuance of work orders, and;

WHEREAS, on June 2, 2021, the City Council of Marina adopted Resolution No, 2021-57 to award the City of Marina General Building Improvements on Call Contract 2021. The City of Marina General Building Improvements on Call Contract 2021 was successfully used for maintenance repair, construction of several CIP projects and urgent repairs on City buildings and related infrastructure, and;

WHEREAS, the contract with a successful bidder will be for a term of one ( 1) year with a not to exceed annual funding limit of $1,000,000. The agreement will include an option for an additional one (1) year extension with a not to exceed annual funding limit of $1,000,000. The total term of thi s agreement will not exceed two (2) years. The amount of work to be requested during the one year or optional additional year twelve -month contract period cann ot be well defined at the outset. Work shall be issued through Work Orders, and;

WEREAS, Work Orders issued under this contract will be funded b y the respective approved Capital Improvement Project funding or maintenance account, and;

WHEREAS, the action of approving advertising and call for bids for the City of Marina General Building Improvements On Call Contract 2023 is not a project under CEQA, and;

WHEREAS, each project that will be issued under the City of Marina Municipal Improvements On-Call Contract 2023 will require a CEQA determination and shall comply accordingly, and;

WHEREAS, the City of Marina Municipal Improvements On-Call Contract 2023 is ready for bid advertisement, and;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina t o adopt Resolution No. 2023- for the following action:

1. Approve advertising and call for bids for the City of Marina Municipal Improvements On- Call Contract 2023.

3 Resolution No. 2023-
Page Two

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 19th day of September 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

__________________________
Bruce C. or, Mayor
ATTEST:

_______________________
Anita Sharp, Deputy City Clerk

4 September 12, 2023 Item No. 10f(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 19, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23,

AUTHORIZING THE PURCHASE OF FOUR MOTOROLA MOBILE

RADIOS AND NECESSARY ACCESSORIES , UTILIZING A

SOURCEWELL COOPERATIVE PURCHASING AGREEMENT
RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 23-, authorizing the purchase of 4 Motorola Mobile Radios and necessary accessories, and;

2. Authorize the Finance Director to make any necessary accounting and budgetary entries.

BACKGROUND:

In 2018 the City transitioned to Motorola Mobile and Portable Radios. These radios are needed to meet the increasing demands of Emergency Services. Our current radio system is a digital trunked system that utilizes spectrum across multiple bands to provide secure, reliable, interoperable communications for users of the system along with an analog bridge.

ANALYSIS
Radios are the primary means of communication for firefighters out in the field. Public safety and the safety of firefighters are dependent upon reliable communications. In developing the vehicle replacement budget for the Fire Department, 4 Motorola Mobile Radios and accessories were included.

FISCAL IMPACT:

The Mobile Radios are a budgeted item accounted for in the 2023/2024 CIP vehicle budget. The cost of the 4 Mobile Radios and accessories is $45,100.00.

Sourcewell has been used for the bidding process. Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.

CONCLUSION:

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

Respectfully submitted,
_____________________________
Doug McCoun
Fire Chief
City of Marina
1 Laura Pruneda
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2023-

A RESOLUTION OF THE MARINA CITY COUNCIL TO ADOPT
RESOLUTION NO. 2023- , AUTHORIZING THE PURCHASE OF

MOTOROLA MOBILE RADIOS, ALONG WITH THE REQUIRED

ACCESSORIES THROUGH THE SOURCEWELL COOPERATIVE
PURCHASING PROGRAM.

WHEREAS, the Fire Department has a critical need for communications equipment; and,

WHEREAS, the mobile radios is a budgeted item and funding is included in the 20 23/24 CIP Budget; and,

WHEREAS, Sourcewell was established with the statutory purpose to assist public agencies in meeting specific needs which are more efficiently delivered cooperatively than by an entity individually and to comply with purchasing and bidding requirement; and,

WHEREAS, Sourcewell is a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling law Minn. Stat. § 123A.21.; and,

WHEREAS, staff has verified that the proposed agreement with Motorola has properly utilized the Sourcewell bidding process; and,

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina as follows:

1. Authorize the purchase of the Motorola mobile radios at a cost not to exceed $45,100 , through Sourcewell, a cooperative purchasing program; and,

2. Authorize the Finance Director to make any necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 18th day of September 2023 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS: None
ABSENT, COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS: None

_________________________
Bruce C. Delgado, Mayor

ATTEST:

_________________________
Anita Sharp, Deputy City Clerk
3 September 19, 2023 Item No: 10f(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 19, 2023

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,

AUTHORIZING THE CITY MANAGER TO PURCHASE POLLUTION AND

LEGAL LIABILITY INSURANCE COVERAGE FOR THE REMAINING
FORMER FORT ORD PROPERY AT A COVERAGE LEVEL OF $ 1 MILLION DOLLARS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 23- authorizing the City Manager to purchase pollution and legal liability (PLL) insurance coverage level of $ 1 million dollars.

2. Authorize the City Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

Following the closure of the former Fort Ord Army military base in 1994, the Army began the process of cleanup and remediation of certain portions of its properties due to environmental contamination and munitions and explosives of concern. The Army was responsible for the remediation and cleanup of its properties prior to transferring them to the underlying land use jurisdictions and continues to be responsible for cleanup of munitions or explosives if they are found in the future after the properties are transferred.

Even though these properties have been remediated and cleaned up, there remains a potential risk that is not covered by typical city insurance policies. To protect against these risks, the Fort Ord Reuse Authority purchased Pollution and Legal Liability Insurance (PLL Insurance) to protect against the insurable risks of holding or a ccepting potentially contaminated property, including property believed to have been fully remediated at the time of acquisition but later discovered to remain impacted by envir onmental contamination. Initially, FORA purchased $100 million of PLL insurance for ten years which expired in 2014. A $50 million PLL insurance policy was purchased again in 2014 by both FORA and the various land use jurisdictions. The City of Marina purchased a $1 million dollar policy at that time. This policy will expire in December 2024.

In the 20 years that FORA has had PLL Insurance, no claims have ever been filed.

ANALYSIS
Staff is recommending that the City purchase coverage once again, at a $1 million policy coverage for PLL insurance. This insurance will cover incidents that are not typically covered under general liability policies for clean -up costs, personal injury, property damage and defense costs from munitions or explosives of concern. Even though the Army continues to be responsible for the clean and remediation if explosives or munitions are found, Marina could potentially have some risk. The PLL insurance policy will cover the risk.

1 The cost of $1 million insurance for 10 years of coverage will be around $50,000 or approximately, $5,000 per year. The insurance has a self-insured retention (SIR) of $500,000. The policy will be effective from January 2025 to January 2035. The policy does not cover removal or contamination due to asbestos or lead.

The City of Seaside, which is serving as the Environmental Services Cooperative Agreement agent since the termination of FORA, has coordinated the purchase of the new PLL insurance policy.

The attached map (“EXHIBIT A ”) shows the properties in Marina that will be covered by the PLL insurance policy.

FISCAL IMPACT:

The cost of this policy is estimated at $50,000 per million dollars of coverage and would come from unallocated fund balance.

CONCLUSION:

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

Respectfully submitted,

Belinda Varela
Director Human Resources & Risk Management
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

AUTHORIZING THE CITY MANAGER TO PURCHASE POLLUTION AND LEGAL

LIABILITY INSURANCE COVERAGE FOR THE REMAINING FORMER FORT ORD AREA AT A COVERAGE LEVEL OF $1 MILLION DOLLARS

WHEREAS, Previously the City of Marina has purchase Pollution Legal and Liability insurance coverage through FORA, and,

WHEREAS, this coverage expires December 2024, and,

WHEREAS, Pollution Legal and Liability insurance coverage is bound for a coverage period of ten years at a cost of $50,000 for each million dollars of coverage, and,

WHEREAS, the City of Marina has determined that it will be beneficial to purchase this insurance coverage,

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

1. Authorizing the City Manager to purchase Pollution and Legal Liability coverage level of $1 Million dollars.

2. Authorize the Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a reg ular meeting duly held on the 19th day of September 2023 by the following vote:

AYES, COUNCIL MEMBERS

NOES, COUNCIL MEMBERS

ABSENT, COUNCIL MEMBERS

ABSTAIN, COUNCIL MEMBER

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

3 EXHIBIT A
4 September 19, 2023 Item No: 10k(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council/Airport Commission of September 19, 2023

APPROVAL TO ALLOCATE FUNDING FOR EMERGENCY REPAIRS TO THE FIRE SPRINKLER SYSTEM AT 721 NEESON ROAD , BUILDING 533 ; AND

AUTHORIZING FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING

AND BUDGETARY ENTRIES
REQUEST:

It is requested that the City Council Commission consider:

1. Adopting Resolution No. 2023 - , approving the allocation of $55,655.14 for emergency fire sprinkler system repairs at 721 Neeson Road, Building 533; and

2. Authorizing Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:
721 Neeson Road, Building 533 is a steel framed structure with corrugated metal siding; large central hangar bay (approximately 137 feet wide, 150 feet long) with sliding doors at each end (facing northwest and southeast); door clearance height of 35 -40 feet; and two-story storage or office and restroom space along both sides of the hangar bay. The interior space consists of approximately 20,500 square feet of the hangar bay floor.

Building 533 was constructed by the Army in 1961. The fire system is original and has been in operation since that time. The system has run its useful life. Unfortunately, repair of this 60-year- old system is no longer possible and a retrofit is necessary.

The lease established with the tenant indicates that the maintenance of the fire suppression system is the responsibility of the City.

ANALYSIS:

The existing fire suppression system cannot be repaired today as the parts are not available. To ensure adequate fire protection that is code compliant, a complete retrofit of the fire suppression system is necessary.

In order to rectify the fire suppression system issues, staff has asked the City’s approval of an on- call contractor to provide a quote to complete the fire system retrofit work. The quote received includes costs of $55,655.14 to retrofit the entire system to make it compliant with today’s fire code and to modify the entrance to the hangar facility in order to be compliant with today’s fire code. Staff is including 10% contingency with the funding request, f or a total allocation of $55,655.14.

FISCAL IMPACT:

The cost to retrofit and modify the structure to meet fire code are $55,655.14. Staff is requesting a total allocation of $55,655.14 to allow for a 10% contingency. Funding for this project can be allocated unallocated funds in the Airport Capital Improvement Program. 1 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/Airport Manager
City of Marina

2 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL ALLOCATING FUNDING FOR EMERGENCY REPAIRS TO THE FIRE SPRINKLER SYSTEM AT 7 21 NEESON ROAD, BUILDING 533; AND AUTHORIZING FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.

WHEREAS, 721 Neeson Road, Building 533 is a steel framed 2 -story structure with offices on each wing and a large 20,500 square foot central hangar bay that was built by the Army in 1961; and,
WHEREAS, the fire suppression system was installed at the time the building was constructed and has been in operation since that time; and,
WHEREAS, the system has run its useful life and the pumps, valves, etc. cannot be guaranteed to work properly and repair of this 60-year-old system is no longer possible and a retrofit is necessary; and,
WHEREAS, the lease established with the tenant indicates that the maintenance of the fire suppression system is the responsibility of the City; and, WHEREAS, staff has asked the City’s approved on call contractor to provide a quote to complete the fire system retrofit work. The quote received included costs of $55,655.14 to retrofit the entire system and upgrade the structure to make it compliant with today’s fire code; and, WHEREAS, a total allocation of $55,655.14 including a 10% contingency is requested from the unallocated funds in the Airport Capital Improvement Program.

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

1. Adopting Resolution No. 2023 - , approving the allocation of $55,655.14 for emergency repairs to the fire sprinkler system at 721 Neeson Road, Building 533; and

2. Authorizing Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 19th day of September 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
2 3
4 5
6 7
8 9
10 11
12 13
August 28, 2023 Item No. 11a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 19, 2023

RECOMMENDATION TO CONSIDE R INTRODUCING ORDINANCE
NO. 20 23-, AMENDING CHAPTER 12.25 OF TITLE 12 OF THE
MUNICIPAL CODE ENTITLED ‘SKATE PARK FACILITY RULES AND
REGULATIONS”

RECOMMENDATION:

It is recommended that the City Council:

1. Consider introducing Ordinance No. 20 23-, adopting amendments to the ordinance for Marina Municipal Code Chapter 12.25 entitled "Skate Park Facility R ules and Regulations" to include rules and regulations for the Pump Track.

BACKGROUND:

The current ordinance, Municipal Code 12.25 “Skate Park Rules & Regulations”, established the rules and regulations governing the City of Marina Skate Park and was adopted a t the regular meeting of City Council of November 3, 2015 as Ordinance 2015-xx.

The City of Marina opened a new Pump Track on May 18, 2023. Rules and regulations for this unsupervised facility need to be established . In consulta tion with the City Attorney, it was determined that updating the existing Skate Park Facility Rules and Regulations to include Pump Track Rules and Regulations was the best approach.

ANALYSIS:

Updating of the Ordinance establishing rules and regulations affecting behavior and usage of the Pump Track is essential to the continued smooth and orderly use of the facility as well as the safety of the community members who utilize the Track.

The proposed Ordinance wi ll continue to provide a standard of conduct for both Skate Park and Pump Track users and give the Police Department and Recreation & Cultural Services staff the ability to continue to maintain order while continuing to cite violators as deemed necessary.

The following changes are proposed:

Sub-Section 12.25 is amended:

1. 12.25.010 Definitions – to define for the City of Marina:
a. “Pump Track” to mean the surface that involves a circuit of rollers, banked turns, and features designed to be ridden completely by riders “pumping”-generating momentum by up and down body movement, instead of pedaling or pushing. b. “Rider” to mean any individual using a bicycle, tricycle, unicycle, or strider. c. “Skater” to mean any individual using a skateboard, scooter, roller blades/in -line skates and skates.
d. “Strider” to mean a bicycle without pedals that learners propel by pushing their feet against the ground.
1 e. “Wheelchair” to mean a chair fitted with wheels for use as a means of transport for a person who is unable to walk as a result of illness, injury, or disability.

2. 12.25.020 Hours – to add Pump Track to existing language.

3. 12.25.030 Vehicles prohibited – to specify that the following vehicles are prohibited to use at the Pump Track: motorized bicycle/BMX bike, mo torized unicy cle, motorized tricycle, motorized skateboard, motorized scooter, motorized wheelchair or any other motorized device.

3. 12.25.040 Vehicles allowed – to specify that the following vehicles are allowed to be used at the Pump Track: all vehicles classified as bicycles, unicycles, tricycles, strider bikes, skateboards, scooters, roller blades/in -line skates, skates, and wheelcha irs that are propelled by human power.

4. 12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing Subsection B – to add Pump Track to existing language.

5. 12.25.060 Skate park facility rules –
a to change t he section title from “Skate park facility rules ” to “Skate park and pump track facility rules.

b. 12.25.060 Skate park facility rules Subsection 1 - to add Pump Track to existing language.

c. 12.25.060 Skate park facility rules Subsection 2-to specify all skaters shall wear a helmet, knee pads, and elbow pads at all times when skating. And all riders shall wear a helmet at al l times when riding and are strongly encouraged to wear gloves, knee pads and elbow pads.

d. 12.25.060 Skate park facility rules Subsection 3- to add bicycles, unicycles, tricycles, wheelchairs, and striders to the list of equipment that must be in good working order and safe to operate.

e. 12.25.060 Skate park facility rules Subsection 5- to add Pump Track to existing language.

f. 12.25.060 Skate park facility rules Subsection 6-to change skate park facility or skate park’s closure to facility’s closure to include both the skate park and pump track.

g. 12.25.060 Skate park facility rules Subsection 9, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 24- to add Pump Track to existing language.

6. 12.25.70 Unsupervised venue -Assumption of risk – to change title f rom Unsupervised skating venue to Unsupervised skating and riding venue. To add pump track to existing language.

To add assumption of risk language specific to the pump track and California Government Code 831.7.

Also provided is a version of the proposed changes, which shows the chan ges in italicized and underlined text. (EXHIBIT A)

2 The current Ordinance is provided. (“EXHIBIT B”):

The changes within the new version of the Ordinance b y and large update the content, but don’t change the intent of the original Ordinance.

FISCAL IMPACT:

None

CONCLUSION:

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

Respectfully submitted,

_____________________________
Andrea Willer, Ed.D.

Director of Recreation & Cultural Services
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne P. Long
City Manager
City of Marina

3 ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING CHAPTER 12.25 OF TITLE 12 OF THE MUNICIPAL CODE ENTITLED “SKATE PARK FACILITY RULES AND REGULATIONS”

THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:

1. Sub-Section 12.25 is amended:

12.25.010 Definitions – to define for the City of Marina:
a. “Pump Track” to mean the surface th at involves a c ircuit of rollers, banked turns, and features designed to be ridden completely by riders “pumping”-generating momentum by up and down body movement, instead of pedaling or pushing. b. “Rider” to mean any individual using a bicycle, tricycle, unicycle, or strider. c. “Skater” to mean any individual using a skateboard, scooter, roller blades/in -line skates and skates.
d. “Strider” to mean a bicycle without pedals that learners propel by pushing their feet against the ground.
e. “Wheelchair” to mean a chair fitted with wheels for use as a means of transport for a person who is unable to walk as a result of illness, injury, or disability.

12.25.020 Hours – to add Pump Track to existing language.

12.25.030 Vehicles prohibited – to specify that the following vehicles are prohibited to use at the Pump Track: motorized bicycle/BMX bike, mo torized unicy cle, motorized tricycle, motorized skateboard, motorized scooter, motorized wheelchair or any other motorized device.

12.25.040 Vehicles allowed – to specify that the following vehicles are allowed to be used at the Pump Track: all vehicles classified as bicycles, unicycles, tricycles, strider bikes, skateboards, scooters, roller blades/in -line skates, skates, and wheelcha irs that are propelled by human power.

2.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing Subsection B – to add Pump Track to existing language.

12.25.060 Skate park facility rules –
a to change t he section title from “Skate park facility rules ” to “Skate park and pump track facility rules.

b. 12.25.060 Skate park facility rules Subsection 1 - to add Pump Track to existing language.

4 Ordinance No 2023-
Page Two

d. 12.25.060 Skate park facility rules Subsection 3- to add bicycles, unicycles, tricycles, wheelchairs, and striders to the list of equipment that must be in good working order and safe to operate.

e. 12.25.060 Skate park facility rules Subsection 5- to add Pump Track to existing language.

f. 12.25.060 Skate park facility rules Subsection 6-to change skate park facility or skate park’s closure to facility’s closure to include both the skate park and pump track.

g. 12.25.060 Skate park facility rules Subsection 9, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 24- to add Pump Track to existing language.

12.25.70 Unsupervised venue -Assumption of risk – to change title f rom Unsupervised skating venue to Unsupervised skating and riding venue. To add pump track to existing language.

To add assumption of risk language specific to the pump track and California Government Code 831.7.

2. Effective Date. This Ordinance shall be in full forc e and effect thirty (30 ) days after its final passage and adoption.

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

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on duly held on the 19th day of September 2023, and was passed and adopted at a regular meeting duly held on the 3rd day of October 2023, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

Anita Sharp, Deputy City Clerk
5 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 1 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023.

Chapter 12.25
SKATE PARK AND PUMP TRACK FACILITY RULES AND REGULATION* Sections:

12.25.010 Definitions.

12.25.020 Hours.

12.25.030 Vehicles prohibited.

12.25.040 Vehicles allowed.

12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing.

12.25.060 Skate park and pump track facility rules.

12.25.070 Unsupervised skating and riding venue—Assumption of risk.

12.25.080 Remote camera(s).

12.25.090 Permits.

12.25.100 Record of skate park and pump track injuries.

12.25.110 Inconsistency.

12.25.120 Severability.
* Editor’s Note: Ord. No. 2008-01, § 1(Exh. A), adopted April 1, 2008, repealed the former ch. 12.25 and enacted a new chapter as set out herein. The former ch. 12.25, §§ 12.25.010—12.25.070, pertained to similar subject matter and derived from Ord. No. 2004-07, § 1 (part), 2004.

12.25.010 Definitions.

EXHIBIT A
6 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 2 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. “In-line skates/roller blades” means a form of skate with nonmetallic skate wheels mounted to the bottom of each boot or shoe, one in front of the other running down the center of the boot or shoe.
“Other wheeled recreational device” means scooters, in-line skates, and roller skates. “Pump Track” means the surface that involves a circuit of rollers, banked turns, and features designed to be ridden completely by riders “pumping”-generating momentum by up and down body movement, instead of pedaling or pushing.
“Pump Track Facility” mean the pump track together with the adjacent public parking, picnic and seating areas.
“Pump Track User” means a user of any wheeled recreational device allowed by Section 12.25.40. “Rider” means any individual using a bicycle, tricycle, unicycle, wheelchair, or strider. “Roller skates” means a form of skate with four nonmetallic wheels affixed to the bottom of each boot or shoe with a wheel situated at the outer four corners of each boot or shoe. “Scooter” means a vehicle that typically has one front and one rear wheel with a low footboard between, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard.
“Skater” means any individual using a skateboard, scooter, roller blades/in-line skates and skates. “Skate park” and “park” mean the cement surface that is designed and used for skating and enclosed by a high fence. The park area includes the bowl. “Skate park facility” and “facility” mean the skate park together with the adjacent public parking, picnic and seating areas. It includes all of the facilities from the Teen Center to the curb, including the park.
“Skate park user” means a user of any wheeled recreational device allowed by Section

12.25.040.
“Skateboard” means a wheeled device for riding upon with an oblong rigid material mounted on nonmetallic skate wheels and propelled by human power.

EXHIBIT A
7 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 3 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. “Strider” means a bicycle without pedals that learners propel by pushing their feet against the ground.
“Tricycle” means a vehicle with three wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.
“Wheelchair” means a chair fitted with wheels for use as a means of transport for a person who is unable to walk as a result of illness, injury, or disability. “Unicycle” means a one-wheeled vehicle, usually pedal driven. (Ord. 2015-06 § 1, 2015)

12.25.020 Hours.

It is unlawful for any person to use or be present upon the skate park or pump track facility between one hour after sunset and nine a.m. (current local time); provided, however, that this section shall not apply to any person who has obtained the prior authorization or permit from the director. Signs shall be posted about the Skate Park and Pump Track Facilities indicating the hours of operation. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.030 Vehicles prohibited.

Skate Park: It is unlawful for any person to use any bicycle/BMX bike, tricycle, unicycle, strider, motorized bicycle/BMX bike, motorized unicycle, motorized tricycle, motorized skateboard, motorized scooter, wheelchair, motorized wheelchair or any vehicle not listed in Section

12.25.040 within the confines of the skate park. (Ord. 2015-06 § 2, 2015) Pump Track: It is unlawful for any person to use a motorized bicycle/BMX bike, motorized unicycle, motorized tricycle, motorized skateboard, motorized scooter, motorized wheelchair or any other motorized device.

12.25.040 Vehicles allowed.

EXHIBIT A
8 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 4 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023.

Skate Park: All vehicles classified as skateboards, scooters, roller blades/in-line skates and skates that are propelled by human power and meet the definitions as prescribed in Section 12.25.010 are allowable for usage in the skate park. (Ord. 2015-06 § 3, 2015) Pump Track: All vehicles classified as bicycles unicycles, tricycles, strider bikes, skateboards, scooters, roller blades/in-line skates, skates, and wheelchairs that are propelled by human power.

12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing.

A. The director shall have authority to issue administrative citations and administrative fines in accordance with applicable provisions of Chapter 1.12 of the Marina Municipal Code and this section.

B. Notwithstanding any contrary provisions of Chapter 1.12, any person violating Section

12.25.060 (subsections 1 through 24) is subject to an administrative fine of fifty dollars for the first violation, one hundred dollars for the second violation, and two hundred dollars for the third and all subsequent violations. In addition to an administrative fine of two hundred dollars for a third or subsequent violation the director may permanently bar the violator from using any or all of the skate park or pump track facility.

C. The parent or legal guardian having control or custody of an un-emancipated minor whose conduct violates this chapter shall be jointly and severally liable with the minor for the amount of any administrative fine imposed pursuant to this section.

D. Administrative citations and fines issued under this section shall be subject to the administrative hearing provisions of Chapter 1.12. (Ord. 2015-06 § 4, 2015; Ord. 2008-01 § 1(Exh. A), 2008)

12.25.060 Skate park and pump track facility rules.

It is unlawful for any person within the skate park or pump track facilities to be in violation of the following rules of conduct and such persons shall be subject to administrative citation and

EXHIBIT A
9 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 5 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. administrative fine or criminal prosecution of the responsible party, as an infraction or as a misdemeanor at the city attorney’s discretion, pursuant to the Marina Municipal Code or the California Penal Code, including expulsion from the skate park or pump track facilities:

1. Skate Park and Pump Track users under twelve years of age shall be accompanied by a responsible adult at least eighteen years of age.

2. All Park users skaters shall wear a helmet, knee pads and elbow pads at all times when skating. All riders shall wear a helmet at all times when riding and are strongly encouraged to wear gloves, knee pads and elbow pads. All safety equipment shall be in good condition and repair and must fit the skater user properly. Helmets, knee pads and elbow pads shall meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) or standards established by these entities subsequent to the adoption of this section. Failure to wear or the use of nonfitting, improperly worn, worn out or unsafe equipment can disqualify the person from skating or riding.

3. All skateboards, scooters, in-line skates/roller blades, roller skates, bicycles, unicycles, tricycles, wheelchairs, and striders must be in good working order and safe for operation. Use of unsafe equipment can disqualify the person from skating or riding.

4. No person shall be on or use an individual apparatus within the skate park while another person is using it.

5. No person shall use the skate park or pump track when the surfaces of the skate park are wet or other conditions exist which would adversely affect the safety of skateboarders or skaters or riders.

6. Graffiti, tagging, damage, vandalizing and defacing city property or the property of others is prohibited. Such activity may result in the skate park facility or the skate park’s a facility’s closure, expulsion from the facility or the park.

7. Debris, waste and trash shall be disposed of only in appropriate receptacles provided by the city.

8. Use of amplified music is prohibited unless by permit issued by the director.

EXHIBIT A
10 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 6 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023.

9. Use of profanity, gestures or verbiage or boisterous behavior that could elicit a violent response, or that could endanger the safety of persons using the skate park or pump track facilities, is prohibited.

10. No person shall have a dangerous weapon in his or her possession. Dangerous weapons include, but are not limited to, guns, knives, bats, clubs or martial arts weapons.

11. Any bicycle/BMX bicycle, tricycle, unicycle, wheelchair, motorized bicycle/BMX bike, motorized tricycle, motorized unicycle, motorized skateboard, motorized scooter, motorized wheelchair or any other motorized or nonmotorized vehicle not expressly permitted by Section

12.25.040 is prohibited in the skate park.

12. All motorized devices or vehicles are prohibited on the pump track.

13. Food, drink, gum, and wax are prohibited inside the skate park and pump track.

14. Glass containers are prohibited inside the skate park and pump track.

15. Use, consumption, or being under the influence of any drug or possession of any drug paraphernalia is prohibited in the skate park and pump track.

16. Loitering in the skate park and pump track is prohibited.

17. Smoking or the use, consumption, possession or being under the influence of any alcoholic beverage is prohibited anywhere at the skate park and pump track facilities.

18. No additional skating or riding obstacles or materials (including but not limited to ramps or jumps) may be brought into the skate park or pump track, unless authorized by a permit issued pursuant to Section 12.25.090.

19. All skaters and riders must wear shirts while in the skate park or pump track.

20. Organized events must be approved by issuance of a use permit by the Director.

21. Any activity that constitutes dangerous or reckless behavior or that has the potential of injuring another skate park or pump track user or other person is prohibited.

22. Animals are prohibited inside the skate park and pump track.

23. If cited for a violation of this chapter, upon determination by the director, a person may be suspended for thirty days from use of the facility and the park and any equipment used in

EXHIBIT A
11 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 7 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. connection with a violation of this chapter may be seized as evidence and impounded. The director shall provide the violator with a receipt. Articles impounded pursuant to this section which are not claimed and released within sixty days of the initial impoundment date shall be disposed of according to the city’s police department established procedures for the impoundment of unclaimed property. For individuals under eighteen years of age, the signature of a parent or legal guardian shall be required for the release of impounded property.

Disposition and release of impounded property shall only be processed by authorized personnel of the city’s police department during normal business hours.

24. The director is authorized to close the skate park facility, or the skate park, or pump track for violations of any of these rules and must close and so post the park or the facility when a physically unsafe situation is created until such time as the director declares the park or facility safe for operation.

25. In addition to the rules set forth in this section, the director may establish other reasonable rules and regulations to protect the skate park facility, or the skate park, pump track and the persons using them from injury or damage. (Ord. 2015-06 § 5, 2015)

12.25.070 Unsupervised skating and riding venue—Assumption of risk.

The City of Marina Skate Park and Pump Track is are unsupervised recreational venues. The director shall cause to be posted signs on the fences of the skate park, facing the interior and exterior of the skate park stating:
“Skateboarding and the use of other wheeled recreational devices are hazardous recreational activities. Use of this park may result in minor or serious injuries that could result in death. Any use of this facility is at your own risk. The City of Marina does not assume any responsibility for injuries or death. Each person entering the facility assumes all risk of injury or death. All skate park users shall wear a helmet, knee pads and elbow pads that are in good working order and condition and which fit the skater properly (Marina Municipal Code, Chapter 12.25, California Health & Safety Code §§ 115800).

It is unlawful for any person to ride, operate or utilize any device other than a non-motorized skateboard, scooter, in-line skates/roller blades or roller skates. It is unlawful for any person to provide amplified music within the Park. The use of wax is prohibited. No additional ramps, jumps,

EXHIBIT A
12 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 8 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. barricades or other obstructions may be brought into the skate park. Any person failing to comply shall be subject to administrative citation and fine (Marina Municipal Code, Chapter 12.25).” (Ord. 2015-06 § 6, 2015)
The director shall cause to be posted signs around the pump track, stating:
“Wear a helmet at all times. Gloves, knee pads and elbow pads are also strongly recommended.

Ride responsibly and stay in control. This park is not supervised, and you are responsible for your own safety. Children should have parent supervision. Be considerate of neighbors & other pump track users, especially children. Spectators must remain outside of the pump track area. No alcohol or drugs permitted. No smoking, eating or drinking in the pump track area. Leave no trace! Pack out your trash. Pump track hours: 9:00am to one hour after sunset. Only non -motorized bikes, skateboards, roller skates, and scooters. Motorized vehicles are not permitted. Amplified sound, lessons, classes, contests and events allowed only by permit from the Parks Department. Pump track users are subject to all City of Marina Parks and Rules and regulations. MMC Chapter 12.12 Riding this unsupervised facility is a “hazardous recreational activity per California Government Code 831.7. Use of this facility may result in death or serious injury. Any use is at your own risk.

12.25.080 Remote camera(s).

Any use of a remote camera(s) at the facility or the park is for the purpose of deterring crime only and such camera(s) are not used for purposes of monitoring or supervising skaters or riders. Signs indicating that this unsupervised skate park facility, skate park, or pump track is being viewed by remote camera shall be posted. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.090 Permits.

A. It is unlawful for any organized group to use the skate park or pump track facilities or any portion thereof without authorization or permit issued by the director.

B. For purposes of this section an “organized group” shall include any team, league, club or group consisting of six or more individuals who participate together in recreation, sport or

EXHIBIT A
13 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 9 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. similar activity two or more times in a thirty-day period or for groups holding tournaments, meets or any other organized competition.

C. Permit Procedure.

1. Application for a permit shall be made on a form provided by the director and must be accompanied by the fee established by the city pursuant to Chapter 3.24.

2. The director may issue a permit hereunder if it is found that:
a. The proposed activity is consistent with the recreational needs of the community; b. The proposed activity will not unreasonably interfere with or detract from the general public’s enjoyment of the park or the surrounding neighborhood. In case of a conflict in requests or schedules, preference shall be given to Marina-based youth organizations to the extent possible;
c. The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; d. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
e. The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;
f. The Facility has not been reserved for other use at the day and hour required in the application.

3. Exemptions. No permit shall be required for city-sponsored events.

4. Appeal. Within ten days after receipt of an application, the director shall inform an applicant in writing of the reason(s) for refusing a permit, and any aggrieved person shall have the right to appeal in writing within thirty days to the city manager, who shall consider the application under the standards set forth in subsection (C)(2) of this section and sustain or overrule the director’s decision within thirty days. The decision of the city manager shall be final.

EXHIBIT A
14 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 10 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023.

5. Effect of Permit. A permittee shall be bound by all skate park or pump track facility and city park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

6. Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person, or the City, resulting from the use allowed by the permit.

7. Subject to Conditions. Any such permit shall be issued subject to such conditions as the director deems appropriate, including but not limited to the following:
a. Proof of insurance;
b. Indemnification of the city and its officers, employees, agents and volunteers; c. Damage deposit;
d. Security requirements;
e. No alcoholic beverages including beer;
f. Requirement that all participants are aware of the conditions of the permit and all facility rules and regulations.

8. Revocation. The director shall have the authority to revoke a permit upon finding a violation of any rule or ordinance or condition, that the facts leading to the findings in subsection (C)(2) of this section are no longer present or upon any other good cause shown. Upon such revocation, the permit shall no longer be valid and all members of the organized group must immediately cease use of the facility.

D. The director shall post or cause to be posted signs at conspicuous places at the skate park and pump track giving notice of the provisions of this section. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.100 Record of skate park and pump track injuries.

The director shall maintain a record of all known or reported injuries incurred by a skater or rider, skateboarder and/or an inline skater or roller blader or scooter user in the skate park or pump track and a record of all claims paid and not paid, including any lawsuits and their results,

EXHIBIT A
15 Chapter 12.25 Marina Municipal Code, Skate Park and Pump Track Facility Rules and Regulation Page 11 of 11 The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023. arising from those incidents that were filed against the city. Copies of these records shall be filed annually, no later than January 30th each year, with the California Assembly Committee on Judiciary and the Senate Committee on Judiciary. (Ord. 2015-06 § 7, 2015)

12.25.110 Inconsistency.

Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this chapter. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.120 Severability.

If any section, subsection, paragraph, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2008-01 § 1(Exh. A), 2008)
The Marina Municipal Code is current through Ordinance 2023-06, passed April 4, 2023.

Disclaimer: The city clerk’s office has the official version of the Marina Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: cityofmarina.org
Code Publishing Company, A General Code Company

EXHIBIT A
16 Chapter 12.25
SKATE PARK FACILITY RULES AND REGULATION*
Sections:

12.25.010 Definitions.

12.25.020 Hours.

12.25.030 Vehicles prohibited.

12.25.040 Vehicles allowed.

12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing.

12.25.060 Skate park facility rules.

12.25.070 Unsupervised skating venue—Assumption of risk.

12.25.080 Remote camera(s).

12.25.090 Permits.

12.25.100 Record of skate park injuries.

12.25.110 Inconsistency.

12.25.120 Severability.
* Editor’s Note: Ord. No. 2008-01, § 1(Exh. A), adopted April 1, 2008, repealed the former ch.

12.25 and enacted a new chapter as set out herein. The former ch. 12.25, §§ 12.25.010—

12.25.070, pertained to similar subject matter and derived from Ord. No. 2004-07, § 1 (part), 2004.

12.25.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Bicycle/BMX bike” means a vehicle with two wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.
“Director” means the city’s director of recreation and cultural services or any of his or her designees.
“In-line skates/roller blades” means a form of skate with nonmetallic skate wheels mounted to the bottom of each boot or shoe, one in front of the other running down the center of the boot or shoe.
“Other wheeled recreational device” means scooters, in-line skates, and roller skates. “Roller skates” means a form of skate with four nonmetallic wheels affixed to the bottom of each boot or shoe with a wheel situated at the outer four corners of each boot or shoe.

EXHIBIT B
17 “Scooter” means a vehicle that typically has one front and one rear wheel with a low footboard between, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard.
“Skate park” and “park” mean the cement surface that is designed and used for skating and enclosed by a high fence. The park area includes the bowl. “Skate park facility” and “facility” mean the skate park together with the adjacent public parking, picnic and seating areas. It includes all of the facilities from the Teen Center to the curb, including the park.
“Skate park user” means a user of any wheeled recreational device allowed by Section

12.25.040.
“Skateboard” means a wheeled device for riding upon with an oblong rigid material mounted on nonmetallic skate wheels and propelled by human power.
“Tricycle” means a vehicle with three wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.
“Unicycle” means a one-wheeled vehicle, usually pedal driven. (Ord. 2015-06 § 1, 2015)

12.25.020 Hours.

It is unlawful for any person to use or be present upon the skate park facility between one hour after sunset and nine a.m. (current local time); provided, however, that this section shall not apply to any person who has obtained the prior authorization or permit from the director. Signs shall be posted about the Skate Park Facility indicating the hours of operation. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.030 Vehicles prohibited.

It is unlawful for any person to use any bicycle/BMX bike, tricycle, unicycle, motorized bicycle/BMX bike, motorized unicycle, motorized tricycle, motorized skateboard, motorized scooter, wheelchair, motorized wheelchair or any vehicle not listed in Section 12.25.040 within the confines of the skate park. (Ord. 2015-06 § 2, 2015)

12.25.040 Vehicles allowed.

All vehicles classified as skateboards, scooters, roller blades/in-line skates and skates that are propelled by human power and meet the definitions as prescribed in Section 12.25.010 are allowable for usage in the skate park. (Ord. 2015-06 § 3, 2015)

EXHIBIT B
18 12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing.

A. The director shall have authority to issue administrative citations and administrative fines in accordance with applicable provisions of Chapter 1.12 of the Marina Municipal Code and this section.

B. Notwithstanding any contrary provisions of Chapter 1.12, any person violating Section

D. Administrative citations and fines issued under this section shall be subject to the administrative hearing provisions of Chapter 1.12. (Ord. 2015-06 § 4, 2015; Ord. 2008-01 § 1(Exh. A), 2008)

12.25.060 Skate park facility rules.

It is unlawful for any person within the skate park facility to be in violation of the following rules of conduct and such persons shall be subject to administrative citation and administrative fine or criminal prosecution of the responsible party, as an infraction or as a misdemeanor at the city attorney’s discretion, pursuant to the Marina Municipal Code or the California Penal Code, including expulsion from the skate park facility:

1. Skate park users under twelve years of age shall be accompanied by a responsible adult at least eighteen years of age.

2. All skate park users shall wear a helmet, knee pads and elbow pads at all times when skating.

All safety equipment shall be in good condition and repair and must fit the skater properly.

Helmets, knee pads and elbow pads shall meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) or standards established by these entities subsequent to the adoption of this section.

Failure to wear or the use of nonfitting, improperly worn, worn out or unsafe equipment can disqualify the person from skating.

EXHIBIT B
19 3. All skateboards, scooters, in-line skates/roller blades and roller skates must be in good working order and safe for operation. Use of unsafe equipment can disqualify the person from skating.

4. No person shall be on or use an individual apparatus within the skate park while another person is using it.

5. No person shall use the skate park when the surfaces of the skate park are wet or other conditions exist which would adversely affect the safety of skateboarders or skaters.

7. Debris, waste and trash shall be disposed of only in appropriate receptacles provided by the city.

8. Use of amplified music is prohibited unless by permit issued by the director.

9. Use of profanity, gestures or verbiage or boisterous behavior that could elicit a violent response, or that could endanger the safety of persons using the skate park facility, is prohibited.

10. No person shall have a dangerous weapon in his or her possession. Dangerous weapons include, but are not limited to, guns, knives, bats, clubs or martial arts weapons.

12.25.040 is prohibited in the skate park.

12. Food, drink, gum, and wax are prohibited inside the skate park.

13. Glass containers are prohibited inside the skate park.

14. Use, consumption, or being under the influence of any drug or possession of any drug paraphernalia is prohibited in the skate park facility.

15. Loitering in the skate park facility is prohibited.

16. Smoking or the use, consumption, possession or being under the influence of any alcoholic beverage is prohibited anywhere at the skate park facility.

17. No additional skating obstacles or materials (including but not limited to ramps or jumps) may be brought into the skate park, unless authorized by a permit issued pursuant to Section

12.25.090.

EXHIBIT B
20 18. All skaters must wear shirts while in the skate park.

19. Organized events must be approved by issuance of a use permit by the director.

20. Any activity that constitutes dangerous or reckless behavior or that has the potential of injuring another skate park user or other person is prohibited.

21. Animals are prohibited inside the skate park.

22. If cited for a violation of this chapter, upon determination by the director, a person may be suspended for thirty days from use of the facility and the park and any equipment used in connection with a violation of this chapter may be seized as evidence and impounded. The director shall provide the violator with a receipt. Articles impounded pursuant to this section which are not claimed and released within sixty days of the initial impoundment date shall be disposed of according to the city’s police department established procedures for the impoundment of unclaimed property. For individuals under eighteen years of age, the signature of a parent or legal guardian shall be required for the release of impounded property. Disposition and release of impounded property shall only be processed by authorized personnel of the city’s police department during normal business hours.

23. The director is authorized to close the skate park facility or the skate park for violations of any of these rules and must close and so post the park or the facility when a physically unsafe situation is created until such time as the director declares the park or facility safe for operation.

24. In addition to the rules set forth in this section, the director may establish other reasonable rules and regulations to protect the skate park facility or the skate park and the persons using them from injury or damage. (Ord. 2015-06 § 5, 2015)

12.25.070 Unsupervised skating venue—Assumption of risk.

The City of Marina Skate Park is an unsupervised recreational venue. The director shall cause to be posted signs on the fences of the skate park, facing the interior and exterior of the skate park, stating:
“Skateboarding and the use other wheeled recreational devices are hazardous recreational activities. Use of this park may result in minor or serious injuries that could result in death. Any use of this facility is at your own risk. The City of Marina does not assume any responsibility for injuries or death. Each person entering the facility assumes all risk of injury or death. All skate park users shall wear a helmet, knee pads and elbow pads that are in good working order and condition and which fit the skater properly (Marina Municipal Code, Chapter 12.25, California Health & Safety Code §§ 115800).

EXHIBIT B
21 It is unlawful for any person to ride, operate or utilize any device other than a non- motorized skateboard, scooter, in-line skates/roller blades or roller skates. It is unlawful for any person to provide amplified music within the Park. The use of wax is prohibited.

No additional ramps, jumps, barricades or other obstructions may be brought into the skate park. Any person failing to comply shall be subject to administrative citation and fine (Marina Municipal Code, Chapter 12.25).”
(Ord. 2015-06 § 6, 2015)

12.25.080 Remote camera(s).

Any use of a remote camera(s) at the facility or the park is for the purpose of deterring crime only and such camera(s) are not used for purposes of monitoring or supervising skaters. Signs indicating that this unsupervised skate park facility and skate park is being viewed by remote camera shall be posted. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.090 Permits.

A. It is unlawful for any organized group to use the skate park facility or any portion thereof without authorization or permit issued by the director.

B. For purposes of this section an “organized group” shall include any team, league, club or group consisting of six or more individuals who participate together in recreation, sport or similar activity two or more times in a thirty-day period or for groups holding tournaments, meets or any other organized competition.

C. Permit Procedure.

1. Application for a permit shall be made on a form provided by the director and must be accompanied by the fee established by the city pursuant to Chapter 3.24.

EXHIBIT B
22 d. The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;
e. The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;
f. The Facility has not been reserved for other use at the day and hour required in the application.

3. Exemptions. No permit shall be required for city-sponsored events.

5. Effect of Permit. A permittee shall be bound by all skate park facility and city park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

EXHIBIT B
23 Upon such revocation, the permit shall no longer be valid and all members of the organized group must immediately cease use of the facility.

D. The director shall post or cause to be posted signs at conspicuous places at the skate park giving notice of the provisions of this section. (Ord. 2008-01 § 1(Exh. A), 2008)

12.25.100 Record of skate park injuries.

The director shall maintain a record of all known or reported injuries incurred by a skater, skateboarder and/or an inline skater or roller blader or scooter user in the skate park and a record of all claims paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the city. Copies of these records shall be filed annually, no later than January 30th each year, with the California Assembly Committee on Judiciary and the Senate Committee on Judiciary. (Ord. 2015-06 § 7, 2015)

12.25.110 Inconsistency.

12.25.120 Severability.

EXHIBIT B
24 September 11, 2023 Item No: 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council/Airport Commission of September 19, 2023

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 23- ,

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 Resolution No. 2023-, approving a Lease Agreement between the City of Marina (City) 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 the Finance Director to make necessary accounting and budgetary entries; and

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

BACKGROUND:

On May 25, 2023, the Planning Commission approved Epic Wireless’ application for a Conditional Use Permit (CUP) to construct an eighty-nine-foot tall monopine facility at the corner of 3rd Avenue and California Avenue on the former Cypress Knolls property . The CUP was required because the facility exceeds the height limitation of the single -family residential zone. The Planning Commission decision approved the height and design. The Commission meeting can be viewed on the City’s Website by going to the Age nda Center then selecting the May 25 Planning Commission Meeting. Written Public Comments received prior and after the Planning Commission Public Hearing are included in EXHIBIT “ A”. The decision was not appealed, and the CUP is now active.

The application was submitted due to poor cellular telephone coverage in the former Fort Ord area of Marina, which is lacking in comp arison 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 Cingular Wireless commissioned Epic Wireless Group to locate a new telecommunications facility in the general vicinity of California Avenue and Imjin Parkway to address gaps in coverage in the area of Sea Haven, Preston and Abrams Parks, the Dunes, and the southeastern part of Central Marina and to address the loss of the telecommunications facility operated by T -Mobilei at the southeast corner of Imjin Parkway and California Avenue, due to an expiring lease in 2029.
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 of 3 rd Avenue and California Avenue was chosen as the most viable candidate.

The Commission’s Condition of Approval No. 19 required that the applicant obtain a Lease with the City for its location on the City-owned property for the CUP 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 reviewing the proposed telecommunications facility was to hold a public hearing and consider approval of a CUP for the height of the facility and design characteristics. The approval is subject to a lease.

The City Council is charged with considering the lease agreement to allow for the telecommunications facility to be located on City-owned property. The design, height or location of the facility at 3 rd Avenue and California Avenue is not before the Council for review . . Any changes to the facility or location would need to be initiated by the applicant through an application to the Planning Department, and approved by the Planning Commission. The action before the City Council is to approve or deny the proposed lease.

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”.

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 noted in the Background, staff worked with the applicant to ensure maxim um use of the tower and provided the expanded telecommunications coverage that has been desired in the recent past.

Additional carriers that collocate on the proposed tower would pay an additional $500 per month through the proposed lease. In addition, new carrier s that collocate on the tower will require additional ground space for equipment and will need to enter a lease with the City for the additional ground space separately. Through these provisions , a second 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 Planning Commission f ound and determine d, in accordance with the California Quality Act (CEQA), that the proposed project is exempt from environmental review per a Class 3 Categorical Exemption Section 15303 of CEQA for New Construction and Conversion of Small Structures.

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

ii Written correspondence from David Si egenthaler, Regional Program Manager for Federal Lan ds to Parks, National Parks Services (NPS) from Wednesday, February, 24, 2021, responding to a City request for approval of an upgrade to an existing telecommunications facility on property conveyed to the City under the NPS public benefit program , stated that “….[NPS] usually consider cell towers to be a comme rcial use unless a case ha s been made that the location of the facility within the park is needed for park communications and safety purposes and would the refore be considered a legitimate support fa cility.” The correspondence also asked City staff, “Can you provide anymore information regarding the necessity of this tower being in the park boundary? Has the cell company considered alterna te locations that would serve their purpose. ” In the conclusions of the correspondence, Mr. Siegenthaler noted, “I acknowledge that the NPS allowed the cell tower installation in 2004. I don’t have the documentation considered by NPS at the time, but the consent letter indicates an understanding that the tower would not impede achievement of the POU (Program of Utilization) and that all income derived from the installation would go to park purposes. I think our policy is clearer now that Income producing activity that is not directly related to providing public recreation services is generally not considered an acceptable use of the park. Our consideration of this specific instance should not be considered as a precedent for any other proposals.”
3 RESOLUTION NO. 2023-

APPROVAL OF 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 e xpressed an interest 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 (Epic Wireless) 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; and,

WHEREAS, on May 25, 2023, the Planning Commission approved a Conditional Use Permit for Epic Wireless to construct an eighty -nine-foot tall monopine facility that exceeds the height limitation of the single family residential zone , and located at 3 rd Avenue and California Avenue in the former Cypress Knolls property . The Planning Commission Resolution is included as included as EXHIBIT “A”; and,

WHEREAS, the Planning Commission found and determined, in accordance with the California Quality Act (CEQA), that the proposed project is exempt from environmental review per a Class 3 Categorical Exemption Section 15303 of CEQA for New Construction and Conversion of Small Structures; 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 contains the Terms and Conditions; and,

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. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

2. Authorize 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 Avenue and 3rd Avenue; and

3. Authorize the Finance Director to make necessary accounting and budgetary entries; and

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

4 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 19th day of September 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 From: Albert Yu
To: Nick Mcilroy
Subject: Proposed celltower near California and 3rd ave Date: Saturday, May 20, 2023 9:22:55 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Mr McIlroy,
I am writing to you to express my dissatisfaction with the proposed cell tower on California and 3rd Avenue. My wife and I are physicians and we are well read in the research available. I have spoken to a friend whose father pioneered research on cell tower safety. I am aware that most of the studies available are inconclusive and old. Most have been on 3G, not the new 5G and 5GUW. This is because the federal government stopped doing research on cell tower safety in the 90's so there is no clear evidence that RF radiation does not cause cancer. On the other hand, there was a large study from the US National Toxicology Program in 2018 that found lab rats exposed to RF radiation for a long period of time had a significant increase in a type of heart tumor called a schwannoma and possible increased risk for brain and adrenal gland tumors. Again research in humans is lacking and will continue to be lacking because the industry has no motivation to perform it.

However I do not want to take that risk. You are proposing to build a high powered source of radiation near my home.

You can imagine how unhappy I am to discover this. There is so much uninhabited land in and around Marina. I simply cannot comprehend why this cell tower needs to be located right in the middle of a highly populated developed area.

There was no such disclosure when we bought our home and we certainly would not have bought had we known yet again another cell tower would be built near our home. I don't want the potential risks of prolonged exposure to RF radiation from a high power cell tower. I don't want a 6-7 story eyesore of a cell tower near our community and the negative impact it will have on our home values.

I am asking you to find another location far away from Seahaven. Preferably someplace full of uninhabited land like near CSUMB. There is so much land in Marina. Surely there must be another favorable site in an uninhabited region that will topographically give you what you need. Please strongly consider my request and the concerns of many of us in our community kind regards,
Albert
33 From: CHRIS LEE
To: Nick Mcilroy
Subject: Objection of Cell Tower in Marina near California and 3rd Ave Date: Sunday, May 21, 2023 10:30:51 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Nicholas Milroy,
Please note, as a resident of Sea Haven in Marina, I am against the development/construction of a cell phone tower near California and 3rd Ave primarily because of the health concern.

Please do listen to the voices from the local residents and reconsider the decision.

Best regards,
- Chris
34 From: Jack Zhang
To: Nick Mcilroy
Subject: i am against the MONOPINE next to Sea Haven community Date: Sunday, May 21, 2023 5:01:14 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Nicolas Milroy,
I am a resident of Sea Haven.

I have learned that City of Marina is going to install a monopine in our community of Sea Haven.

I am totally against it for the scientific

study have demonstrated that it will

negatively

impact
people's health. So please reconsider this decision. I don't mind living with poor cell coverage.

Thank you for your effort to address this issue and effort to solve the cell coverage problem.

B.R.

Jack
35 From: Jacqueline Gonzalves
To: Nick Mcilroy
Subject: Wireless Facility at Cypress Knoll
Date: Sunday, May 21, 2023 6:47:28 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

My husband and I attended the town hall meeting on May 18th at The Cove and are extremely concerned about the cellular network tower “monopine” the city has decided to allow to be erected within 100

yards of my home. This is clearly on city property as you stated

and
appears to be a revenue driven decision.

After seeing the monstrosity of the one at Walmart, and knowing exactly where your office plans to put it, we are beginning to wonder what we can do to change your mind? After the complete brush off regarding our concerns about the 6 tiny garages in the new building your office has allowed, that promises a neighborhood parking nightmare,

and now
this?

What exactly have we done to offend you?

This monstrosity is going to be all I’m going to
see out my front windows!

This will affect my property values as well as our wellbeing!

These type of structures are typically kept out of residential areas due to incompatibility with residential space and character.

Why can’t it be relocated to the area where the new fire station is going to be built?

This is a much higher elevation and should cover the areas in question. This is also city property.

The area is elevated and the fire department could use the tower for their 2 way communication devices!
Has

your office considered alternatives?

Or are we just getting the jabby end of the stick?
Most cellular towers are built on commercial property so as to not interfere with residential quality of life.

This is a longstanding practice.

Please reconsider your decision.

Thank you,
Jacqueline Gonzalves

Sea Haven Resident

209-769-7995
36 From: Linda Szkoropad
To: Nick Mcilroy
Subject: Sea Haven impact
Date: Sunday, May 21, 2023 8:46:25 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

I went to the meeting you had at Sea Haven a couple of days ago, thank you for your time.

I feel there are two issues that put my family at risk, I really need to share them and I feel you can help

1. The right turn off California to SH on Marina Heights is so tight and comes so suddenly that I've almost been rear-ended several times! It's 40 mph and people don't care that I have my signal light on. There needs to be a separate turn lane for that sudden right turn.

2. The lack of environmental impact the proposed cell tower may have on a populated area. Even T-mobile warns those using their cell boosters are exposed to cancer causing radio waves. A tree of this height belongs in a wooded area surrounded by other high trees, it will stand out like a sore thumb. There has to be a better solution. I will never buy a house near such a tower, or PGE substation, nobody will and we were NOT warned this was coming. We are not all able to come to these meetings, not enough info was given before it was approved????
Thanks for reading this!
Linda and Bo Szkoropad
Sea Haven residents since 2019
37 From: Nesreen khraisha
To: Nick Mcilroy
Subject: proposed wireless monopine
Date: Saturday, May 20, 2023 10:59:03 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City of Marina,
I am writing to express my deep concern regarding the proposed construction of a cell tower next to my house. As a resident of this community, I believe it is my duty to voice my concerns about the potential health risks associated with exposure to the radiation emitted by these towers.

Numerous studies have linked long-term exposure to electromagnetic radiation to an increased risk of cancer, as well as neurological and reproductive problems. Furthermore, I am concerned about the potential impact on property values in the area, which may decline as a result of the construction of this tower.

I urge you to consider the community's health and safety above all else and to look for alternative locations for the tower. I appreciate your attention to this matter and would welcome the opportunity to discuss this issue further.

Sincerely,
Nesreen Khraisha, MD
38 From: Robert Biederman
To: Nick Mcilroy
Subject: Cell Tower
Date: Friday, May 19, 2023 8:09:18 PM
Attachments: image0.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Good Afternoon Sir.

My name is Robert Biederman and I live in the Sea Haven community.

I am writing to say
that I fully agree and support your decision to place a cell tower at the corner of California Ave and 3rd St.

I feel this will ultimately make a lot of people happy not only in Sea Haven, but also the surrounding communities.

Cell reception is pretty bad here and I have been waiting for a new tower to go up.

There is one in the Sea Haven community that is trying to get everyone to send you an email saying to move the location as it will affect her house value, nothing else.

Please disregard
these emails as we desperately need a new tower.

I have attached what she is writing.

Thank you for your time.

Respectfully

39 Robert Biederman
US Army Retired
40 From: Viktoria Hill
To: Nick Mcilroy
Subject: Wireless monopine tower in Marina petition
Date: Friday, May 19, 2023 7:21:27 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hi Nicholas,
Thank you so much for your time on sharing Marina plans

with the Sea Haven neighbors at
the Cove last night. Much

appreciated!
I'm writing to express my concern

on the proposed wireless monopine tower location. I know you mentioned that it's safe for health and yet you said that it would affect the wildlife if placed further in the Cypress Knolls area. It sounds contradictory.

From my real estate professional experience, it may also affect the values

of the homes close
to it including my own. I wish I was aware of the fact that there will be this tower close to my house when I was buying it. Not sure whether the city had any other meetings with the citizens prior to yesterday's one discussing the location of this tower.

I'm highly opposed to the proposed location and kindly ask you to reconsider it.

Viktoria Hill
Real Estate Agent
DRE #01889081
Cell: 415-368-2596
Email:

[email protected]
See my 5-star reviews
41 From: Kathy Cook
To: Nick Mcilroy
Subject: Cell Tower on California
Date: Monday, May 22, 2023 12:34:29 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Nick,
I write to you as a concerned citizen that such a large cell tower will be located so close to so many homes and a nearby high school on California.

There seems to be a lot of unknowns regarding the safety of these towers. A few years ago in the City of Ripon, CA there was a large cell tower near an elementary school and they had a childhood cancer cluster. They removed the tower. I don’t know if they determined the cause but with so many still undeveloped areas nearby, couldn’t it be placed away from homes and schools as a safety precaution? Thank you for your help.

Kathy Cook
209-765-6132
42 From: Linda Vrabel
To: Nick Mcilroy; Alyson Hunter
Cc: [email protected]; Liesbeth Visscher; Brian McCarthy; Cristina Medina Dirksen; Bruce Delgado; Layne Long Subject: Comments on Proposed Wireless Facility on Cypress Knolls Property Date: Monday, May 22, 2023 7:54:05 PM
Attachments: image.png
image.png
image.png
image.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City Officials:

Please

deny

the permit for the proposed wireless facility on Cypress Knolls Property in its

entirety since the structure is incompatible with residential

areas. I am a
proponent for additional cell phone towers in Marina so that we all have better Cell Service but not at the expense and health of the City's residents and of the City's residents home values. Please consider the following comments and rationale presented to deny this request as submitted.

Additionally, Please require the cell phone tower be constructed at an alternate location

that is in a

suitable area (commercial, industrial, or at the vast openspace

at
CSUMB. This cell tower needs not to be constructed in a Residential area in our community.

As a

resident of Maria, I don't want increased health risks, potential or not.

As a resident of Marina I don't want a 6-7 story eyesore of a cell tower near our precious residential community. I don't want the negative impact this Cell Tower will have on our home values.

There

must be many better suited alternative locations that
are not in the Cypress Knolls residential community.

Comment 1:

Health and Safety Concerns
The City of Marina stated during the Sea Haven meeting on Thursday May 18, 2023 that the City does not regulate Cell Towers. As such the City is negligent

in its duties.

Mar 10, 2023

—
Damage to key PG&E transmission lines in

Monterey

were to
blame for

massive power outage in Seaside. This power outage also affected

my cell
service and my internet service in

Marina. I was without cell

service and internet
service for at least 4 hours. In the event of an

emergency I would not have been able to
contact 911. The City of Marina must consider Cell Service Infrastructure a health and safety issue

in the

future and regulate Cell Service. The City must develop safe measures to guarantee Marina residents have 24/7 access to 911.

Comment 2:

Better Suited Alternative location

in an

industrial or commercial or
CSUMB location

The City of Monterey developed an

ordinance

to regulate Cell Towers in their
community (refer to Monterey Municipal Code 38-112.4 Wireless Communications Facilities.

Wireless companies looking to install cell towers are directed to the city's 43 Sec. 38-112.4.D.2.b.
industrial and commercial areas. The ordinance says residential neighborhoods would be the last option to build a cell tower.

Wireless Communications Facilities.
(iv)Except in the case of an emergency, the temporary wireless communications facility is not proposed for a residential zoning district (i.e., R-E, R-1, R-2, R-3 and any PC zone not governed by a specific plan).

This ordinance is very wise and is also considerate of their resident's health and their resident's home values. The City of Marina should follow the City of Monterey's lead and approve the construction of this proposed

cell tower only at an
alternate

commercial,

industrial, or at the CSUMB.

There is SO MUCH uninhabited
land in and around Marina. I simply cannot comprehend why this cell tower needs to be located right in the middle of a highly populated Residential area.

Comment 3: Height of Cell Tower is incompatible when compared to surrounding structures and surrounding trees
Generally, the City encourages planting trees that will form tall canopies, which will moderate wind intensity, add attractiveness to the city. However, this 90 foot cell tower that does not look like a tree will not add attractiveness to the City of Marina.

A
90 foot structure will become an eyesore for decades.

I believe most of the homes in
Marina have an

average height

of 1 story

building

(9 to 10 feet tall) or a

2-story
building

(18 to 20 feet

tall). While the Dunes are currently building many three story structures (30 to 35 feet tall).

Tree species that will grow into mature specimens with substantial height and mass should be included in landscape designs. A stand alone tree structure is incompatible with the City's tree criteria.

The City encourages planting trees that will form tall
canopies, which will moderate wind intensity, add attractiveness to the city, and provide wind protection, which is necessary for more diversified and attractive landscape plantings in the future.

The City of Marina's RECOMMENDED LIST OF PREFERRED TREES follows. This list shows the height and the wind tolerances where 5 is the best.

Erobotrya japonica Loquat 15-30 with wind tolerance of 3

Callistemon citrinus Lemon bottlebrush 20-25 with wind tolerance of 1

strawberry tree 20-35 with a wind tolerance of

4 Casuarina strict coast beefwood 20-35 with wind tolerance of 5

Arbutus ‘Marina’ strawberry tree 20-35 with wind tolerance of 2

Corynocarpus laevigata New Zealand laurel air 20-40 with wind tolerance of 2

Eucalyptus polyanthemos Silver dollar gum 20-60

with wind tolerance of

4 eijera Parvifiora Australian willow 25-30

with wind tolerance of

1 Eucalyptus ficifolia red flower gum 30-40

with wind tolerance of

5 Eucalyptus nicholii Willow-leaf pepermint 30-40

with wind tolerance of

5 Cinnamomum camphora camphor tree 30-50 with wind tolerance of 3

Brachychiton poulneus bottle tree 30-50

with wind tolerance of

2 Ginko biloba maidenhair autumn gold 35-50 with wind tolerance of 1 44 Casuarina cunninghamiana river she-oak 40-70 with wind tolerance of 4 Cupressus Macrocarpa (2) Monterey cypress 50-80 with wind tolerance of 5 Eucalyptus viminalis Manna gum 100-150 with wind tolerance of 4

As one drives around the City of Marina one can see the general height of trees in Marina is well under 90 feet.

The result of

cell service tower that is

taller than most
of the surrounding structures and taller than most of the surrounding trees must be deemed incompatible. The

cell service tower will be seen in most directions for 4000 feet. That is almost one mile. This cell service tower will be an eyesore and for which Marina

California will become

known. Similar in nature to the industrial look of the
Moss Landing Stacks (500 feet) but much shorter. It seems logical to build three separate smaller cell towers that are compatible with their surroundings.

Will Marina be stuck with a 90 foot cell service tower in a Residential

area for
decades?

Comment 4:

Require a Cluster of Smaller Artistic

Cell Towers not a Tree nor a
Water Tank
To state the choices, a water tower or a tree, the

City of Marina has been

offered is
unacceptable. Consider

thinking out of the box. The City of Seaside installed
an

artistic cell structure in a commercial area. Please contact them for ideas and recommendations.

Or Surf a bit

for some interesting ideas.

Here are some examples
of cell towers on the internet.

Attention creative wireless site planners: A truly twisted cell tower has risen from a mesa in Albuquerque, New Mexico.

This uniquely designed multi-
carrier

cell tower
constructed in the Mesa del Sol area in Albuquerque, New Mexico, just south of the airport.

The architect for this site is Dekker/Perich/Sabatini.

This site
isn’t quite complete, but it should raise the level of the discussion regarding turning cell sites into artistic visions.

The anchor tenant at the site is Verizon Wireless.

The
site can handle up to seven carriers.
45 An American Flag
A bell tower
An Art Installation
Comment 5:

Negative impact on Sea Haven home values.

Transmissions from nearby high voltage power lines and cell towers are concerning to many people and reduce
property values. One realtor in
the City of Marina stated that
buyers are turned off by the presence of power lines and cell towers. Prospective buyers will turn around once seeing any electricity or wire pole anywhere close to a house especially when buying a house over $1M.

Our society has been inundated with misinformation. As a result one expert may say it's ok but residents may not believe the expert. Especially if another expert says the exact opposite. Why put Marina Residents at risk? Required the cell provider to find an alternate non residential location.

Comment 6:

Disclosure

I am gravely concerned about disclosure. This project did not have a public notification process. If I knew that a cell tower would be constructed within the vicinity of my home, I would not buy it. I wish the potential placement of this cell tower had been disclosed to me prior to buying my home in 2021. 46 Conclusion
Our community really needs more Cell towers to enhance our cell

signal

but not at the
expense of our residents. A suitable area must be required that meets the needs of our community and of the City

of Marina.

Please deny this project as submitted because a
6-7 story cell tower tree will be an
eyesore
near our precious community that I do not
want to endure.

I apologize

for the lack of timeliness of these comments. Unfortunately, I only heard of this project at a meeting to introduce the City's General Plan last Thursday.

Respectfully submitted.

Linda Vrabel
476 Hood Way
Marina Ca 93933
47 From: Minh Dao
To: Nick Mcilroy
Subject: Wireless tower game Monopie fake tree
Date: Monday, May 22, 2023 9:00:39 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hi Mr.

Milroy,
We are Minh Dao and Giao Tran residents at 3003 Arido Way, Marina CẢ 93933. We are writing this email to ask you to consider moving the tower that you planned to have it build right behind our back yard to a different location.

Somewhere that not near the residential area. Have you ever concern for public health? I have been working as RF design engineer for more than 30 years, I have done tremendous RF radiation leakage and SAR test on cellular. And I know how strong the field was, even at the mobile unit level. For short term, of course, you never see the affect but for long term it will harm you badly. So please, don’t put public health at risk. Other cities, I didn’t see they planned next to residential area. Most of them along high way or wide street away from residential. Why don’t you planned to have it at California/Imjn corner?
Once again, we ask you not to consider at current location.

Best Regards,
Minh Dào
48 From: Michael Blanco
To: Nick Mcilroy; Cristina Medina Dirksen
Subject: Proposed Cell Tower
Date: Tuesday, May 23, 2023 10:46:23 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Good morning Nicholas and Cristina,
It has been brought to our attention that a Cell Tower is being proposed to be installed across the street from the Sea Haven Community in Marina, CA.

The residents of Sea Haven do not
want the proposed cell tower near our homes due to the potential long term health hazards this will

have on our community (not just wildlife).

There have been global case studies conducted (Kumar, 2013; Levitt & Lai, 2010; Pachuau & Pachuau, 2013) about the harmful environmental impacts of cell towers radiofrequency radiation (RFR) on the human body.

Researchers have found that (RFR) has the potential to
cause cancer, tumors, skin rashes, neurological disorders

such as dizziness, headaches,
memory loss and many other severe illnesses when placed near populated areas. We do not want cell towers that emit (RFR) near our homes.

As our city leaders, it is my hope you take our concerns into serious consideration and look for other remote locations for the proposed cell tower.

Sincerely,
Dr. Michael Blanco
Cell Phone: (408) 859-8293
Email: [email protected]
49 From: Amanda Chung
To: Nick Mcilroy
Subject: Relocation of 5g tower away from schools and neighborhoods Date: Wednesday, May 24, 2023 2:59:38 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello Nicholas Milroy,
I am not one to complain , but I feel strongly enough to say that I would like you to reconsider the location of the 5g Tower.

I understand that not enough data has been collected to say that these 5g towers are dangerous are not, but why should Marina families be used as a test subject? 1) The tower is proposed to be located on a walkway to two of Marina's Schools.On the way to both Crumpton Elementary and Marina High.
2) The tower is proposed to be located in the middle of the suburbs.

Marina has much more landscape away from local neighborhoods and schools. Please reconsider a different location.

Thank you,
The Chung Family
50 From: fernando gutierrez
To: Nick Mcilroy
Cc: F. Gutierrez
Subject: CONDITIONAL USE PERMIT NO. CUP22-02
Date: Tuesday, May 23, 2023 3:56:46 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Good afternoon Mr. Nicholas McIlroy,
I won't make this email too long.

I am opposed to the approving a Conditional Use
Permit No. CUP22-02 to construct a new eighty-nine foot tall “monopine” wireless facility located in the Cypress Knolls property at California Ave and 3rd Ave.

I believe and know that if the "89' monopine" is built at that location, it will directly impact the home property values (decrease) located at Sea Haven, of which I live in.

I do not want my home value decreased because of something that can be relocated to another location where it is not visible from homes located directly across the street on California Ave.

A possible location would be on the SE corner of Imjin Pkwy and California Dr.

That is not too far from the proposed current location.

My other concern is the close proximity to Sea Haven Resident homeowner's health.

Numerous studies have linked long-term exposure to electromagnetic radiation to an increased risk of cancer, as well as neurological and reproductive problems.

Thank you for your time,
Fernando Gutierrez
[email protected]
51 From: Ramon Gonzalez
To: Nick Mcilroy
Subject: 89 mono pine location
Date: Wednesday, May 24, 2023 2:31:34 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

My name is Ramon Gonzalez I’m a resident of the Sea Haven community. My address is 3017 Arido way in Marina and I strongly disagree with the location proposed from the city regarding the 89 mono pine location.

I oppose this measure.

Ramon Gonzalez
3017 Arido Way
Marina Ca 93933
Sent from my iPhone
52 From: Guido Persicone
To: Karen Nitenson; Nick Mcilroy
Subject: FW: Tower Cell
Date: Wednesday, May 24, 2023 8:45:27 AM

From:

RICHARD TRAVERS <[email protected]>
Sent: Tuesday, May 23, 2023 10:10 PM
To: Guido Persicone <[email protected]>
Subject: Tower Cell

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Lets get it done. The current situation sucks.
53 From: Ryan Bland
To: Nick Mcilroy
Subject: Proposed Wireless Monopine @ Sea Haven
Date: Tuesday, May 23, 2023 3:54:03 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello Nicholas,
I am a resident of Sea Haven and was made aware of the proposed plan to place the wireless Monoprine

on the intersection of California and 3rd. I am curious to further understand why this location was chosen

and have my own concerns

about

the placement in which you
initially proposed. I strongly ask that you reconsider finding an alternative area to place the Monopine that would be less intrusive and impactful to the residents of Sea Haven.

Thank you for your consideration,
Ryan
--
Ryan Bland
Mobile: (919) 594-8630
Email: [email protected]
54 From: TC Clark
To: Guido Persicone; Alyson Hunter; Nick Mcilroy
Cc: Liesbeth Visscher; Coleen Clark
Subject: Proposed cell tower on California Ave.

Date: Tuesday, May 23, 2023 3:05:25 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello,
I’m writing as a Sea Haven resident to oppose the construction of the proposed 89’ cell tower at California Ave & 3rd Ave. The photo elevations provided in the proposal show this to be an overwhelming eyesore and looks totally out of place at that location. It is almost twice as high as any other “tree” around it and thus it severely impedes one of Sea Haven’s finest amenities: Westerly sky views, especially during twilight hours. It is the feeling of many residents that this enormous structure will not only effect quality of life for residents but will also impact property values.

While it is true that the city needs better overall cell reception, I’m sure a compromise can be found that can service that need while not negatively impacting the lives of thousands of residents.

Please reconsider,
Tom Clark
Arido Way, Marina
55 From: Linda Vrabel
To: Nick Mcilroy
Subject: Re: File Review 90 foot Cypress Knolls Cell Tower Facility Date: Tuesday, June 6, 2023 11:47:24 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Thank you.

Sent from my iPhone
On Jun 6, 2023, at 11:24 AM, Nick Mcilroy <[email protected]> wrote:

Good morning Linda,

If you would like to submit a Public Record’s Act request, please visit our website for more information: https://www.cityofmarina.org/91/Public-Record-Request. Please note that we can only provide City of Marina related documentation.

Sincerely,

Nick McIlroy
Interim Senior Planner

<image003.jpg>
City of Marina
211 Hillcrest Ave
Marina, CA

93933

Direct:

831-884-1217
Office:

831-884-1220
Fax:

831-384-0425

Nick

From:

Katherine Biala <[email protected]>
Sent: Tuesday, June 6, 2023 11:03 AM
To: Linda Vrabel <[email protected]>
Cc: Nick Mcilroy <[email protected]>; Guido Persicone <[email protected]>; Alyson Hunter <[email protected]>; Layne 56 Long <[email protected]>
Subject: Re: File Review 90 foot Cypress Knolls Cell Tower Facility

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Linda, I would suggest that you watch the lengthy Planning Commission deliberations on the topic on May 25 at:

https://videoplayer.telvue.com/player/AWBnUCvvx6cKD1BrvIIZX31orwnnR9JL/videos? search=marina%20Planning%20Commission

Many of your questions were addressed at that meeting.

Thank you for your interest.

Kathy
_____________________
Kathy Biala
[email protected]
cell: 831-242-0023
3012 Crescent St.

Marina, CA 93933

On Jun 6, 2023, at 10:08 AM, Linda Vrabel <[email protected]> wrote:

Good

Morning Nick,

Please help me understand the City’s review process for choosing of site of the Cypress Knolls Monopine cell tower facility?

What criteria had to have been meet for approval of this project? What was the reasoning for this exact location and height? Were alternative sites proposed or available? If so what were they? Was this proposed towers’ efficiency taken into account since it will be constructed in a low lying area?
57 How do I apply for the Freedom of Information Act in the City of Marina to review all of this project record’s including but not limited to: letters, emails, plans and specs, draft designs, meetings notes, meeting records, phone call records, owner safety records of the other projects of this caliber, etc.

Are there any other towers this high in the County.

Thank you,
Linda Vrabel

Sent from my iPhone

On Jun 6, 2023, at 9:10 AM, Nick Mcilroy
<
[email protected]> wrote:

Good morning Linda,

The lease for the wireless facility in Cypress Knolls has not been scheduled yet. Please check the agenda center
periodically to see when it is scheduled for City
Council:
https://www.cityofmarina.org/AgendaCenter. For
your information, the City Council will not be considering the design or any other aspects of the use permit. They will only be considering the land lease.

Sincerely,

Nick McIlroy
Interim Senior Planner
On Jun 4, 2023, at 10:01 PM, Linda Vrabel
<[email protected]> wrote:

Dear City Officials, Planning Commissioners, and
planning staff:

I understand AT&T’s request to permit a 90-foot
Monopine

cell tower, six to seven stories tall, in
Cypress Knolls recently passed with a vote of 4 for
and 3 against. Unfortunately, the Planning
Commission’s approval of the permit to install this
Wireless Communications Facility was short sighted.
58 Please take action to relocate this cell tower to a
nonresidential location before a lease agreement is
signed.

A brief synopsis of reasons to relocate this
very important project follows.

* The decision to locate the cell tower in a Residential Zoned area will set a precedent, thus making it harder
to keep
Wireless Communications Facilities out of
residential areas in the future. Plus other nearby
communities have already done so.

* The carrier should not be allowed to build this
tower in a residential area until that carrier has
demonstrated that there are no other options such as
features, structures, or locations that can
accommodate this wireless carrier’s cell tower.

**Suitable features/ structures include:

rooftops,
water towers, hillsides or hilltops, hotels, health
facilities,

publicly owned properties

including State,
Federal or City facilities, Park Settings, and/or
the new
commercial building by the promenade, etc.

** Consider

the southeast corner of Imjin and
California Avenue. The hill provides height

and
existing communication facilities are present. Plus
retail is planned nearby. Perhaps this location
would help reception near Target.

* The proposed project site in Cypress Knolls is a low- lying area rendering this cell tower inefficient.

Whereas, relocating to a higher elevation would
produce better results in service.

Relocate this tower
to a more efficient

industrial or a commercial zone.

* The City of Marina should consider preparing
regulations pertaining to wireless communication
facilities by developing standards and establishing
ground rules for tower placement. Standards should
address compatibility issues between locations of
wireless infrastructure and existing lands uses,
compatibility with community character, and height.
*

Cell Tower(s) should not be allowed in Residential
Areas until the City of Marina has an ordinance that
prescribes suitable zoning districts for the location of wireless communication facilities.
* Consistent Regulation of Wireless Communications
Facilities will then make it easier for Businesses to
install these towers in a consistent cost-effective
59 manner. Plus it is my understanding a monopine is more expensive to build.
* Sea Haven has poor cell reception and it has been
mentioned that building the wireless communication
facility at Cypress Knolls will not help cell reception in either Sea Haven or along Highway 1. It negatively
impacts Sea Haven and Cypress Knolls residents!
* The City of Marina must regulate adequate Cell
Service Infrastructure to guarantee Marina residents
have 24/7 emergency access such as 911. Most
residents no longer have hard wired phones.
*

One 90-foot Monopline visible for almost a
mile

destroys our city's skyline

and serves as an
unintentional landmark.
*

Once this structure is built and is within their line of sight these residents will be most unhappy.

*
This cell tower is two to three times as tall as nearby buildings and trees found in Marina. There is still time to reduce the height of this cell tower’s height to
make it compatible with trees and buildings existing
within the City of Marina.
*

There is no provision for the removal after its life
cycle.
* As per the American Cancer Society, cell towers
increase the risk of health hazards such as headaches,
memory loss, congenital disabilities, and
cardiovascular stress. Many studies also suggest cell
towers lead to cancer.
* *
https://www.cancer.org/content/dam/CRC/PDF/Public/6645.00.pdf Does the City of Marina want an added potential for
lawsuits based on negative health affects with a
Residential

cell tower?
This is probably a valid reason why towers are
located in commercial, industrial or expansive
undeveloped rural areas.
* Home values will be degraded, and our home
values provide tax base and revenues that fund

city
operations.

* An artistic or appealing structure would ensure
compatibility with our community’s character.
* Lack of Notice Requirements did not allow
residents sufficient time to comment.
60 * There is insufficient time for Concerned residents of Sea Haven to begin the 10-day appeal process.

Unfortunately, the City of Marina planners were not
interested in hearing the opinions of Sea Haven
Residents. Instead, our opinions and concerns were
not valued, and our comments were minimized and
nullified. Why did the planners bring up this topic
when our neighborhood will not even benefit with
improved cell reception. The fact that we had the
meeting implied the tower would help us.

Please help the Citizens of Marina by relocating this
cell tower to a commercial or industrial area, to
publicly owned properties including State, Federal or
City facilities, or to the vast rural/open

spaces in
Marina.

This is a very important project. I am a proponent for
additional cell phone towers in Marina so that we all
have better Cell Service. However, the carrier must
demonstrate that no features or structures can
accommodate this wireless carrier’s equipment prior
to constructing this wireless communication tower in
Cypress Knolls proposed residential area and the Sea
Haven neighborhood.

As the City of Marina updates its Master Plan, please
research all existing wireless telecommunication
facility information. Please identify possible terrain
data, and other related technical data to help with
the best possible placement of future cell towers. This information could then be used to design a Master
Wireless Plan. This plan would be a useful tool
showing where existing coverage gaps exist and could
be used as a planning tool.

The City of Marina must plan with all residents in
mind to help this City thrive.

Respectfully submitted.

Linda Vrabel
476 Hood Way Marina Ca 93933

61 From: Linda Vrabel
To: Bruce Delgado; Cristina Medina Dirksen; Liesbeth Visscher; [email protected]; Brian McCarthy; Alyson Hunter; Layne Long; Nick Mcilroy; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; John Richard; [email protected] Subject: Before Lease is Finalized Consider Relocating 90 foot Cypress Knolls Cell Tower to Commercial, Industrial, or Publicly Owned Space
Date: Sunday, June 4, 2023 10:01:46 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear City Officials, Planning Commissioners, and planning staff:

I understand AT&T’s request to permit a 90-foot Monopine cell tower, six to seven stories tall, in Cypress Knolls recently passed with a vote of 4 for and 3 against.

Unfortunately, the Planning Commission’s approval of the permit to install this Wireless Communications Facility was short sighted. Please take action to relocate this cell tower to a nonresidential location before a lease agreement is signed.

A brief synopsis of
reasons to relocate this very important project follows. *

The decision to locate the cell tower in a Residential Zoned area will set a precedent, thus making it harder to keep Wireless Communications Facilities out of residential areas in the future. Plus other nearby communities have already done so. * The carrier should not be allowed to build this tower in a residential area until that carrier has demonstrated that there are no other options such as features, structures, or locations that can accommodate this wireless carrier’s cell tower.

**Suitable features/ structures include:

rooftops, water towers, hillsides or hilltops,
hotels, health facilities,
publicly owned properties
including State, Federal or City
facilities, Park Settings, and/or
the new commercial building by the promenade, etc.

** Consider

the southeast corner of Imjin and California Avenue. The hill provides height
and existing communication facilities are present. Plus retail is planned nearby.

Perhaps this location would help reception near Target.

* The proposed project site in Cypress Knolls is a low-lying area rendering this cell tower inefficient. Whereas, relocating to a higher elevation would produce better results in service.

Relocate this tower to a more efficient

industrial or a commercial zone.

* The City of Marina should consider preparing regulations pertaining to wireless communication facilities by developing standards and establishing ground rules for tower placement. Standards should address compatibility issues between locations of wireless infrastructure and existing lands uses, compatibility with community character, and height.
*

Plus it is
my

understanding a
monopine is more expensive to build.
* Sea Haven has poor cell reception and it has been mentioned that building the wireless 62 communication facility at Cypress Knolls will not help cell reception in either Sea Haven or along Highway 1. It negatively impacts Sea Haven and Cypress Knolls residents! * The City of Marina must regulate adequate Cell Service Infrastructure to guarantee Marina residents have 24/7 emergency access such as 911. Most residents no longer have hard wired phones.
*

One 90-foot Monopline visible for almost a mile
destroys our city's skyline
and serves
as an unintentional landmark.
*

Limit the height of this Wireless Communications Facility to maintain our City’s skyline(s) and ensure compatibility with our community’s character. Many Sea Haven Residents paid dearly for lots with views. Once this structure is built and is within their line of sight these residents will be most unhappy.

*
This cell tower is two to three times as tall as nearby buildings and trees found in Marina. There is still time to reduce the height of this cell tower’s height to make it compatible with trees and buildings existing within the City of Marina. *

There is no provision for the removal after its life cycle. * As per the American Cancer Society, cell towers increase the risk of health hazards such as headaches, memory loss, congenital disabilities, and cardiovascular stress. Many studies also suggest cell towers lead to cancer.
* * https://www.cancer.org/content/dam/CRC/PDF/Public/6645.00.pdf Does the City of Marina want an added potential for lawsuits based on negative health affects with a Residential

cell tower?
This is probably a valid reason why towers are located in commercial, industrial or expansive undeveloped rural areas.
* Home values will be degraded, and our home values provide tax base and revenues that fund

city operations.

* An artistic or appealing structure would ensure compatibility with our community’s character.
* Lack of Notice Requirements did not allow residents sufficient time to comment. * There is insufficient time for Concerned residents of Sea Haven to begin the 10-day appeal process.

Unfortunately, the City of Marina planners were not interested in hearing the opinions of Sea Haven Residents. Instead, our opinions and concerns were not valued, and our comments
were minimized and nullified. Why did the planners bring up this topic when our neighborhood will not even benefit with improved cell reception. The fact that we had the meeting implied the tower would help us.

Please help the Citizens of Marina by relocating this cell tower to a commercial or industrial area, to publicly owned properties including State, Federal or City facilities, or to the vast rural/open

spaces in Marina.

This is a very important project. I am a proponent for additional cell phone towers in Marina so that we all have better Cell Service. However, the carrier must demonstrate that no features or structures can accommodate this wireless carrier’s equipment prior to constructing this wireless communication tower in Cypress Knolls proposed residential area and the Sea Haven neighborhood.

As the City of Marina updates its Master Plan, please research all existing wireless telecommunication facility information. Please identify possible terrain data, and other related technical data to help with the best possible placement of future cell towers. This 63 information could then be used to design a Master Wireless Plan. This plan would be a useful tool showing where existing coverage gaps exist and could be used as a planning tool.

The City of Marina must plan with all residents in mind to help this City thrive.

Respectfully submitted.

Linda Vrabel
476 Hood Way Marina Ca 93933
64 From: Peter Vrabel
To: Bruce Delgado; Cristina Medina Dirksen; Liesbeth Visscher; [email protected]; Brian McCarthy; Alyson Hunter; Layne Long; Nick Mcilroy; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; John Richard; [email protected]
Subject: Cell tower at Cypress Knowles
Date: Sunday, June 4, 2023 10:48:44 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Before Lease is Finalized Consider Relocating 90 foot Cypress Knolls Cell Tower to Commercial, Industrial, or Publicly Owned Space

Peter Vrabel )
Dear City Officials, Planning Commissioners, and planning staff:

I understand AT&T’s request to permit a 90-foot Monopine cell tower equivalent to a six to seven story tall building, in Cypress Knolls recently passed with a vote of 4 for and 3 against.

Unfortunately, the Planning
Commission’s approval of the permit to install this
Wireless Communications Facility
was short sighted.

Please

take
action to relocate this
cell tower

to a better location before a lease agreement is signed.

A brief synopsis of
reasons to relocate this very important project follows.

* The decision to locate the cell tower in a Residential Zoned area will set a precedent, thus making it harder to keep

Wireless Communications Facilities
out of residential areas in the future.

Other nearby communities have
already done so.
* The carrier should not be allowed to build this tower in a residential area until that carrier has demonstrated that there are no other options such as features, structures, or locations that can accommodate this wireless carrier’s cell tower.

**Suitable features/ structures include

rooftops, water towers, hillsides or hilltops, tall buildings,

publicly
owned properties

including State, Federal or City facilities, Park Settings, New commercial building by the promenade will have many potential better options for locating cell towers. Having a tower on top of an existing structure will reduce the height needed for the actual tower unit to achieve the same result.

** Consider

the southeast corner of Imjin and California Avenue. The hill provides height

and existing
communication facilities are present. Plus retail is planned nearby. Perhaps this location would help reception in other poorly served areas such as the Target shopping area.

* The proposed project site in Cypress Knolls is a low-lying area rendering this cell tower less efficient. Whereas, relocating to a higher elevation would produce better results in service.

Relocate this tower to a more
safer

industrial or a commercial zone.

* The City of Marina should consider preparing regulations pertaining to wireless communication facilities by developing standards and establishing ground rules for tower placement.

Standards should address compatibility
issues between locations of wireless infrastructure and existing lands uses, compatibility with community character, and height.
*

It is my

understanding a

monopine tower is more expensive to build.
* Sea Haven has poor cell reception, and it has been mentioned that building the wireless communication facility at Cypress Knolls will not
help cell reception in either Sea Haven or along Highway 1. A small benefit for such a large tower
* The City of Marina must regulate adequate Cell Service Infrastructure to guarantee Marina residents have 24/7 emergency access such as 911. Most residents no longer have hard wired phones. *

One 90-foot Monopline visible for almost a mile

destroys our city's skyline

and serves as an unintentional
landmark.
*

Limit the height of this

Wireless Communications Facility

to maintain our City’s skyline(s) and ensure

compatibility
with our community’s character. Many Sea Haven Residents paid dearly for lots with views. Once this structure is built and is within their line of sight these residents will be most unhappy.

*
This cell tower is two to three times as tall as nearby buildings and trees found in Marina. There is still time to reduce the height of this cell tower’s height to make it compatible with trees and buildings existing within the City of Marina.
*

Does the city have the appropriate safety equipment for something this tall in the case of a fire or rescue? * As per the American Cancer Society, cell towers increase the risk of health hazards such as headaches, memory loss, congenital disabilities, and cardiovascular stress. Many studies also suggest cell towers lead to cancer. * * https://www.cancer.org/content/dam/CRC/PDF/Public/6645.00.pdf Does the City of Marina want an added potential for lawsuits based on negative health effects with a

Residential

cell tower?
This is probably a valid reason why towers are located in commercial, industrial or expansive undeveloped rural areas.
65 * Home values will be degraded, and our home values provide tax base and revenues that fund city operations. * An artistic or appealing structure would ensure compatibility with our community’s character. * Lack of Notice Requirements did not allow residents sufficient time to comment. * There is insufficient time for Concerned residents of Sea Haven to begin the 10-day appeal process.

Unfortunately, the City of Marina planners were not interested in hearing or acting on the opinions of Sea Haven Residents. Instead, our opinions and concerns were not valued, and our comments were minimized and nullified.

Why did the planners bring up this topic when our neighborhood will not even benefit from this project with improved cell reception. The fact that we had the meeting implied the tower would help us.

Please help the Citizens of Marina by relocating this cell tower to a safer site such as a commercial/industrial area.

There is abundant
publicly owned properties

including State, Federal or City facilities, or to the vast rural/open

spaces in and around Marina.

This is a very important project.

I am a proponent for additional cell phone towers in Marina so that we all have better Cell Service. However,
the carrier must demonstrate that no features or structures can accommodate this wireless carrier’s equipment prior to constructing this wireless communication tower in Cypress Knolls proposed residential area and the Sea Haven neighborhood.

As the City of Marina updates its Master Plan, please research all existing wireless telecommunication facility information. Please identify possible terrain data, and other related technical data to help with the best possible placement of future cell towers. This information could then be used to design a Master Wireless Plan. This plan would be a useful tool showing where existing coverage gaps exist and could be used as a planning tool.

The City of Marina must plan with all residents in mind to help this City thrive.

Respectfully submitted.

Peter Vrabel
476 Hood Way Marina Ca 93933

66 From: Viktoria Hill
To: Nick Mcilroy
Cc: Bruce Delgado; Cristina Medina Dirksen; Alyson Hunter; Brian McCarthy; Liesbeth Visscher; [email protected] Subject: Re: Wireless monopine tower in Marina petition Date: Tuesday, May 30, 2023 12:12:34 PM
Attachments: image.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hi Nick,
Please advise me on the process of calling up the decision to erect the wireless monopine tower on California and 3rd Avenues made on 5/25/2023.

My house located on 2991 Arido Way is directly affected by this decision and I have 56 supporters who spoke up through signing the petition. We all would like to take the city up on our right to appeal.

We are also speaking

to KION46 today to raise more awareness and voices.

I know we all want better wireless connection for Marina. Believe me I'm struggling with it in my house every day but I hope we can find a better solution and placement of this tower to not hurt the values of the homes located directly across the street from the current proposed location. I know you guys are doing a lot and have a good reasoning behind the proposed location but I do believe it's possible to find a location that will be suitable for all of us especially considering the development of Cypress

Knolls you have in
plans. This location will affect that development as well but at least those folks would be aware of the tower. When we were buying our house, we had no idea that this was going to happen and it's just not fair.

Being in real estate for over a decade, I had many experiences where buyers would not even want to see a house inside once they spot a wireless tower nearby. See this article
to support my opinion.

Moreover we encourage the City of Marina to take the City of Monterey as an example and input some regulations on wireless towers. The City of Monterey was passing the ordinance to restrict the placement of these towers in the residential areas. Can we do the same in Marina? I don't think we have any policies in place on this.

I know you guys have a lot on your plate and I know you are great at listening to your citizens and voters so I really hope that it will be the case with this tower.

Viktoria Hill
Real Estate Agent
DRE #01889081
67 Cell: 415-368-2596
Email: [email protected]
See my 5-star reviews
On Fri, May 26, 2023 at 2:50 PM Viktoria Hill <[email protected]> wrote:

Hi Nick,
I along with many other residents residing near California and 3rd Avenues in Marina (19 of them emailed you about their concerns

separately) are highly disappointed with your decision to move forward with erecting the monopine cell tower at the corner of California and 3rd.

As previously stated:

1. The residents feel that their opinions are completely

disregarded. Most of us heard about this project for the first time on 5/18/2023. We were not asked for an opinion, we were simply informed that the tower will go up. Is this how residents are treated in Marina? Still getting used to it I guess.

2. The residents have concerns

about health issues with the tower being erected so close to the residential area. I know there are a lot of studies suggesting that it's completely safe and I'm sure we get more harm from using our cell phones than these towers but the health concern

is still there and there are studies suggesting opposite or invalidity of the studies claiming it's safe based on the length of these studies.

3. The residents are concerned with aesthetics and home values being affected by this tower. Being in real estate, I know from first hand that there are many buyers who won't even go to see a house inside if they see any poles or wireless structures near that house.

I would not purchase our house in Sea Haven on Arido Way if I knew there would be a cell tower across the street.

4. The residents feel highly disappointed how the City handled these concerns and decided to move forward with this project anyways while neighbouring towns fight back for their residents - see this video on Monterey City council proposing an ordinance for these cell towers within the city limits to be placed in commercial areas.

We did contact Kion46 ourselves to see if we can raise awareness

about this project and are waiting to hear back.

We also started a petition last night and got 38 people to sign it already.

We are still hopeful that the City will reconsider the location of this tower and hear our voices.

Viktoria Hill
Real Estate Agent
DRE #01889081
Cell: 415-368-2596
Email:

[email protected]
See my 5-star reviews
On Wed, May 24, 2023 at 3:17 PM Nick Mcilroy <[email protected]> wrote:

Thank you for your question. If you would like to speak on the proposed wireless facility project it is scheduled for a public hearing tomorrow at 6:30 PM. The meeting will be in the Council Chambers located at 211 Hillcrest Ave, Marina, CA and will be accessible via Zoom:
68 Zoom Meeting URL: HTTPS://US02WEB.ZOOM.US/J/84287578704 Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 842 8757 8704

Sincerely,

Nick McIlroy
Interim Senior Planner

City of Marina
211 Hillcrest Ave
Marina, CA

93933

Direct: 831-884-1217
Office:

831-884-1220
Fax:

831-384-0425

From:

Viktoria Hill <[email protected]>
Sent: Wednesday, May 24, 2023 9:30 AM
To: Nick Mcilroy <[email protected]>
Subject: Re: Wireless monopine tower in Marina petition

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Thanks so much Nick!

Would it be possible to have another meeting with the Sea Haven residents to discuss this?

Viktoria Hill
Real Estate Agent
69 DRE #01889081
Cell: 415-368-2596
Email:

[email protected]

See my 5-star reviews

On Mon, May 22, 2023 at 8:32
AM Nick Mcilroy <[email protected]> wrote:

Good morning Viktoria,

We’ve received your correspondence and will include it in the packet.

Best regards,

Nick McIlroy
Interim Senior Planner

City of Marina
211 Hillcrest Ave
Marina, CA

93933

Direct: 831-884-1217
Office:

831-884-1220
Fax:

831-384-0425

From:

Viktoria Hill <[email protected]>
Sent: Friday, May 19, 2023 7:21 PM
To: Nick Mcilroy <[email protected]>
Subject: Wireless monopine tower in Marina petition

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 70 Hi Nicholas,

Thank you so much for your time on sharing Marina plans

with the Sea Haven neighbors at the Cove last night.

Much

appreciated!

I'm writing to express my concern

From my real estate professional experience, it may also affect the values

of the homes close to it including my own. I wish I
was aware of the fact that there will be this tower close to my house when I was buying it. Not sure whether the city had any other meetings with the citizens prior to yesterday's one discussing the location of this tower.

I'm highly opposed to the proposed location and kindly ask you to reconsider it.

Viktoria Hill
Real Estate Agent
DRE #01889081
Cell: 415-368-2596
Email:

[email protected]

See my 5-star reviews

71 From: Viktoria Hill
To: Nick Mcilroy
Cc: Bruce Delgado; Cristina Medina Dirksen; Alyson Hunter Subject: Re: Wireless monopine tower in Marina petition Date: Friday, May 26, 2023 2:50:33 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hi Nick,
I along with many other residents residing near California and 3rd Avenues in Marina (19 of them emailed you about their concerns

separately) are highly disappointed with your decision
to move forward with erecting the monopine cell tower at the corner of California and 3rd.

As previously stated:

1. The residents feel that their opinions are completely

disregarded. Most of us heard about
this project for the first time on 5/18/2023. We were not asked for an opinion, we were simply informed that the tower will go up. Is this how residents are treated in Marina? Still getting used to it I guess.

2. The residents have concerns

is
still there and there are studies suggesting opposite or invalidity of the studies claiming it's safe based on the length of these studies.

3. The residents are concerned with aesthetics and home values being affected by this tower.

Being in real estate, I know from first hand that there are many buyers who won't even go to see a house inside if they see any poles or wireless structures near that house. I would not purchase our house in Sea Haven on Arido Way if I knew there would be a cell tower across the street.

4. The residents feel highly disappointed how the City handled these concerns and decided to move forward with this project anyways while neighbouring towns fight back for their residents - see
this video on Monterey City council proposing an ordinance for these cell towers within the city limits to be placed in commercial areas.

We did contact Kion46 ourselves to see if we can raise awareness

about this project and are
waiting to hear back.

We also started a petition last night and got 38 people to sign it already.

We are still hopeful that the City will reconsider the location of this tower and hear our voices.
72 Viktoria Hill
Real Estate Agent
DRE #01889081
Cell: 415-368-2596
Email:

[email protected]
See my 5-star reviews
On Wed, May 24, 2023 at 3:17 PM Nick Mcilroy <[email protected]> wrote:

Zoom Meeting URL:

HTTPS://US02WEB.ZOOM.US/J/84287578704
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 842 8757 8704

Sincerely,

Nick McIlroy
Interim Senior Planner

City of Marina
211 Hillcrest Ave
Marina, CA

93933

Direct: 831-884-1217
Office:

831-884-1220
73 Fax: 831-384-0425

From:

Viktoria Hill <[email protected]>
Sent: Wednesday, May 24, 2023 9:30 AM
To: Nick Mcilroy <[email protected]>
Subject: Re: Wireless monopine tower in Marina petition

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Thanks so much Nick!

Would it be possible to have another meeting with the Sea Haven residents to discuss this?

Viktoria Hill
Real Estate Agent
DRE #01889081
Cell: 415-368-2596
Email:

[email protected]
74 See my 5-star reviews

On Mon, May 22, 2023 at 8:32
AM Nick Mcilroy <[email protected]> wrote:

Good morning Viktoria,

We’ve received your correspondence and will include it in the packet.

Best regards,

Nick McIlroy
Interim Senior Planner

City of Marina
211 Hillcrest Ave
Marina, CA

93933

Direct: 831-884-1217
Office:

831-884-1220
Fax:

831-384-0425

75 From:

Viktoria Hill <[email protected]>
Sent: Friday, May 19, 2023 7:21 PM
To: Nick Mcilroy <[email protected]>
Subject: Wireless monopine tower in Marina petition

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hi Nicholas,

Thank you so much for your time on sharing Marina plans

with the Sea Haven neighbors
at the Cove last night. Much

appreciated!

I'm writing to express my concern

on the proposed wireless monopine tower location. I
know you mentioned that it's safe for health and yet you said that it would affect the wildlife if placed further in the Cypress Knolls area. It sounds contradictory.

From my real estate professional experience, it may also affect the values

of the homes
close to it including my own. I wish I was aware of the fact that there will be this tower close to my house when I was buying it. Not sure whether the city had any other meetings with the citizens prior to yesterday's one discussing the location of this tower.

I'm highly opposed to the proposed location and kindly ask you to reconsider it.

Viktoria Hill
Real Estate Agent
76 DRE #01889081
Cell: 415-368-2596
Email:

[email protected]

See my 5-star reviews

77 30919\002\1637327.1: 11323CA Land Lease Agreement 05.18.2018 229452.7

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 period 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
78 30919\002\1637327.1: 113232
CA Land Lease Agreement

(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 Landlord 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 sole 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 pa y Landlord’s Revenue Share to

EXHIBIT B
79 30919\002\1637327.1: 113233
CA Land Lease Agreement

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 u se 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 written 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 of this Agreement, including the following:

Section 5 Approvals, Section 6(a) Termination, Section 6(b) Termination, Sec tion 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
80 30919\002\1637327.1: 113234
CA Land Lease Agreement

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 frequency 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 noti fy 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, service, 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 inter fere 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 employee s, 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
81 30919\002\1637327.1: 113235
CA Land Lease Agreement

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 Property 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 respondin g 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 ho ld 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 specifically 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
82 30919\002\1637327.1: 113236
CA Land Lease Agreement

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 of 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 any 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 wil l 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 on 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 remit 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
83 30919\002\1637327.1: 113237
CA Land Lease Agreement

(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, from 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 companies 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 Landlord 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 withi n 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 dilige nce. 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 due 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 Agreement. 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
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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 casualty 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. Upon such te rmination, 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 facilities 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

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rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (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 abate d 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 a ny 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 assessments 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 stock, 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 notices 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 an d requests reimbursement from Tenant as set forth below, 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 writt en 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 j urisdiction, 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 institute 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.

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(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) Notwithstanding 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, La ndlord shall promptly notify Tenant in writing, 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) da ys of such transfer, Landlord or its successor 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, either 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.

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(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 Facility 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 agreement 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, repr esentatives, 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 Agreement 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 “includ ing” 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 t he 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 Agreement will become effective as a binding Agreement only u pon 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 the same agreement and shall b ecome

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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 Agreement 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 party, 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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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]

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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)

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)

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229452.7
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.

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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

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EXHIBIT 12

STANDARD ACCESS LETTER

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229452.7
{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

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EXHIBIT 23(b)

MEMORANDUM OF LEASE

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229452.7

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 initial 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 confl ict 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]

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229452.7

TENANT ACKNOWLEDGMENT

State of California
County of )

On ________________________________ before me, ________________________________________ (insert name and title of the officer)

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)

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)

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229452.7
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:

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W-9 FORM

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100

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EXHIBIT B
101

Marina City CouncilSeptember 19, 2023

Marina City Council
September 19, 2023