Agenda — Marina City Council, May 21, 2024 (part 1 of 2)

AGENDA

Tuesday, May 21, 2024 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 communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments 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 website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting.

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

Agenda for City Council Meeting of Tuesday, May 21, 2024 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 built 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

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) Jennifer McAdams, Brian McCarthy, Kathy Biala, Mayor Pro-Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

4. CLOSED SESSION:
a. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Tarmac Area, 3200 Imjin Road, Marina, CA
Negotiating Party: Joby Aero Inc
Negotiator(s): City Manager
Terms: Price and Terms
ii. Property: Commercial Property at Southwest corner of Del Monte Blvd and Palm Ave. (APN: 031-303-038 a portion)
Negotiating Party: Dave Howell
Negotiator(s): City Manager
Terms: Price and Terms
iii. Property: 306 Reservation Road, Unit 6, Marina, CA 93933 (APN 032-173-006-000) Negotiating Party: Christian Haun (Realtor)/John Lawson (owner of the property)
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

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

6. SPECIAL PRESENTATIONS:
a. County Housing Element Opportunity Sites Presentation.

7. COUNCIL AND STAFF ANNOUNCEMENTS:

Agenda for City Council Meeting of Tuesday, May 21, 2024 Page 3

8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appropriate place to comment on items on the Consent Agenda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to 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 Council in advance of the meeting, to provide adequate time for its consideration.

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

10. CONSENT AGENDA: These items are considered to be routine and non -controversial.

All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 104495-104559, totaling $1,245,577.99.

Accounts Payable Successor Agency Check Number 124, totaling $3,000.00. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) May 7, 2024, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: None
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024 -, authorizing the City Manager, or his designee to enter into a standard voluntary agreement with the California Department of Toxic Substance Control and pay associated fees and approving advertising and call for bids for the city of marina buildings blight removal 2024 project.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
Agenda for City Council Meeting of Tuesday, May 21, 2024 Page 4

l. APPROVE ORDINANCES (WAIVE SECOND READING):
m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
a. Council o pen a public hearing and consider adopting Resolution No. 2024 -, confirming diagram, assessment and ordering levy of $ 180.78 for FY 2024-25 assessment for Cypress Cove II Landscape Maintenance Assessment District; and authorize City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor -Controller prior to August 1, 202 4. (Not a Project under CEQA per Article 20, Section 15378)
b. Council o pen a public hearing and consider adopting Resolution No. 2024 -, Confirming diagram, assessment and ordering levy of $182.42 for FY 2024 - 25 assessment for Seabreeze Landscape Maintenance Assessment District; and authorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor -Controller prior to August 1, 2024. (Not a Project under CEQA per Article 20, Section 15378) c. Council o pen a public hearing and consider adopting Resolution No. 2024 -, Confirming diagram, assessment and ordering levy of $ 77.14 for FY 2024-25 assessment for Monterey Bay Estates Lighting & Landscape Maintenance Assessment District; and authorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor -Controller prior to August 1, 2024. (Not a Project under CEQA per Article 20, Section 15378) d. City Council to consider an Appeal of the Planning Commission’s April 11, 2024, approval of Coastal Development Permit (CDP 23 -0004) for the Monterey-Salinas Transit (MST) SURF! Busway and Rapid Transit (BRT) project. The Appeal is limited to the 0.37 -acre portion of the TAMC right -of- way located in the City’s Coastal permitting jurisdiction. The project is statutorily exempt from CEQA under SB 922, PRC § 21080.25(b). e. City Council open public hearing and consider introduction of Ordinance No. 2024-, modifying Title 17 (Zoning Ordinance) to implement Program 7.1 of the Housing Element. This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. 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: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).

Agenda for City Council Meeting of Tuesday, May 21, 2024 Page 5

a. Adopting Resolution No. 2024 -, amending the rate adjustment calculation of the franchise agreement with Green Waste Recovery utilizing a sector specific uniform percentage adjustment and approving maximum rates to be charged by Green Waste Recovery effective July 1, 2024, for collection of franchised solid waste, recycling, and organics. (Not a Project under CEQA per Article 20, Section 15378)

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

15. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, May 17, 2024.

___________________________________

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

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

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

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

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language interpreters, readers, large 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.

Agenda for City Council Meeting of Tuesday, May 21, 2024 Page 6

U p c o m i n g 202 4 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 o m 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 o n , P r e s t o n P a r 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 m e n t A g e n c y a n d M a r i n a G r 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 e e t i n g s : 5 : 0 0 p . m . C l o s e d S e s s i o n ; 6 : 3 0 p . m . R e g u l a r O p e n S e s s i o n s Tuesday, June 4, 2024
Tuesday, June 18, 2024
Tuesday, October 1, 2024
Tuesday, October 15, 2024

Tuesday, July 2, 2024
Tuesday, July 16, 2024 (Cancelled)

**Wednesday, August 7, 2023
Tuesday, August 20, 2024 (Cancelled)

***Wednesday, November 6, 2024
Tuesday, November 19, 2024

Tuesday, December 3, 2024
Tuesday, December 17, 2024
* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out *** Regular Meeting rescheduled due to General Election Day

C I T Y H A L L 202 4 H O L I D A Y S
(City Hall Closed)

Memorial Day ------------------------------------------------------------- Monday, May 27, 2024 Independence Day (City Offices Closed) ------------------------------ Thursday, July 4, 2024 Labor Day ------------------------------------------------------------ Monday, September 2, 2024 Veterans Day (City Offices Closed) ----------------------------- Monday, November 11, 2024 Thanksgiving Day ------------------------------------------------- Thursday, November 28, 2024 Thanksgiving Break -------------------------------------------------- Friday, November 29, 2024 Winter Break ---------------------- Tuesday, December 24, 2024-Friday, December 31, 2024

2024 COMMISSION DATES

U p c o m i n g 2024 M e e t i n g s o f P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

May 23, 2024 August 8, 2024
August 22, 2024
October 10, 2024
October 24, 2024
June 13, 2024
June 27, 2024
September 12, 2024
September 26, 2024
November 14, 2024
November 28, 2024 (Cancelled)
July 11, 2024
July 25, 2024
December 12,2 024

Agenda for City Council Meeting of Tuesday, May 21, 2024 Page 7

U p c o m i n g 2024 M e e t i n g s o f P u b l i c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

June 20, 2024 August 15, 2024 October 17, 2024
July 18, 2024 September 19, 2024 November 21, 2024
December 19, 2024

U p c o m i n g 2024 M e e t i n g s o f R e c r e a t i o n & C u l t u r a l S e r v i c e s C o m m i s s i o n
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.

June 5, 2024 September 11, 2024 December 4, 2024

U p c o m i n g 2024 M e e t i n g s o f M a r i n a T r e e C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.

July 13, 2024 October 12, 2024

COUNTY OF MONTEREY
HOUSING ELEMENT DRAFT 6 TH CYCLE
UPDATE
City Council – Marina, CA – May 21, 2024
Agenda Item: 6a

REGIONAL HOUSING NEEDS ALLOCATION (RHNA)
CA HCD AMBAG = 33,274
Monterey County
= 3,326
COUNTY OF MONTEREY 6 TH CYCLE RHNA
Minimum Maximum
Extremely Low/Very Low 0‐50% $0 $60,200 1,070 32%
Low 50‐80% $60,200 $96,350 700 21%
Moderate 80‐120% $96,350 $120,500 420 13%
Above Moderate 120%+ $120,500 ‐‐ 1,136 34%
Total 3,326 100%
2023 CA HCD Income Limits, Monterey County, AMI = $100,400 % of TotalRHNAIncome Range % MedianIncome Category
4 SITE SELECTION METHODOLOGY
Selected Sites
Community
Planning
Areas and
Rural
Centers
High
Resource
Area /Fair
Housing
Competitive
for
affordable
housing
funding
Developer Interest/Affordable Housing Overlay (AHO)
Area, Community Planning Areas and Rural Centers?
Potential competitive score for state funding?
High resource area close to amenities (schools,
parks, transit, stores, hospitals, etc.)?
Geotechnical, high flood, and/or extreme fire risk?
Fair Housing Considerations
Analysis of all sites in County.

VLI LI Mod. Above
Mod. Total
RHNA 1,070 700 420 1,136 3,326
20% Buffer2 214 140 84 227 438
1,284 840 504 1,363 3,764
Entitled or Proposed Projects 107 91 205 116 519
Accessory Dwelling Unit Potential 0 9 0 261 270
Subtotal 107 100 205 377 789
Net RHNA w/ Buffer (after credits are applied) 1,177 740 299 986 2,975 North County Inland Area Plan 345 272 186 1,101 1,904
Carmel Valley Master Plan 263 208 187 1,878 2,536
Greater Monterey Peninsula Area Plan 190 184 218 1,843 2,435 Greater Salinas Valley Area Plan 56 56 75 683 870
Fort Ord Master Plan|Toro Area Plan 314 266 182 709 1,471 Central Salinas Valley Area Plan 15 15 19 128 177
Carmel LUP 34 22 2 17 75
Subtotal (Net New) 1,217 1,023 869 6,359 9,468
Total (Credits & Site Inventory) 1,324 1,123 1,074 6,736 10,257 Surplus/(Shortfall) 254 423 654 5,600 6,931
No Net Loss Buffer Surplus/(Shortfall), as a
percent of RHNA 24% 60% 156%
Units by Income Level
Alternative Methods to Meet the RHNA (Credits)
Determination of Opportunity Sites (Utilizing Zone Changes and Capacity Site Capacity Determination

GREATER MONTEREY PENINSULA AP FORT ORD MASTER PLAN AREA

CITY OF MARINA
COUNTY

8 NEXT STEPS TO HCD SUBMITTAL
Submit 1st Draft
HEU to HCD –

06.2024
1st Draft HEU for
Board
Consideration –

06.04.24 Health Housing &
Human Services +
Housing Advisory
Cmte
Consideration –

05.20.24 1st Draft HEU for
PC Consideration
– 05.15.24
30 Day Public
Review of Draft –
in process
through 06.06.24
THANK YOU!
Email | [email protected]
Phone (English) | Jaime Scott Guthrie, AICP , Senior Planner ‐ 831.796.6414
Phone (Español) | Edgar Sanchez, Assistant Planner ‐
831.783.7058
Visit: www.countyofmonterey.gov/GeneralPlanUpdates
9 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.465 - Prof Svc Legal - Special Counsel
11033 - Sara Steck Myers 05-03-24 Professional Services - MPWSP - April 2024
Paid by EFT #
4599
05/03/2024 05/06/2024 05/06/2024 05/10/2024 34,200.00
Account 6300.465 - Prof Svc Legal - Special Counsel Totals Invoice Transactions 1 $34,200.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $34,200.00 Division 000 - Non-Div Totals Invoice Transactions 1 $34,200.00 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 1 $34,200.00 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 11770 IT Support - April 2024 Paid by EFT # 4600
04/30/2024 05/01/2024 05/01/2024 05/10/2024 9,120.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $9,120.00 Account 6360.076 - Maint & Repairs Copier
10592 - U.S. Bank Equipment Finance-
USbancorp
527990543 CDD Copier Lease
Payment - May 2024
Paid by Check
# 104511
04/29/2024 05/06/2024 05/06/2024 05/10/2024 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-0065 Computer Network Defense - May 2024
Paid by Check
# 104510
05/01/2024 05/01/2024 05/01/2024 05/10/2024 2,750.00
10905 - Taygeta Scientific, Inc. 000708-R-0038 Barracuda Spam Firewall - May 2024
Paid by Check
# 104510
05/01/2024 05/01/2024 05/01/2024 05/10/2024 475.80
10897 - TechRx Technology Services 11794 Veeam Subscription - May 2024
Paid by EFT #
4600
05/01/2024 05/01/2024 05/01/2024 05/10/2024 385.00
10897 - TechRx Technology Services 11782 Ninite Subscription - May 2024
Paid by EFT #
4600
05/01/2024 05/01/2024 05/01/2024 05/10/2024 112.50
10897 - TechRx Technology Services 11776 Amazon Glacier - May 2024
Paid by EFT #
4600
05/01/2024 05/01/2024 05/01/2024 05/10/2024 380.00
10897 - TechRx Technology Services 11791 Veeam 0365 Backup - May 2024
Paid by EFT #
4600
05/01/2024 05/01/2024 05/01/2024 05/10/2024 380.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 6 $4,483.30 Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services 11789 Citywide MS Office 365 - May 2024
Paid by EFT #
4600
05/01/2024 05/01/2024 05/01/2024 05/10/2024 2,470.40
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade Totals Invoice Transactions 1 $2,470.40 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $16,290.02 Division 000 - Non-Div Totals Invoice Transactions 9 $16,290.02 Department 125 - I. T. Totals Invoice Transactions 9 $16,290.02 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 1 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
Agenda Item: 10a
1 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 24-09 Service 4/22-5/2/2024 Paid by EFT # 4598
05/03/2024 05/07/2024 05/07/2024 05/10/2024 1,805.00
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $1,805.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $1,805.00 Division 000 - Non-Div Totals Invoice Transactions 1 $1,805.00 Department 130 - Finance Totals Invoice Transactions 1 $1,805.00 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberaer LLP 285989 City Attorney Services - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 27,001.41
11964 - Shute Mihaly & Weinberaer LLP 285995 Planning
Commission/Developm
ent - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 19,517.45
11964 - Shute Mihaly & Weinberaer LLP 285990 Land Acquisition for Salinas Ave Expansion -
March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 693.00
11964 - Shute Mihaly & Weinberaer LLP 285992 City Manager - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 3,692.74
11964 - Shute Mihaly & Weinberaer LLP 285993 Human Resources and Risk - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 1,518.69
11964 - Shute Mihaly & Weinberaer LLP 285994 Finance - March 2024 Paid by Check # 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 1,254.00
11964 - Shute Mihaly & Weinberaer LLP 285996 Parks - March 2024 Paid by Check # 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 2,178.00
11964 - Shute Mihaly & Weinberaer LLP 285997 Police Department - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 759.00
11964 - Shute Mihaly & Weinberaer LLP 285998 Public Works - March 2024
Paid by Check
# 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 4,554.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 9 $61,168.29 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $61,168.29 Division 000 - Non-Div Totals Invoice Transactions 9 $61,168.29 Department 150 - City Attorney Totals Invoice Transactions 9 $61,168.29 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 2 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
2 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.500 - Medical Vision
10607 - Vision Service Plan 05-01-24. VSP Adjustment
(05/2024)
Paid by Check
# 104512
05/01/2024 05/01/2024 05/01/2024 05/10/2024 33.34
Account 6150.500 - Medical Vision Totals Invoice Transactions 1 $33.34 Account 6300.217 - Prof Svc Fin - Business Lic Services 10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN035043 Dec 2023 BL Admin
Fee
Paid by EFT #
4593
12/31/2023 05/06/2024 05/06/2024 05/10/2024 4,417.82
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN037795 March 2024 BL Admin
Fee
Paid by EFT #
4593
03/31/2024 05/06/2024 05/06/2024 05/10/2024 574.80
Account 6300.217 - Prof Svc Fin - Business Lic Services Totals Invoice Transactions 2 $4,992.62 Account 6300.570 - Prof Svc Other
11710 - HdL Coren & Cone SIN038152 Contract Services
Property Tax 04/24-
06/24
Paid by EFT #
4592
04/25/2024 05/06/2024 05/06/2024 05/10/2024 2,204.78
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN037796 MARCH 2024 - HDL
TOT
Paid by EFT #
4593
03/31/2024 05/03/2024 05/03/2024 05/10/2024 2,055.31
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN035044 DEC 2023 - HDL TOT Paid by EFT #
4593
12/31/2023 05/06/2024 05/06/2024 05/10/2024 2,018.67
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $6,278.76 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 21616369 CALNET3-9391023466
(384-8477)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 56.49
10758 - AT & T CALNET3 21614262 CALNET3-9391023471
(582-0100)
Paid by Check
# 104497
04/27/2024 05/06/2024 05/06/2024 05/10/2024 60.54
10758 - AT & T CALNET3 21614268 CALNET3-9391023477
(582-9803)
Paid by Check
# 104497
04/27/2024 05/06/2024 05/06/2024 05/10/2024 29.03
10758 - AT & T CALNET3 21616338 CALNET3-9391023437
(384-0425)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 57.75
10758 - AT & T CALNET3 21616366 CALNET3-9391023463
(384-7854)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 29.02
10758 - AT & T CALNET3 21616341 CALNET3-9391023440
(384-0860)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 29.09
10758 - AT & T CALNET3 21616371 CALNET3-9391023468
(384-9148)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 29.04
10758 - AT & T CALNET3 21616342 CALNET3-9391023441
(384-0888)
Paid by Check
# 104497
04/28/2024 05/06/2024 05/06/2024 05/10/2024 29.02
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 8 $319.98 Account 6400.635 - Material & Suppl Postage Shipping
10509 - Reserve Account - Pitney Bowes 05-06-24 Postage Meter Refill Paid by Check # 104508
05/06/2024 05/06/2024 05/06/2024 05/10/2024 1,500.00
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $1,500.00 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 3 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
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 Totals Invoice Transactions 15 $13,124.70 Division 000 - Non-Div Totals Invoice Transactions 15 $13,124.70 Department 190 - Citywide Non-Dept Totals Invoice Transactions 15 $13,124.70 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.485 - Other Charges Medical Svc - Investigations 10412 - Monterey County District Attorney 04-23-24 FY 2022/2023 BAC - Marina
Paid by Check
# 104505
04/23/2024 05/06/2024 05/06/2024 05/10/2024 3,459.86
Account 6600.485 - Other Charges Medical Svc - Investigations Totals Invoice Transactions 1 $3,459.86 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,459.86 Division 000 - Non-Div Totals Invoice Transactions 1 $3,459.86 Department 210 - Police Totals Invoice Transactions 1 $3,459.86 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
11739 - IntelliSite, LLC/EPIC iO
Technologies, Inc.
4613 Renewal NetCloud
Mobile Essentials Plan
Paid by EFT #
4594
04/01/2024 05/03/2024 05/03/2024 05/10/2024 1,955.52
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $1,955.52 Account 6600.340 - Other Charges Insur - Liability
10439 - Myers Stevens & Toohey Co 1420793 Insurance Coverage for Reserve Firefightrers
Paid by Check
# 104506
04/24/2024 05/01/2024 05/01/2024 05/10/2024 1,825.00
Account 6600.340 - Other Charges Insur - Liability Totals Invoice Transactions 1 $1,825.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $3,780.52 Division 000 - Non-Div Totals Invoice Transactions 2 $3,780.52 Department 250 - Fire Totals Invoice Transactions 2 $3,780.52 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056100
043024
9th Street (Irrigation)
Parcels L&M
Paid by Check
# 104503
04/30/2024 05/02/2024 05/02/2024 05/10/2024 177.74
10349 - Marina Coast Water District 00056102
043024
9th St & 4th Ave Paid by Check
# 104503
04/30/2024 05/02/2024 05/02/2024 05/10/2024 68.76
10349 - Marina Coast Water District 000056098
050324
3254 Abdy Way (Tate
Park-Building)
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 52.60
10349 - Marina Coast Water District 000056087
050324
Crescent Ave/Costa Del
Mar Irrigation
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 28.34
10349 - Marina Coast Water District 000056034
050324
3240 De Forest Road Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 598.85
Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 4 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
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 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056011
050324
3254 Abdy Way (Tate
Park-Irrigation)
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 1,039.58
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 6 $1,965.87 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $1,965.87 Division 311 - Buildings & Grounds Totals Invoice Transactions 6 $1,965.87 Department 310 - Public Works Totals Invoice Transactions 6 $1,965.87 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11984 - Duffy Group, Inc COM-006 Public Works Director Paid by Check # 104501
05/03/2024 05/06/2024 05/06/2024 05/10/2024 7,537.50
10508 - Regional Government Services 15799 Superintendent Services
Paid by EFT #
4597
09/30/2023 05/02/2024 05/02/2024 05/10/2024 570.00
10508 - Regional Government Services 15958 Superintendent Services
Paid by EFT #
4597
10/31/2023 05/02/2024 05/02/2024 05/10/2024 2,180.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $10,287.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $10,287.50 Division 000 - Non-Div Totals Invoice Transactions 3 $10,287.50 Department 420 - Engineering Totals Invoice Transactions 3 $10,287.50 Department 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.630 - Other Charges Promotional Activities 11620 - Certified Folder Display Service,
Inc.
610963 Restaurant Guide
Disbursement - June
2024
Paid by EFT #
4590
05/01/2024 05/06/2024 05/06/2024 05/10/2024 385.10
Account 6600.630 - Other Charges Promotional Activities Totals Invoice Transactions 1 $385.10 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $385.10 Division 000 - Non-Div Totals Invoice Transactions 1 $385.10 Department 440 - Economic Dev Totals Invoice Transactions 1 $385.10 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 5 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
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 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228755 Custodial Services for April 2024
Paid by EFT #
4589
04/25/2024 05/03/2024 05/03/2024 05/10/2024 797.39
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $797.39 Account 6380.150 - Utilities Comm Phone System
10603 - Verizon Wireless 9961893337 Rec Dept Cell Phones Paid by EFT # 4602
04/17/2024 05/03/2024 05/03/2024 05/10/2024 259.80
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 1 $259.80 Account 6400.652 - Material & Suppl Recr Special Progr / Events 10581 - Trucksis Enterprises 13725 banners Paid by EFT # 4601
04/25/2024 05/03/2024 05/03/2024 05/10/2024 449.02
10581 - Trucksis Enterprises 13730 banners Paid by EFT # 4601
05/01/2024 05/03/2024 05/03/2024 05/10/2024 459.02
Account 6400.652 - Material & Suppl Recr Special Progr / Events Totals Invoice Transactions 2 $908.04 Account 6400.740 - Material & Suppl Special Dept Suppl
10581 - Trucksis Enterprises 13710 Recreation Event Tent Paid by EFT # 4601
04/12/2024 05/03/2024 05/03/2024 05/10/2024 2,810.02
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $2,810.02 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $4,775.25 Division 100 - Admin Totals Invoice Transactions 5 $4,775.25 Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228755 Custodial Services for April 2024
Paid by EFT #
4589
04/25/2024 05/03/2024 05/03/2024 05/10/2024 370.19
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $370.19 Account 6400.660 - Material & Suppl Recr Youth Progr
10726 - Ace Hardware-Parks&Recreation 087837 Account 107 Paid by Check # 104495
03/17/2024 05/03/2024 05/03/2024 05/10/2024 22.87
11990 - Monterey Bay Parent LLC 2024-3340 Advertisement Paid by Check # 104504
04/29/2024 05/03/2024 05/03/2024 05/10/2024 100.00
Account 6400.660 - Material & Suppl Recr Youth Progr Totals Invoice Transactions 2 $122.87 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $493.06 Division 511 - Youth Totals Invoice Transactions 3 $493.06 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 6 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
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 510 - Recreation & Culture
Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228755 Custodial Services for April 2024
Paid by EFT #
4589
04/25/2024 05/03/2024 05/03/2024 05/10/2024 521.70
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $521.70 Account 6400.658 - Material & Suppl Recr Teen Progr
10726 - Ace Hardware-Parks&Recreation 087823 Account 107 Paid by Check # 104495
03/15/2024 05/03/2024 05/03/2024 05/10/2024 196.63
Account 6400.658 - Material & Suppl Recr Teen Progr Totals Invoice Transactions 1 $196.63 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $718.33 Division 512 - Teen Totals Invoice Transactions 2 $718.33 Division 513 - Senior
Sub-Division 00 - Non-Subdiv
Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228755 Custodial Services for April 2024
Paid by EFT #
4589
04/25/2024 05/03/2024 05/03/2024 05/10/2024 370.19
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $370.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $370.19 Division 513 - Senior Totals Invoice Transactions 1 $370.19 Department 510 - Recreation & Culture Totals Invoice Transactions 11 $6,356.83 Fund 100 - General Fund Totals Invoice Transactions 59 $152,823.69 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 7 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
7 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 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056095
043024
2nd Ave Paid by Check
# 104503
04/30/2024 05/02/2024 05/02/2024 05/10/2024 177.74
10349 - Marina Coast Water District 000056084
050324
Crescent/Shuler/Irrigati
on
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 28.34
10349 - Marina Coast Water District 000056085
050324
Crescent/Whitney
Irrigation
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 28.34
10349 - Marina Coast Water District 000056032
050324
Crescent Ave/Costa Del
Mar East Side
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 62.91
10349 - Marina Coast Water District 000056008
050324
Reservation & Del
Monte
Paid by Check
# 104503
05/03/2024 05/02/2024 05/02/2024 05/10/2024 28.34
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 5 $325.67 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10233 - Fastenal Company CASAL164981 XL Black Gloves Paid by EFT # 4591
05/01/2024 05/02/2024 05/02/2024 05/10/2024 259.15
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $259.15 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $584.82 Division 000 - Non-Div Totals Invoice Transactions 6 $584.82 Department 000 - Non-Dept Totals Invoice Transactions 6 $584.82 Fund 220 - Gas Tax Totals Invoice Transactions 6 $584.82 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 8 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11762 - Raimi + Associates, Inc 24-6341 Marina GPU March 2024
Paid by EFT #
4596
05/02/2024 05/02/2024 05/02/2024 05/10/2024 25,639.34
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $25,639.34 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $25,639.34 Division 000 - Non-Div Totals Invoice Transactions 1 $25,639.34 Department 000 - Non-Dept Totals Invoice Transactions 1 $25,639.34 Fund 462 - City Capital Projects Totals Invoice Transactions 1 $25,639.34 Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 9 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
9 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 11964 - Shute Mihaly & Weinberaer LLP 285991 Airport - March 2024 Paid by Check # 104509
04/29/2024 05/02/2024 05/02/2024 05/10/2024 4,158.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $4,158.00 Account 6360.050 - Maint & Repairs Building
10728 - Ace Hardware-Public Works 088102 Paint supplies for office Paid by Check # 104496
04/19/2024 04/26/2024 04/23/2024 05/10/2024 98.30
10728 - Ace Hardware-Public Works 088146 Paint supplies for office Paid by Check # 104496
04/24/2024 05/01/2024 04/23/2024 05/10/2024 52.84
10187 - Della Mora Heating, Inc. 16137 Heater service at Station 2
Paid by Check
# 104500
05/01/2024 06/01/2024 05/01/2024 05/10/2024 307.50
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 3 $458.64 Account 6360.280 - Maint & Repairs Habitat Management Svc 10728 - Ace Hardware-Public Works 088107 Ant Spray and bait Paid by Check # 104496
04/19/2024 04/26/2024 04/23/2024 05/10/2024 17.46
Account 6360.280 - Maint & Repairs Habitat Management Svc Totals Invoice Transactions 1 $17.46 Account 6360.450 - Maint & Repairs Maint & Repairs
10728 - Ace Hardware-Public Works 088129 Lead & Asbestos Test kits and Mouse traps
Paid by Check
# 104496
04/23/2024 05/03/2024 04/23/2024 05/10/2024 34.92
Account 6360.450 - Maint & Repairs Maint & Repairs Totals Invoice Transactions 1 $34.92 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000021616345 Fire Alarms Hangar 524 & 533 (9391023444)
Paid by Check
# 104497
04/28/2024 06/04/2024 05/02/2024 05/10/2024 56.49
10758 - AT & T CALNET3 000021616344 Fire Alarms Hangar 524 & 533 (9391023443)
Paid by Check
# 104497
04/28/2024 06/04/2024 05/02/2024 05/10/2024 56.49
10758 - AT & T CALNET3 000021616350 AWOS-Auto Weather
Service (9391023449)
Paid by Check
# 104497
04/28/2024 06/04/2024 05/02/2024 05/10/2024 30.99
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $143.97 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Mar-Apr 767-2 751 Neeson Rd Bldg 526 (2652040767-2)
Paid by Check
# 104507
04/11/2024 04/29/2024 04/23/2024 05/10/2024 33.83
10463 - Pacific Gas & Electric March 767-2 751 Neeson Rd Bldg 526 (2652040767-2)
Paid by Check
# 104507
03/12/2024 03/29/2024 04/23/2024 05/10/2024 118.07
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 2 $151.90 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District April 56 096 3271 Imjin Rd (000056 096)
Paid by Check
# 104503
04/30/2024 05/15/2024 05/02/2024 05/10/2024 106.91
10349 - Marina Coast Water District April 56 044 781 Neeson Rd Bldg 520 (000056 044)
Paid by Check
# 104503
04/30/2024 05/15/2024 05/02/2024 05/10/2024 161.34
10349 - Marina Coast Water District April 56 051 721 Neeson Rd Bldg 533 (000056 051)
Paid by Check
# 104503
04/30/2024 05/15/2024 05/02/2024 05/10/2024 185.84
Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 10 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District April 56 097 3200 Imjin Rd (000056 097)
Paid by Check
# 104503
04/30/2024 05/15/2024 05/02/2024 05/10/2024 446.33
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 4 $900.42 Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 11748 Computer for Pilots Lounge
Paid by EFT #
4600
04/30/2024 06/01/2024 05/01/2024 05/10/2024 856.43
10897 - TechRx Technology Services 11799 Security Camera Installation for Bldg
520
Paid by EFT #
4600
04/30/2024 06/01/2024 05/01/2024 05/10/2024 5,204.81
10897 - TechRx Technology Services 11800 Aero Antenna
Installation
Paid by EFT #
4600
04/30/2024 06/01/2024 05/01/2024 05/10/2024 1,636.56
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 3 $7,697.80 Account 6400.352 - Material & Suppl IT - Software (non-capitalize) 10897 - TechRx Technology Services 11805 Starlink connection and service
Paid by EFT #
4600
04/30/2024 06/01/2024 05/01/2024 05/10/2024 819.38
Account 6400.352 - Material & Suppl IT - Software (non-capitalize) Totals Invoice Transactions 1 $819.38 Account 6400.733 - Material & Suppl Signs
10967 - Monterey Signs, Inc. 24343 Signs C-7 through C-12 Paid by EFT # 4595
03/19/2024 04/25/2024 04/23/2024 05/10/2024 245.82
Account 6400.733 - Material & Suppl Signs Totals Invoice Transactions 1 $245.82 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 20 $14,628.31 Division 000 - Non-Div Totals Invoice Transactions 20 $14,628.31 Department 000 - Non-Dept Totals Invoice Transactions 20 $14,628.31 Fund 555 - Marina Airport Totals Invoice Transactions 20 $14,628.31 Grand Totals Invoice Transactions 86 $193,676.16
Run by Melanie Hernandez on 05/09/2024 11:19:48 AM Page 11 of 11 Accounts Payable by G/L Distribution Report
Payment Date Range 05/10/24 - 05/10/24
11 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11869 - Agile Occupational Medicine PC EM018395 Agile Occupational Medicine - Pre Emp Px
Paid by EFT #
4618
04/23/2024 05/01/2024 05/01/2024 05/17/2024 232.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 1 $232.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 132.78
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $132.78 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 361692849001 Office Depot Paid by Check # 104540
04/02/2024 04/09/2024 04/09/2024 05/17/2024 (174.97)
10732 - Office Depot-General Account 345572679 CR Office Depot Paid by Check # 104540
04/15/2024 04/15/2024 04/15/2024 05/17/2024 (28.61)
10732 - Office Depot-General Account 354939080-1
CR
Office Depot Paid by Check
# 104540
04/15/2024 04/15/2024 04/15/2024 05/17/2024 (344.97)
10732 - Office Depot-General Account 363061584001 Office Depot Paid by Check # 104540
04/30/2024 05/01/2024 05/01/2024 05/17/2024 586.95
10732 - Office Depot-General Account 364562767001 Office Supplies Paid by Check # 104540
05/13/2024 05/14/2024 05/14/2024 05/17/2024 157.29
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 5 $195.69 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $560.47 Division 000 - Non-Div Totals Invoice Transactions 7 $560.47 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 7 $560.47 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12015 - Kathy Pomeroy 24-424KP BMR Appraisal - 306
Reservation Road
Paid by Check
# 104532
05/01/2024 05/14/2024 05/14/2024 05/17/2024 1,000.00
11835 - Environmental Innovations, Inc. 2555 Solid Waste Management Services
Paid by Check
# 104526
05/06/2024 05/06/2024 05/06/2024 05/17/2024 1,725.77
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $2,725.77 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4189456223 Mat Service City Hall Paid by Check # 104522
04/12/2024 05/14/2024 05/14/2024 05/17/2024 52.05
10129 - Cintas Corporation 4190899850 Mat Service City Hall Paid by Check # 104522
04/26/2024 05/14/2024 05/14/2024 05/17/2024 52.60
10129 - Cintas Corporation 4192338885 Mat Service City Hall Paid by Check # 104522
05/10/2024 05/14/2024 05/14/2024 05/17/2024 52.05
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 3 $156.70 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 1 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
12 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 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 104542
04/26/2024 05/14/2024 05/14/2024 05/17/2024 7,698.23
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $7,698.23 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056025
050924
327 Reindollar Ave Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 71.92
10349 - Marina Coast Water District 000056017
050924
208-A Palm Ave Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 84.08
10349 - Marina Coast Water District 000056018
050924
208 Palm Ave Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 142.13
10349 - Marina Coast Water District 000056020
050924
304 Hillcrest Ave Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 126.86
10349 - Marina Coast Water District 04-30-24 Acct# 000056041 - 3260 Imjin Road
Paid by Check
# 104534
04/30/2024 05/14/2024 05/14/2024 05/17/2024 287.53
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 5 $712.52 Account 6400.565 - Material & Suppl Office Supplies
10540 - Sierra Springs & Alhambra 7266038
051024
Water Cooler Rentals
and Replacement
Water
Paid by Check
# 104552
05/10/2024 05/09/2024 05/09/2024 05/17/2024 202.85
10734 - Office Depot-Public Works Dept. 362746896001 Annex Supplies Paid by Check # 104541
04/19/2024 04/29/2024 04/29/2024 05/17/2024 59.80
10734 - Office Depot-Public Works Dept. 362746896002 Annex Supplies Paid by Check # 104541
04/22/2024 05/06/2024 05/06/2024 05/17/2024 23.37
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 3 $286.02 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 8-495-63026 Shipping Charges -
BMR Housing Program
Paid by Check
# 104528
05/10/2024 05/14/2024 05/14/2024 05/17/2024 47.18
10480 - Pitney Bowes 3106653284 Quarterly Lease
Payment
Paid by Check
# 104545
05/11/2024 05/14/2024 05/14/2024 05/17/2024 1,375.38
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 2 $1,422.56 Account 6600.010 - Other Charges Alarm
10981 - Sentry Alarm Systems of America,
Inc.
2250514 Alarm Monitoring -
Sports Center - Jun-
Aug 2024
Paid by Check
# 104551
05/15/2024 05/09/2024 05/09/2024 05/17/2024 285.00
Account 6600.010 - Other Charges Alarm Totals Invoice Transactions 1 $285.00 Account 6600.452 - Other Charges Leased Copier
11451 - Monterey Bay Office Products - US
Bank
528576077 City Hall Copier Lease -
May 2024
Paid by Check
# 104535
05/04/2024 05/14/2024 05/14/2024 05/17/2024 380.20
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $380.20 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 2 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
13 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 Totals Invoice Transactions 18 $13,667.00 Division 000 - Non-Div Totals Invoice Transactions 18 $13,667.00 Department 190 - Citywide Non-Dept Totals Invoice Transactions 18 $13,667.00 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 5,045.50
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $5,045.50 Account 6500.620 - Training & Travel POST
10637 - Barnet, Neola 04-29-24 Per Diem - N. Barnet Paid by Check # 104517
04/29/2024 05/15/2024 05/15/2024 05/17/2024 161.00
11950 - Randy Hopkins 05-19-24 Per Diem - R. Hopkins Paid by Check # 104547
05/15/2024 05/15/2024 05/15/2024 05/17/2024 184.00
11604 - Ryan Parra 04-29-24 Per Diem - R. Parra Paid by Check # 104550
04/29/2024 05/15/2024 05/15/2024 05/17/2024 161.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 3 $506.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $5,551.50 Division 000 - Non-Div Totals Invoice Transactions 4 $5,551.50 Department 210 - Police Totals Invoice Transactions 4 $5,551.50 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10868 - Ergometrics & Applied Pers.

Research
145563 Testing Materials Paid by Check
# 104527
04/30/2024 05/14/2024 05/14/2024 05/17/2024 852.90
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $852.90 Account 6360.070 - Maint & Repairs Bdg Public Safety
10250 - Gavilan Pest Control 0162385 3260 Imjin Rd General Pest
Paid by Check
# 104529
05/01/2024 05/06/2024 05/06/2024 05/17/2024 90.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $90.00 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4192338861 Shop towels Paid by Check # 104522
05/10/2024 05/14/2024 05/14/2024 05/17/2024 138.05
10185 - DCS Testing & Equipment 20300 Fire Hose Testing - 14,500 feet
Paid by Check
# 104559
05/02/2024 05/14/2024 05/14/2024 05/17/2024 4,060.00
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $4,198.05 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 3 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
14 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 6360.850 - Maint & Repairs Vehicle
10927 - Ace Hardware - Fire Dept. 088237 Tire cleaner foam & WD40
Paid by Check
# 104513
05/06/2024 05/14/2024 05/14/2024 05/17/2024 24.01
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $24.01 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 99625584114 FD Mobile from March 26 - April 25 2024
Paid by EFT #
4627
04/25/2024 05/06/2024 05/06/2024 05/17/2024 598.91
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $598.91 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 1,333.63
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $1,333.63 Account 6400.739 - Material & Suppl Special Dept Exp-Fire Prevent 10470 - Peninsula Welding & Medical
Supply
260129 Non-Liquid Cylinders Paid by Check
# 104544
04/30/2024 04/29/2024 04/29/2024 05/17/2024 12.90
Account 6400.739 - Material & Suppl Special Dept Exp-Fire Prevent Totals Invoice Transactions 1 $12.90 Account 6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept. 088275 AA Battery ALKLN Paid by Check # 104513
05/10/2024 05/14/2024 05/14/2024 05/17/2024 10.91
10927 - Ace Hardware - Fire Dept. 088220 Grounding Connector 20A
Paid by Check
# 104513
05/03/2024 05/14/2024 05/14/2024 05/17/2024 10.91
11393 - Carmel Roasters, Inc. 69442 FD Coffee - 3 boxes Paid by Check # 104521
05/08/2024 05/14/2024 05/14/2024 05/17/2024 262.20
10580 - Tri County Fire Protection HP62729 Extinguisher refills (20) for Station 1
Paid by Check
# 104554
01/15/2024 05/14/2024 05/14/2024 05/17/2024 283.00
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 4 $567.02 Account 6600.480 - Other Charges Medical Svc - Employee 11869 - Agile Occupational Medicine PC EM017911-2 Physical for C. Vega Paid by EFT # 4618
04/16/2024 05/14/2024 05/14/2024 05/17/2024 125.00
Account 6600.480 - Other Charges Medical Svc - Employee Totals Invoice Transactions 1 $125.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 13 $7,802.42 Division 000 - Non-Div Totals Invoice Transactions 13 $7,802.42 Department 250 - Fire Totals Invoice Transactions 13 $7,802.42 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10034 - American Supply Co. 0184255 City Supplies Corp Yard Paid by Check # 104516
04/23/2024 05/06/2024 05/06/2024 05/17/2024 153.05
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 4 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
15 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
10034 - American Supply Co. 0184389 City Supplies Paid by Check # 104516
05/01/2024 05/09/2024 05/09/2024 05/17/2024 3,356.27
10181 - Dave's Repair Service 36768 Interstitial Sensor Paid by Check # 104523
04/22/2024 04/29/2024 04/29/2024 05/17/2024 893.57
10181 - Dave's Repair Service 36774 Monthly Site
Inspections as
Designated Operator
Paid by Check
# 104523
04/26/2024 05/06/2024 05/06/2024 05/17/2024 99.77
10250 - Gavilan Pest Control 0161845 3254 Abdy Way
Gophers
Paid by Check
# 104529
04/30/2024 05/06/2024 05/06/2024 05/17/2024 300.00
10250 - Gavilan Pest Control 0161761 Preston Park Squirrels Paid by Check # 104529
04/30/2024 05/06/2024 05/06/2024 05/17/2024 180.00
10250 - Gavilan Pest Control 0162384 211 Hillcrest Ave Rodents
Paid by Check
# 104529
05/01/2024 05/06/2024 05/06/2024 05/17/2024 82.00
10250 - Gavilan Pest Control 0162386 190 Seaside Circle Gophers
Paid by Check
# 104529
05/01/2024 05/06/2024 05/06/2024 05/17/2024 300.00
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 8 $5,364.66 Account 6360.070 - Maint & Repairs Bdg Public Safety
10263 - Green Line 91871 Grease Traps Paid by Check
# 104531
04/24/2024 05/06/2024 05/06/2024 05/17/2024 1,785.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $1,785.00 Account 6360.440 - Maint & Repairs Landscape General
10250 - Gavilan Pest Control 0161711 Multiple Locations Broadleaf Spraying Turf
Paid by Check
# 104529
04/30/2024 05/06/2024 05/06/2024 05/17/2024 1,825.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $1,825.00 Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 088180 Supplies Paid by Check # 104514
04/29/2024 05/09/2024 05/09/2024 05/17/2024 65.54
10728 - Ace Hardware-Public Works 088150 Supplies Paid by Check # 104514
04/24/2024 05/09/2024 05/09/2024 05/17/2024 165.99
10728 - Ace Hardware-Public Works 088164 Supplies Paid by Check # 104514
04/25/2024 05/09/2024 05/09/2024 05/17/2024 53.52
10728 - Ace Hardware-Public Works 088206 Supplies Paid by Check # 104514
05/02/2024 05/09/2024 05/09/2024 05/17/2024 36.00
10728 - Ace Hardware-Public Works 088210 Insect Spray Paid by Check # 104514
05/02/2024 05/09/2024 05/09/2024 05/17/2024 9.82
10728 - Ace Hardware-Public Works 088219 Keys Paid by Check # 104514
05/03/2024 05/09/2024 05/09/2024 05/17/2024 43.11
10728 - Ace Hardware-Public Works 088178 Supplies Paid by Check # 104514
04/29/2024 05/09/2024 05/09/2024 05/17/2024 32.70
10728 - Ace Hardware-Public Works 088201 Supplies Paid by Check # 104514
05/01/2024 05/09/2024 05/09/2024 05/17/2024 21.20
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 5 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
16 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 088131 Supplies Paid by Check # 104514
04/23/2024 05/09/2024 05/09/2024 05/17/2024 9.82
10728 - Ace Hardware-Public Works 088245 Supplies Paid by Check # 104514
05/07/2024 05/09/2024 05/09/2024 05/17/2024 32.90
10728 - Ace Hardware-Public Works 088188 Supplies Paid by Check # 104514
04/30/2024 05/09/2024 05/09/2024 05/17/2024 19.64
10465 - Pacific Smog 1995 Smog Inspections Paid by Check # 104543
05/01/2024 05/06/2024 05/06/2024 05/17/2024 167.00
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 12 $657.24 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056099
043024
9th Street West of 2nd
Avenue
Paid by Check
# 104534
04/30/2024 04/29/2024 04/29/2024 05/17/2024 177.74
10349 - Marina Coast Water District 000056014
050324
3200 Del Monte Blvd Paid by Check
# 104534
05/03/2024 05/06/2024 05/06/2024 05/17/2024 2,447.16
10349 - Marina Coast Water District 000056014
042424
3200 Del Monte Blvd Paid by Check
# 104534
04/24/2024 05/06/2024 05/06/2024 05/17/2024 1,249.21
10349 - Marina Coast Water District 000056103
043024
2840 Fifth Ave Paid by Check
# 104534
04/30/2024 05/09/2024 05/09/2024 05/17/2024 145.06
10349 - Marina Coast Water District 000056001
050924
209-13 Cypress Ave Paid by Check
# 104534
05/09/2024 05/09/2024 05/09/2024 05/17/2024 106.93
10349 - Marina Coast Water District 000056019
050924
211 Hillcrest Ave Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 1,067.60
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 6 $5,193.70 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 199.17
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $199.17 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110457283 PW Uniforms Paid by Check
# 104556
05/03/2024 05/06/2024 05/06/2024 05/17/2024 264.25
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110461116 PW Uniforms Paid by Check
# 104556
05/10/2024 05/10/2024 05/10/2024 05/17/2024 417.44
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $681.69 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 31 $15,706.46 Division 311 - Buildings & Grounds Totals Invoice Transactions 31 $15,706.46 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10403 - NAPA Auto Parts - former Monterey
Auto Supply
007242 2.5 Def Paid by Check
# 104538
09/11/2023 09/08/2023 09/08/2023 05/17/2024 170.30
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 6 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-005832 Mount Paid by Check
# 104538
09/05/2023 09/08/2023 09/08/2023 05/17/2024 184.53
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-008965 Headlight Paid by Check
# 104538
09/19/2023 09/22/2023 09/22/2023 05/17/2024 14.67
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-008590 Oil Paid by Check
# 104538
09/18/2023 09/22/2023 09/22/2023 05/17/2024 1,184.41
10403 - NAPA Auto Parts - former Monterey
Auto Supply
009563 Filter Paid by Check
# 104538
09/21/2023 09/22/2023 09/22/2023 05/17/2024 36.04
10403 - NAPA Auto Parts - former Monterey
Auto Supply
035463 Oil Paid by Check
# 104538
02/01/2024 05/07/2024 05/07/2024 05/17/2024 50.45
10403 - NAPA Auto Parts - former Monterey
Auto Supply
036146 Alternator Paid by Check
# 104538
02/05/2024 05/07/2024 05/07/2024 05/17/2024 194.21
10403 - NAPA Auto Parts - former Monterey
Auto Supply
036908 Sensors Paid by Check
# 104538
02/08/2024 05/07/2024 05/07/2024 05/17/2024 209.59
10403 - NAPA Auto Parts - former Monterey
Auto Supply
045850 Brake pads Paid by Check
# 104538
03/22/2024 05/07/2024 05/07/2024 05/17/2024 44.44
10403 - NAPA Auto Parts - former Monterey
Auto Supply
046415 Brake Pads Paid by Check
# 104538
03/26/2024 05/07/2024 05/07/2024 05/17/2024 97.21
10403 - NAPA Auto Parts - former Monterey
Auto Supply
046603 Fleet Pads Paid by Check
# 104538
03/26/2024 05/07/2024 05/07/2024 05/17/2024 72.99
10403 - NAPA Auto Parts - former Monterey
Auto Supply
047323 Oil Filter Paid by Check
# 104538
03/29/2024 05/07/2024 05/07/2024 05/17/2024 32.58
10403 - NAPA Auto Parts - former Monterey
Auto Supply
052483 Lamp Signal Paid by Check
# 104538
04/24/2024 05/09/2024 05/09/2024 05/17/2024 72.05
10403 - NAPA Auto Parts - former Monterey
Auto Supply
053400 Lamp Signal Paid by Check
# 104538
04/29/2024 05/09/2024 05/09/2024 05/17/2024 163.72
10403 - NAPA Auto Parts - former Monterey
Auto Supply
055267 Brake Pads/Rotors Paid by Check
# 104538
05/07/2024 05/09/2024 05/09/2024 05/17/2024 301.72
10403 - NAPA Auto Parts - former Monterey
Auto Supply
005832 Supplies Paid by Check
# 104538
09/05/2023 05/09/2024 05/09/2024 05/17/2024 184.53
10403 - NAPA Auto Parts - former Monterey
Auto Supply
008590 Supplies Paid by Check
# 104538
09/18/2023 05/09/2024 05/09/2024 05/17/2024 1,184.41
10403 - NAPA Auto Parts - former Monterey
Auto Supply
008965 Switch Paid by Check
# 104538
09/19/2023 05/09/2024 05/09/2024 05/17/2024 14.67
10403 - NAPA Auto Parts - former Monterey
Auto Supply
944015 Plugs/Coils Paid by Check
# 104538
11/01/2022 05/09/2024 05/09/2024 05/17/2024 570.10
10403 - NAPA Auto Parts - former Monterey
Auto Supply
975859 Air Filter Paid by Check
# 104538
04/12/2023 05/09/2024 05/09/2024 05/17/2024 33.24
10403 - NAPA Auto Parts - former Monterey
Auto Supply
975865 Air Filter Paid by Check
# 104538
04/12/2023 05/09/2024 05/09/2024 05/17/2024 38.48
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 7 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10403 - NAPA Auto Parts - former Monterey
Auto Supply
977626 Thermostat/Gasket Paid by Check
# 104538
04/20/2023 05/09/2024 05/09/2024 05/17/2024 156.87
10505 - RDO Equipment Co. W6649638 Backhoe Service Paid by Check # 104548
03/04/2024 05/07/2024 05/07/2024 05/17/2024 2,666.04
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 23 $7,677.25 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 23 $7,677.25 Division 313 - Vehicle Maint Totals Invoice Transactions 23 $7,677.25 Department 310 - Public Works Totals Invoice Transactions 54 $23,383.71 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.100 - Fee Agr Costs - Planning
10316 - Kimley-Horn & Associates 27817850 Marina Station Traffic Paid by Check # 104533
03/31/2024 05/08/2024 05/08/2024 05/17/2024 20,567.00
10171 - CSG Consultants 56286 Marina Station Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 7,865.00
10316 - Kimley-Horn & Associates 27604131 Marina Station COA Paid by Check # 104533
03/31/2024 04/29/2024 04/29/2024 05/17/2024 2,021.50
10508 - Regional Government Services 16386 Marina Dunes Borelli- January
Paid by EFT #
4624
01/31/2024 05/13/2024 05/13/2024 05/17/2024 166.41
10508 - Regional Government Services 16384 Marina Dunes Misc January
Paid by EFT #
4624
01/31/2024 05/13/2024 05/13/2024 05/17/2024 3,538.64
10508 - Regional Government Services 16385 Harvey Gas Station Paid by EFT # 4624
01/31/2024 05/13/2024 05/13/2024 05/17/2024 332.82
10508 - Regional Government Services 16688 Marina Dunes Misc March
Paid by EFT #
4624
03/31/2024 05/13/2024 05/13/2024 05/17/2024 6,631.86
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 7 $41,123.23 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 132.78
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $132.78 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 365942640001 Code Enforcement Supplies
Paid by Check
# 104540
05/02/2024 05/14/2024 05/14/2024 05/17/2024 48.49
10732 - Office Depot-General Account 365910934001 Building Paid by Check # 104540
05/02/2024 05/14/2024 05/14/2024 05/17/2024 20.75
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $69.24 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $41,325.25 Division 000 - Non-Div Totals Invoice Transactions 10 $41,325.25 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 8 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 410 - Planning Totals Invoice Transactions 10 $41,325.25 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 56288 Sea Have Inspections
Phase 4
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 14,190.00
10171 - CSG Consultants 56279 Dunes Phase 2 North
Inspections
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 1,650.00
10171 - CSG Consultants 56287 Sea Haven Inspection
Phase 3B
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 4,345.00
10171 - CSG Consultants 56290 Sea Haven Phase 3A
Inspection
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 2,640.00
Account 6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check Totals Invoice Transactions 4 $22,825.00 Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 56274 PWD Services Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 12,420.00
10171 - CSG Consultants 56270 Permits/Development Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 6,022.50
10171 - CSG Consultants 56289 Sea Haven Phase 3
Map/Plan Review
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 440.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 3 $18,882.50 Account 6300.185 - Prof Svc Engineering Svs-Staff Augment 10171 - CSG Consultants 56271 Staff Augmentation Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 11,690.00
Account 6300.185 - Prof Svc Engineering Svs-Staff Augment Totals Invoice Transactions 1 $11,690.00 Account 6300.190 - Prof Svc Engineering Svc Interagency 10171 - CSG Consultants 56272 TAMC Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 2,310.00
10171 - CSG Consultants 56273 MST Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 220.00
Account 6300.190 - Prof Svc Engineering Svc Interagency Totals Invoice Transactions 2 $2,530.00 Account 6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants 56275 Dunes Hilltop Park
Inspections
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 2,035.00
10171 - CSG Consultants 56276 Dunes Op Site 1A Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 1,100.00
10171 - CSG Consultants 56277 Dunes Phase 1B
Promenade
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 3,865.00
10171 - CSG Consultants 56278 Dunes Phase 2 West Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 4,530.00
10171 - CSG Consultants 56280 Dunes Phase 2 West
Inspections
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 8,415.00
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 9 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants 56281 Dunes Phase 3 North Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 1,430.00
10171 - CSG Consultants 56282 Dunes Promenade (1B)
Inspections
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 6,352.50
10171 - CSG Consultants 56283 Grocery at Promenade Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 2,887.50
10171 - CSG Consultants 56284 Home2Suites by Hilton Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 2,640.00
10171 - CSG Consultants 56285 Lightfighter Village
(229 Hayes)
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 907.50
Account 6330.200 - Fee Agr Costs - Engineering Totals Invoice Transactions 10 $34,162.50 Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 11746 Corp Yard Paid by EFT # 4626
04/30/2024 04/29/2024 04/29/2024 05/17/2024 1,404.81
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 1 $1,404.81 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 21 $91,494.81 Division 000 - Non-Div Totals Invoice Transactions 21 $91,494.81 Department 420 - Engineering Totals Invoice Transactions 21 $91,494.81 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.070 - Prof Svc Building Plan Check & Inspection 11138 - Bureau Veritas North America, Inc. RI 24019345 721 Neeson Rd Bldg 533
Paid by EFT #
4619
05/06/2024 05/09/2024 05/09/2024 05/17/2024 562.50
10171 - CSG Consultants 56291 Sea Haven Phase 4
Map/Plan Review
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 3,060.00
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 2 $3,622.50 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9962011888 Verizon Wireless April 2024 (972476364-
00001)
Paid by EFT #
4627
04/18/2024 04/29/2024 04/29/2024 05/17/2024 168.50
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $168.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $3,791.00 Division 000 - Non-Div Totals Invoice Transactions 3 $3,791.00 Department 430 - Building Inspection Totals Invoice Transactions 3 $3,791.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 10 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11010 - Adams Ashby Group,Inc. 5998 Rockrose Garden
HOME Grant Monitoring
Paid by Check
# 104515
05/11/2024 05/09/2024 05/09/2024 05/17/2024 4,300.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $4,300.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,300.00 Division 000 - Non-Div Totals Invoice Transactions 1 $4,300.00 Department 440 - Economic Dev Totals Invoice Transactions 1 $4,300.00 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10074 - Bob Murray & Associates 10121 Recreation Director - Mileage
Paid by Check
# 104519
06/15/2023 05/09/2024 05/09/2024 05/17/2024 117.90
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $117.90 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 331.94
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $331.94 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $449.84 Division 100 - Admin Totals Invoice Transactions 2 $449.84 Department 510 - Recreation & Culture Totals Invoice Transactions 2 $449.84 Fund 100 - General Fund Totals Invoice Transactions 133 $192,326.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 11 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
22 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
FBN5025521 Lease/Payment April 24 Paid by EFT #
4621
05/03/2024 05/06/2024 05/06/2024 05/17/2024 21,321.43
Account 6600.450 - Other Charges Leases & Rents Totals Invoice Transactions 1 $21,321.43 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $21,321.43 Division 000 - Non-Div Totals Invoice Transactions 1 $21,321.43 Department 000 - Non-Dept Totals Invoice Transactions 1 $21,321.43 Fund 110 - Vehicle and Equipment Totals Invoice Transactions 1 $21,321.43 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 12 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 130 - Library Maintenance
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.060 - Maint & Repairs Bdg Library
10187 - Della Mora Heating, Inc. 16127 188 Seaside Circle Paid by Check # 104524
05/10/2024 05/10/2024 05/10/2024 05/17/2024 2,425.00
Account 6360.060 - Maint & Repairs Bdg Library Totals Invoice Transactions 1 $2,425.00 Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 146738 Landscape
Maintenance April 2024
Paid by Check
# 104539
04/30/2024 05/13/2024 05/13/2024 05/17/2024 675.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $675.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $3,100.00 Division 000 - Non-Div Totals Invoice Transactions 2 $3,100.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $3,100.00 Fund 130 - Library Maintenance Totals Invoice Transactions 2 $3,100.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 13 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
24 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 9962011888 Verizon Wireless April 2024 (972476364-
00001)
Paid by EFT #
4627
04/18/2024 04/29/2024 04/29/2024 05/17/2024 674.25
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $674.25 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 104542
04/26/2024 05/14/2024 05/14/2024 05/17/2024 988.61
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $988.61 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District 000056049
043024
Imjin Rd
(Irrigation/Backflow
Accts)
Paid by Check
# 104534
04/30/2024 04/29/2024 04/29/2024 05/17/2024 177.74
10349 - Marina Coast Water District 000056036
043024
2nd Ave/Divarty &
Intergarrison
Paid by Check
# 104534
04/30/2024 04/29/2024 04/29/2024 05/17/2024 177.74
10349 - Marina Coast Water District 000056086
050324
Crescent Ave/Sirena
Del Mar Irrigation
Paid by Check
# 104534
05/03/2024 05/06/2024 05/06/2024 05/17/2024 28.34
10349 - Marina Coast Water District 000056030
050324
Crescent Ave/Reser
Rd/Ramada Inn
Paid by Check
# 104534
05/06/2024 05/06/2024 05/06/2024 05/17/2024 38.22
10349 - Marina Coast Water District 000056104
043024
2850 5th Ave Paid by Check
# 104534
04/30/2024 05/09/2024 05/09/2024 05/17/2024 87.09
10349 - Marina Coast Water District 000056037
043024
2nd Ave Paid by Check
# 104534
04/30/2024 05/09/2024 05/09/2024 05/17/2024 177.74
10349 - Marina Coast Water District 000056007
050924
Calif Ave/North of 3rd Paid by Check
# 104534
05/09/2024 05/09/2024 05/09/2024 05/17/2024 92.55
10349 - Marina Coast Water District 000056024
050924
Del Monte/Palm Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 92.55
10349 - Marina Coast Water District 000056027
050924
Calif Ave at Reindollar Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 38.22
10349 - Marina Coast Water District 000056021
050924
Reservation Rd/By 290-
308 Reservation
Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 36.77
10349 - Marina Coast Water District 000056022
050924
Reser/Marina Auto
Stereo/Irrigation
Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 40.42
10349 - Marina Coast Water District 000056016
050924
Resev Rd & Seacrest
Ave-Next to Fire Hyd
Paid by Check
# 104534
05/09/2024 05/10/2024 05/10/2024 05/17/2024 36.77
10349 - Marina Coast Water District 000056104
032824
2850 5th Ave Paid by Check
# 104534
03/28/2024 05/10/2024 05/10/2024 05/17/2024 69.67
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 13 $1,093.82 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 14 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 659.83
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $659.83 Account 6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra 9696351
050424
Corp Yard Paid by Check
# 104552
05/04/2024 05/06/2024 05/06/2024 05/17/2024 252.33
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $252.33 Account 6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction 2150301 Granitepatch Paid by EFT # 4622
03/31/2024 05/07/2024 05/07/2024 05/17/2024 1,949.54
10261 - Graniterock/Pavex Construction 2150302 Concrete Mix Paid by EFT # 4622
03/31/2024 05/07/2024 05/07/2024 05/17/2024 1,253.33
10261 - Graniterock/Pavex Construction 2156729 Granitepatch Paid by EFT # 4622
05/04/2024 05/07/2024 05/07/2024 05/17/2024 7,441.58
Account 6400.750 - Material & Suppl Street Material (non-capitalize) Totals Invoice Transactions 3 $10,644.45 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110457284 PW Supplies Paid by Check
# 104556
05/03/2024 05/06/2024 05/06/2024 05/17/2024 70.51
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110461117 PW Supplies Paid by Check
# 104556
05/10/2024 05/13/2024 05/13/2024 05/17/2024 70.51
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $141.02 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 22 $14,454.31 Division 000 - Non-Div Totals Invoice Transactions 22 $14,454.31 Department 000 - Non-Dept Totals Invoice Transactions 22 $14,454.31 Fund 220 - Gas Tax Totals Invoice Transactions 22 $14,454.31 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 15 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
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
10425 - Monterey Peninsula Engineering 02-02B Cypress Knolls Gates Paid by Check # 104537
03/21/2024 05/08/2024 05/08/2024 05/17/2024 66,043.05
11152 - California Dept. of Tax & Fee
Administration
L0025973809 Acct #235-376928
(Voucher #605884976)
Paid by Check
# 104520
04/22/2024 04/29/2024 04/29/2024 05/17/2024 338.30
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $66,381.35 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $66,381.35 Division 000 - Non-Div Totals Invoice Transactions 2 $66,381.35 Department 000 - Non-Dept Totals Invoice Transactions 2 $66,381.35 Fund 223 - FORA Dissolution Totals Invoice Transactions 2 $66,381.35 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 16 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
27 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 232 - Seabreeze AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 56261 Seabreeze Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 330.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $330.00 Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 146738 Landscape
Maintenance April 2024
Paid by Check
# 104539
04/30/2024 05/13/2024 05/13/2024 05/17/2024 218.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $218.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $548.00 Division 000 - Non-Div Totals Invoice Transactions 2 $548.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $548.00 Fund 232 - Seabreeze AD Totals Invoice Transactions 2 $548.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 17 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
28 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 56262 Monterey Bay Estates Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 440.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $440.00 Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 146738 Landscape
Maintenance April 2024
Paid by Check
# 104539
04/30/2024 05/13/2024 05/13/2024 05/17/2024 468.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $468.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 104542
04/26/2024 05/14/2024 05/14/2024 05/17/2024 10.23
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.23 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $918.23 Division 000 - Non-Div Totals Invoice Transactions 3 $918.23 Department 000 - Non-Dept Totals Invoice Transactions 3 $918.23 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 3 $918.23 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 18 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
29 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 56263 Cypress Cove II Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 440.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 1 $440.00 Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 146738 Landscape
Maintenance April 2024
Paid by Check
# 104539
04/30/2024 05/13/2024 05/13/2024 05/17/2024 530.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $530.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 104542
04/26/2024 05/14/2024 05/14/2024 05/17/2024 9.85
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9.85 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $979.85 Division 000 - Non-Div Totals Invoice Transactions 3 $979.85 Department 000 - Non-Dept Totals Invoice Transactions 3 $979.85 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 3 $979.85 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 19 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
30 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 251 - CFD - Locke Paddon
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 420477 New Plant Installtion Locke Paddon Point
Paid by Check
# 104539
04/29/2024 05/06/2024 05/06/2024 05/17/2024 2,920.00
10446 - New Image Landscape Co. 146738 Landscape
Maintenance April 2024
Paid by Check
# 104539
04/30/2024 05/13/2024 05/13/2024 05/17/2024 249.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $3,169.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $3,169.00 Division 000 - Non-Div Totals Invoice Transactions 2 $3,169.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $3,169.00 Fund 251 - CFD - Locke Paddon Totals Invoice Transactions 2 $3,169.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 20 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
31 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 252 - CFD - Dunes No. 2015-1
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 56264 Locke Paddon Park CFD Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 495.00
10171 - CSG Consultants 56265 Phase 1C CFD Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 440.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 2 $935.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $935.00 Division 000 - Non-Div Totals Invoice Transactions 2 $935.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $935.00 Fund 252 - CFD - Dunes No. 2015-1 Totals Invoice Transactions 2 $935.00 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 21 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
32 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 56266 Annual Street
Resurfacing
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 11,150.00
11847 - BKF Engineers 24040763 Marina Pavement
Management Program
Paid by Check
# 104518
04/25/2024 05/06/2024 05/06/2024 05/17/2024 4,836.00
11847 - BKF Engineers 24041070 Marina Pavement
Management Program
Slurry Seal
Paid by Check
# 104518
04/25/2024 05/06/2024 05/06/2024 05/17/2024 3,139.50
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $19,125.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $19,125.50 Division 000 - Non-Div Totals Invoice Transactions 3 $19,125.50 Department 000 - Non-Dept Totals Invoice Transactions 3 $19,125.50 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 3 $19,125.50 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 22 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
33 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10316 - Kimley-Horn & Associates 27967278 Imjin Parkway PS&E Paid by Check # 104533
04/30/2024 05/14/2024 05/14/2024 05/17/2024 25,767.50
10425 - Monterey Peninsula Engineering 24-04-14 Marina Library Irrigation
Paid by Check
# 104537
04/30/2024 05/08/2024 05/08/2024 05/17/2024 33,648.60
10425 - Monterey Peninsula Engineering 24-04-16 Streetlight Replacement
Paid by Check
# 104537
05/03/2024 05/08/2024 05/08/2024 05/17/2024 15,801.35
10425 - Monterey Peninsula Engineering 01-06 8 Imjin Parkway Widening Project
Paid by Check
# 104537
01/31/2024 05/09/2024 05/09/2024 05/17/2024 234,490.57
10425 - Monterey Peninsula Engineering 02-08 9 Imjin Parkway Widening Project
Paid by Check
# 104537
02/29/2024 05/09/2024 05/09/2024 05/17/2024 302,666.20
10171 - CSG Consultants 56267 PFIF Update Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 110.00
10171 - CSG Consultants 56268 Streetlight
Replacement
Paid by EFT #
4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 330.00
10171 - CSG Consultants 56269 Imjin Widening Paid by EFT # 4620
05/10/2024 05/13/2024 05/13/2024 05/17/2024 6,270.00
11084 - EMC Planning Group 22-003-24 Marina Local Coastal Program Update April
2024
Paid by Check
# 104525
04/30/2024 05/09/2024 05/09/2024 05/17/2024 8,333.26
11084 - EMC Planning Group 22-003-23 Marina Local Coastal Program Update April
2024
Paid by Check
# 104525
04/30/2024 05/09/2024 05/09/2024 05/17/2024 748.19
10316 - Kimley-Horn & Associates 27692884 2021 Dev Impact Fee Paid by Check # 104533
03/31/2024 04/29/2024 04/29/2024 05/17/2024 6,083.00
10425 - Monterey Peninsula Engineering 24-03-16RET Marina Library Irrigation
Paid by Check
# 104537
03/29/2024 04/29/2024 04/29/2024 05/17/2024 495.00
10425 - Monterey Peninsula Engineering 24-03-15 Marina Library Irrigation
Paid by Check
# 104537
03/29/2024 04/29/2024 04/29/2024 05/17/2024 9,405.00
10425 - Monterey Peninsula Engineering 24-04-15RET Library Irrigation Paid by Check # 104537
04/30/2024 05/07/2024 05/07/2024 05/17/2024 1,770.98
10425 - Monterey Peninsula Engineering 24-04-13RET Los Arboles Deck Paid by Check # 104537
05/03/2024 05/07/2024 05/07/2024 05/17/2024 2,702.55
10425 - Monterey Peninsula Engineering 24-04-12 Los Arboles Deck Paid by Check # 104537
05/03/2024 05/07/2024 05/07/2024 05/17/2024 5,400.75
12014 - Pueblo Construction, Inc. 240101-1 Equestrian Center Kennel Bldg
Paid by Check
# 104546
03/13/2024 05/09/2024 05/09/2024 05/17/2024 9,532.38
10515 - Rincon Consultants, Inc. 54182 Marina Downtown Vitalization SP and EIR
Paid by EFT #
4625
02/02/2024 05/13/2024 05/13/2024 05/17/2024 3,208.25
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 23 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
34 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
10588 - United Site Services INV-4460108 2830 5th Ave
(Equestrian Center)
Paid by Check
# 104555
04/30/2024 04/29/2024 04/29/2024 05/17/2024 789.82
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 19 $667,553.40 Account 6700.110 - Capital Outlay Equipment
10187 - Della Mora Heating, Inc. 15853 Public Safety HVAC Paid by Check # 104524
04/30/2024 05/03/2024 05/03/2024 05/17/2024 56,268.00
Account 6700.110 - Capital Outlay Equipment Totals Invoice Transactions 1 $56,268.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 20 $723,821.40 Division 000 - Non-Div Totals Invoice Transactions 20 $723,821.40 Department 000 - Non-Dept Totals Invoice Transactions 20 $723,821.40 Fund 462 - City Capital Projects Totals Invoice Transactions 20 $723,821.40 Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 24 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
35 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 10315 - Keyser Marston Associates 0038755 Professional Services - Joby CIIP - April 2024
Paid by EFT #
4623
05/08/2024 05/09/2024 05/09/2024 05/17/2024 3,471.25
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $3,471.25 Account 6360.280 - Maint & Repairs Habitat Management Svc 10250 - Gavilan Pest Control 0162102 Bldg 520 Rodents Paid by Check # 104529
05/01/2024 06/01/2024 05/07/2024 05/17/2024 75.00
Account 6360.280 - Maint & Repairs Habitat Management Svc Totals Invoice Transactions 1 $75.00 Account 6360.450 - Maint & Repairs Maint & Repairs
10580 - Tri County Fire Protection HP63245 Airport Annual for Fire Extinguishers
Paid by Check
# 104554
03/27/2024 05/16/2024 05/07/2024 05/17/2024 406.00
Account 6360.450 - Maint & Repairs Maint & Repairs Totals Invoice Transactions 1 $406.00 Account 6360.566 - Maint & Repairs Other Equipment
10580 - Tri County Fire Protection HP63245 Airport Annual for Fire Extinguishers
Paid by Check
# 104554
03/27/2024 05/16/2024 05/07/2024 05/17/2024 539.42
Account 6360.566 - Maint & Repairs Other Equipment Totals Invoice Transactions 1 $539.42 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9962011888 Verizon Wireless April 2024 (972476364-
00001)
Paid by EFT #
4627
04/18/2024 04/29/2024 04/29/2024 05/17/2024 130.93
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $130.93 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
36964A-IN City Fuel Ethanol/Diesel Paid by Check
# 104536
05/03/2024 05/10/2024 05/10/2024 05/17/2024 199.16
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $199.16 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $4,821.76 Division 000 - Non-Div Totals Invoice Transactions 6 $4,821.76 Department 000 - Non-Dept Totals Invoice Transactions 6 $4,821.76 Fund 555 - Marina Airport Totals Invoice Transactions 6 $4,821.76 Grand Totals Invoice Transactions 201 $1,051,901.83
Run by Melanie Hernandez on 05/16/2024 11:21:52 AM Page 25 of 25 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
36 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 758 - Successor Agency Oblig Retiremt
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6650.039 - ROPS #39-Bond Trustee Fees
11250 - U.S. Bank 7301229 Trustee Admin Fee-
Series 2023A/B 4/1/24-
3/31/25
Paid by Check
# 124
04/25/2024 05/14/2024 05/14/2024 05/17/2024 3,000.00
Account 6650.039 - ROPS #39-Bond Trustee Fees Totals Invoice Transactions 1 $3,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,000.00 Division 000 - Non-Div Totals Invoice Transactions 1 $3,000.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $3,000.00 Fund 758 - Successor Agency Oblig Retiremt Totals Invoice Transactions 1 $3,000.00 Grand Totals Invoice Transactions 1 $3,000.00
Run by Melanie Hernandez on 05/16/2024 11:20:31 AM Page 1 of 1 Accounts Payable by G/L Distribution Report
Payment Date Range 05/17/24 - 05/17/24
37 Agenda Item: 10b(1)
City Council Meeting of
May 21, 2024

MINUTES
Tuesday, May 7, 2024 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

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Jennifer McAdams, Brian McCarthy, Kathy Biala, Mayor/Chair Bruce C. Delgado (Left meeting at 8:05 PM)
MEMBERS ABSENT: Mayor Pro-Tem/Vice Chair Liesbeth Visscher (Excused)

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None
1 MINUTES for City Council Meeting of Tuesday, May 7, 2024 Page 2

4. CLOSED SESSION:
a. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) 3 cases:
(1) City of Marina, et al. vs. Nemeth, Karla, et al., Monterey County Superior Court Case No. 19CV005270.
(2) California-American Water Company v. All Persons Interested in the Validity of the City of Marina et al., Monterey County Superior Court Case No. 20CV002436.
(3) City of Marina, et al. v. All Persons Interested in the Validity of the Monterey County Groundwater Sustainability Plan, Monterey County Superior Court Case No. 21CV000493.
6:40 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
City Attorney reported out Closed Session: Council met in closed Session, no reportable action was taken.

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

6. SPECIAL PRESENTATIONS:
a. Proclamations
i. Poppy Month, American Legion Post 694

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Council Member McAdams – Announced on May 12, 2024, from 10:00am-Noon is Dad’s Read at the Marina Library and Chief Randy Hopkins will be reading. Wished my colleagues a wonderful trip to Korea.
• Council Member McCarthy – Announced May 14, 2024, i s the Black African Heritage Ceremony for graduating students at. Cal State Monterey Bay in the Otter Student Union ballroom at 6:00 pm. Announced MCWD has sent out Prop 218 notices talking about where water rates are headed over the next 5 years.
• Mayor Delgado – Announced on May 12 th is the Lapis Road Cleanup from 10:00am -12:30pm.

On May 26th is the Hilltop Park Planting from 10:00 -1:00pm at the junction of 9 th Street and 4th Avenue.
• Council Member Biala – Announced on June 1, 2024, is the Multicultural Festival from 11:00am-3:00PM

• Doug Yount – Commented on agenda item 10e(1) and thanked public works for the work on 2 nd Ave. medians. Asked if 9 th street could be done. Noted that Second Ave and Imjin intersection is really bad and hopes it will get scheduled for resurfacing. Asked how the Dunes CFD relates to the slurry project, the interaction between the slurry programs funded by Measure X and the CFD relative to the Dunes project?
• Nancy Fortman – Attended the April 30th meeting and does not see the site selection as the main issue at this point in time . Main issue is paying for these long -needed facilities. What are the exact tax implications for each homeowner in Marina? What are the implied rent increases for the renters whose landlords will be paying increased property taxes ? Would like the council to slow down and take time to research alternative ways to pay for these structures.

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

10. CONSENT AGENDA: These items are considered to be routine and non -controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers:104390-104494, totaling $1,240,266.11.

Accounts Payable Successor Agency Check Number 123, totaling $1,781.78. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) April 16, 2024, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS:
(1) Adopting Resolution No. 2024 -35, approving advertising and call for bids for the 2024 Citywide Slurry Seal Project. (Project exempt from environmental review per § 15301(b) of the CEQA Guidelines for Existing Facilities). Bulled by Mayor Delgado f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024 -36, receiving the Fiscal Year 2024 -25 Engineer's Report for the Cypress Cove II Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2024-25 in that district; and calling a public hearing for May 21, 2024 . (This action is Categorically Exempt per Article 19, Section 15378(b)(5) of the CEQA Guidelines).

3 MINUTES for City Council Meeting of Tuesday, May 7, 2024 Page 4

(2) Adopting Resolution No. 2024 -37, receiving the Fiscal Year 2024 -25 Engineer's Report for the Seabreeze Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2024 -25 in that district; and calling a public hearing for May 21, 2024. (This action is Categorically Exempt per Article 19, Section 15378(b)(5) of the CEQA Guidelines). (3) Adopting Resolution No. 2024 -38, receiving the Fiscal Year 2024 -25 Engineer's Report for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2024 -25 in that district; and calling a public hearing for May 21, 2024. (This action is Categorically Exempt per Article 19, Section 15378(b)(5) of the CEQA Guidelines).
(4) Adopting Resolution No. 2024 -39, authorize the release of Request for Proposals (RFP) to qualified firms for on -call professional services in the disciplines of planning, architectural design, landscape architecture, civil engineering, traffic engineering, environmental services, construction management, and geotechnical engineering. (This action is Categorically Exempt per Article 19, Section 15378(b)(5) of the CEQA Guidelines). (5) Adopting Resolution No. 2024 -40, authorizing the upfitting of a utility vehicle to a command vehicle; and authorizing $24,000 to be allocated from unallocated funds. (This item is exempt from environmental review per §15378 of the CEQA guidelines)
(6) Adopting Resolution 2024-41, adopting the certified Sixth Cycle Housing Element as amended by the California Department of Housing and Community Development. The proposed action is exempt from CEQA per Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines. (7) Adopting Resolution No. 2024-42, accepting the Housing Element Annual Progress Report for calendar year 2023 and authorizing staff to submit the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development; and find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b).
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024 -43, approving an MOU between the City and the Marina Public Safety Management Association (MPSMA), and an MOU between the City and the Marina Professional Firefighters Association (MPFFA) , and authorizing adjustments to the current Salary Schedule for the respective groups. (This item is exempt from environmental review per §15378 of the CEQA guidelines) Pulled by Council Member McAdams (2) Adopting Resolution No. 2024-44, to authorize the City Manager to execute an amendment increasing the amount of the agreement between the City of Marina and Team CivX by $86,000 for consulting services to assist with public engagement, community outreach and messaging materials for a potential bond measure for the construction of police/fire/community center city facilities, subject to final review and approval by the City Attorney. (This item is exempt from environmental review per §15378 of the CEQA guidelines) Pulled by Council Member McAdams
4 MINUTES for City Council Meeting of Tuesday, May 7, 2024 Page 5

(3) Adopting Resolution No. 2024 -45, to authorize the City Manager to execute an amendment increasing the amount of the agreement between the City of Marina and Roesling Nakamura Terada Architects, Inc. by $17,000 for identifying community center sites, development of conceptual plans and estimated costs for community facilities, subject to final review and approval by the City Attorney. (This item is exempt from environmental review per §15378 of the CEQA guidelines)
(4) Adopting Resolution No. 2024-46, approving agreement between the City of Marina and Fieldman Rolapp & Associates for fiscal advisory services. (This item is exempt from environmental review per §15378 of the CEQA guidelines) h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Receive a brief informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023.This action is exempt from CEQA pursuant to Section 15378 of the CEQA Guidelines. Pulled by Council Member McCarthy
(2) Receiving Investment Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment Agency, and Preston Park Sustainable Community Non -Profit Corporation (PPSC -NPC) and Abrams B Non-Profit Corporation for the quarter ended March 31, 2024 k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting Ordinance No. 2024 -04, amending Marina Municipal Code (MMC) Section 17.62.090.A to change the term for Tree Committee members from one year to two years. This action is exempt from environmental review per § 15378 of the CEQA guidelines. (2) Read by Title Only and adopting Ordinance No. 2024 -05, adding Chapter

8.70 (Public Nuisance), to the Marina Municipal Code based on findings and California Environmental Quality Act (CEQA) exemptions Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines.
m. APPROVE APPOINTMENTS:
(1) Appointing to Planning Commission: Richard St. John and Paul Cheng 2 - seats expiring February 2026 (This item is exempt from environmental review per §15378 of the CEQA guidelines)
Council Member McCarthy requested to pull agenda item 10j(1) for discussion.

Council Member McAdams requested to pull agenda items 10g(2) and 10g(3) for questions.

Mayor Delgado requested to pull agenda item 10e(1) for questions.

DELGADO/BIALA: TO APPROVE THE CONSENT AGENDA MINUS 10e(1), 10g(2), 10g(3) AND 10j(1). 4-0-1(Visscher)-0 Motion Passes

5 MINUTES for City Council Meeting of Tuesday, May 7, 2024 Page 6

10g(2)
Delgado/Biala: approve 10g(2) for the outreach regarding a bond measure. But that we add to the scope of services under public information that A, developing information messaging in fact sheets. and C. I'm looking at page 7 , that the content related to the funding needs to be added to the client's website, using social media, etc., include discussion of why or why not we're selling Preston Park ; and why or whether the ball fields are going to be in the mix of what the bond measure pays for.

Substitute Motion
MCADAMS/BIALA: TO ADOPT. 10 g(2) WITH THE CAVEAT REGARDING THE

BASEBALL FIELD (WHY OR WHETHER THE BALL FIELDS ARE GOING TO BE IN

THE MIX OF WHAT THE BOND MEASURE PAYS FOR) IN THE FAQS AND NOT PRESTON PARK. 4-0-1(Visscher)-0 Motion Passes
Mayor Delgado left the meeting at 8:05 PM and Council Member Biala chaired the rest of the meeting.
10e(1)
MCADAMS/BIALA: TO APPROVE AGENDA ITEM 10 e(1). 3 -0-2(Visscher, Delgado) -0 Motion Passes
10g(3)
MCADAMS/MCCARTHY: TO APPROVE 10 g(3) AND ASK THAT STAFF TO

RESEARCH EASEMENTS ON ALL THE SITE SELECTIONS AND BRING THAT BACK TO THE COUNCIL. 3-0-2(Visscher, Delgado)-0 Motion Passes

10j(1)
Council Member McCarthy asked that this item be brought back for a full discussion when the whole council is present. The Council agreed and asked that it come back sometime in June.

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

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).
c. City Manager Report
6 MINUTES for City Council Meeting of Tuesday, May 7, 2024 Page 7

(1) Update of Council directed SMART goals.

15. ADJOURNMENT: The meeting adjourned at 8:17 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
7 May 9, 2024 Item No. 10g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council May 21, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 4-,

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO ENTER

INTO A STANDARD VOLUNTARY AGREEMENT WITH THE

CALIFORNIA DEPARMENT OF TOXIC SUBSTANCE CONTROL AND

PAY ASSOCIATED FEES AND APPROVING ADVERTISING AND

CALL FOR BIDS FOR THE CITY OF MARINA BUILDINGS BLIGHT
REMOVAL 2024 PROJECT.

RECOMMENDATION:

It is requested that the City Council consider adopting Resolution 2024-, for the City of Marina Buildings Blight Removal 2024 Project the following actions;

1. Authorizing the City Manager , or his designee, to enter into a Standard Voluntary Agreement (SVA), EXHIBIT A, with the California Department of Toxic Substance Control (DTSC) and pay associated fees, and

2. Approving advertising and call for bids , Site plans are shown in EXHIBITS B and C.

BACKGROUND:

The closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains numerous buildings that served the former Army base which have deteriorated since 1994 and need to be removed as part of the land redevelopment.

Some of the buildings are on property that the City will retain and must be removed or renovated for adaptive reuse. These include 62 -65 barracks buildings on various locations and 260 duplex housing units on what was planned to be the Cypress Knolls development.

Although the Fort Ord Reuse Authority (FORA) sunset on June 30, 2020, FORA secured bond funding for blight removal prior to closure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025.

On September 15,2020, October 27, 2020, and January 20,2021, the Marina City Council adopted Resolution No. 2020 -127,2020-140 and 2021 -11, respectively, receiving staff presentation on blight removal and blight removal projects and provides direction to staff on priorities for blight removal.

On May 4, 2021, the City Council passed Resolution No. 2021 -42 approving amendment to the Program Management Services and Construction Management and Inspection between the City of Marina and Wallace Group, to add program management and construction management and inspection services for the execution of hazardous material abatement and blighted building removal projects.
1 On November 7, 2023, the City Council passed Resolution 2023 -114 accepting the completion of the City Park Barracks and Cypress Knolls Building Blight Removal 2022 project , Phase 1 of the Barracks Blight Removal project.

ANALYSIS:

The three parcels, 031-221-009 (Location 1 ), 031 -251-005 (Location 2) and 031 -101-055 (Location 3 ), included in this project were part of the scope of the original Removal Action Work Plan (RAW; Northgate, 2006) for Soil Impacted by Lead -Based Paint at former Fort Ord, Marina, California.

For these parcels to be used as residential lots, parks or for non-restricted use, the City must follow the approved remedy in the RAW from 2006 with the updated lead cleanup goal of 80 mg/kg.

The City must execute an SVA with the California Department of Toxic Substance Control (DTSC) and pay associated fees required for the City of Marina Buildings Blight Removal 2024 Project. The SVA is pursuant to Health and Safety Code section 79055(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at the site.

The purpose of this SVA is to allow the City to investigate, remediate and/or evaluate a release, a threatened release, or potential release of any hazardous substance at or from the site under the oversight of DTSC. The SVA also provides reimbursement to DTSC in the amount of $55,514 for DTSC’s oversight cost.

Wallace Group was directed by the City to prepare bidding documents (plans, specifications, and estimates) for the City of Marina Buildings Blight Removal 2024 Project, Phase 2 of the Barracks Blight Removal . The goal for this project is for the abatement, proper removal, and disposal of the remaining nineteen barracks buildings, one fire station building and miscellaneous debris. There are three locations included in this project; Location 1 (13 bldgs.) located at Second Avenue and Third Street, Location 2 (6 bldgs.) located at Eleventh Street and Location 3 (fire station bldg.) located at 9th Street and California Avenue.

On May 6,2024, the City Tree Committee adopted Resolution 2024 -02, EXHIBIT D, for the removal of twenty-two trees and three ( 3) potential removals on t hree locations for the blight removal. Conditions of Approval, Exhibit B and Arborist Report, Exhibit C are as shown on the Tree Committee Resolution 2024-02.

FISCAL IMPACT:

This action, authorizing the City Manager to enter into a Standard Voluntary Agreement (SVA), with DTSC and pay associated fees for the City of Marina Buildings Blight Removal 2024 Project will have a fiscal impact in the amount of $55,514.

Sufficient funding for this action has been allocated in Capital Improvement Project HSF2101 for Barracks Blight Removal with a funding balance amount to date of $2,386,240.41.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This action, authorizing the City Manager to enter into SVA with the California Department of Toxic Substance Control (DTSC) and pay associated fees and approving advertising and call for bids for the City of Marina Buildings Blight Removal 2024 Project is not a project under CEQA. 2 CONCLUSION:

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

Respectfully submitted,

Elvie Morla-Camacho, P.E., QSD/P
Project Management Services Wallace Group
REVIEWED/CONCUR:

Nourdin Khayata, P.E.

Interim Public Works Director
CSG

Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AUTHORIZING THE CITY MANAGER , OR HIS DESIGNEE, TO ENTER

INTO A STANDARD VOLUNTARY AGREEMENT WITH THE

CALIFORNIA DEPARMENT OF TOXIC SUBSTANCE CONTROL AND PAY

ASSOCIATED FEES AND APPROVING ADVERTISING AND CALL FOR
BIDS FOR THE CITY OF MARINA BUILDINGS BLIGHT REMOVAL 202 4 PROJECT.

WHEREAS, the closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains numerous buildings that served the former Army base which have deteriorated since 1994 and need to be removed as part of the land redevelopment.

WHEREAS, the Fort Ord Reuse Authority (FORA) sunset on June 30, 2020, FORA secured bond funding for blight removal prior to closure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025; and

WHEREAS, on September 15,2020, October 27, 2020, and January 20,2021, the City Council of the City of Marina adopted Resolution No. 2020 -127,2020-140 and 2021 -11, respectively, receiving staff presentation on blight removal and blight removal projects and provides direction to staff on priorities for blight removal; and

WHEREAS, on May 4, 2021, the City Council passed Resolution No. 2021 -42 approving amendment to the Program Management Services and Construction Management and Inspection between the City of Marina and Wallace Group, to add program management and construction management and inspection services for the execution of hazardous material abatement and blighted building removal projects; and

WHEREAS, on November 7, 2023, the City Council passed Resolution 2023 -114 accepting the completion of the City Park Barracks and Cypress Knolls Building Blight Removal 2022 project, Phase 1 of the Barracks Blight Removal; and

WHEREAS, the three parcels, 031 -221-009 (Location 1), 031 -251-005 (Location 2) and 031 - 101-055 (Location 3), included in this project were part of the scope of the original Removal Action Work Plan (RAW; Northgate, 2006) for Soil Impacted by Lead -Based Paint at former Fort Ord, Marina, California . For these parcels to be used as residential lots, parks or for non- restricted use, the City must follow the approved remedy in the RAW from 2006 with the updated lead cleanup goal of 80 mg/kg; and

WHEREAS, the City must execute an SVA with the California Department of Toxic Substance Control (DTSC) and pay associated fees required for the City of Marina Buildings Blight Removal 2024 Project. The SVA is pursuant to Health and Safety Code section 79055(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at the site; and 4 Resolution No. 2024-
Page Two

WHEREAS, the purpose of this SVA is to allow the City to investigate, remediate and/or evaluate a release, a threatened release, or potential release of any hazardous substance at or from the site under the oversight of DTSC. The SVA also provides reimbursement to DTSC in the amount of $55,514 for DTSC’s oversight cost; and

WHEREAS, the Wallace Group was directed by the City to prepare bidding documents (plans, specifications, and estimates) for the City of Marina Buildings Blight Removal 2024 Project , Phase 2 of the Barracks Blight Removal. The goal for this project is for the abatement, proper removal, and disposal of the remaining nineteen barracks buildings, one fire station building and miscellaneous debris. There are three locations included in this project; Location 1 (13 bldgs.) located at Second Avenue and Third Street, Location 2 (6 bldgs.) located at Eleventh Street and Location 3 (fire station bldg.) located at 9th Street and California Avenue. Site plans are shown in Exhibits B and C; and

WHEREAS, on May 6,2024 the City Tree Committee adopted Resolution 2024 -02, Exhibit D, for the removal of twenty-two trees and three (3) potential removals on three locations for the blight removal. Conditions of Approval, “Exhibit B ” and “Arborist Report, Exhibit C ” are as shown on the Tree Committee Resolution 2024-02; and

WHEREAS, sufficient funding for this action has been allocated in Capital Improvement Project HSF2101 for Barracks Blight Removal with a funding balance amount to date of $2,386,240.41.

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

1. Authorized the City Manager , or his designee, to enter into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substance Control (DTSC) , Exhibit A, and pay associated fees for the execution for the City Marina Buildings Blight Removal 2024 Project, and

2. Approved advertising and call for bids for the City Marina Buildings Blight Removal 2024 Project.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 21st day of May 2024, 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 STATE OF CALIFORNIA

ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF TOXIC SUBSTANCES CONTROL
1 Standard Voluntary Agreement Model January 23, 2024
In the Matter of:

City of Marina Blight Removal 2024
Marina, California 93933
Proponent:

City of Marina
209 Cypress Avenue
Marina, California 93933
Docket No. HSA-FY23/24-122
Standard Vol
untary Agreement
Health and Safety Code
Section 79055(a)(1)(C)
The Californi
a Department of Toxic Substances Control (DTSC) and City of Marina (Proponent) enter into this Standard Voluntary Agreement (Agreement) and agree as follows:

1. Sites. This A greement applies to several properties located in the former Fort Ord within the City of Marina in California (Sites), and any offsite areas to which hazardous substances have, or may have, migrated from these Sites. A list of the Sites currently included in this Agreement, along with locational information, is provided in Exhibit A. The specific physical description of each Site shall be incorporated into individual Site documents. Site location maps and Site diagrams for Sites currently included in this Agreement are provided in Exhibit B. Additional Sites may be added to this Agreement as proposed by the Proponent and acknowledged by DTSC in accordance with Sections 7 and 18.

2. Jurisdiction. This Agr eement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 79055(a)(1)(C), which authorizes DTSC to enter into an enforceable agreement to oversee investigation and/or remediation of a release or a threatened release of any hazardous substance at or from the Site.

3. Purpose. The purpose of this Agreement is for Proponent to investigate, remediate, and/or evaluate a release, a threatened release, or a potential release of any hazardous substance at or from the Site under the oversight of DTSC. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred pursuant to this Agreement.

4. Ownership and Notification.

4.1. The Sites are owned by the City of Marina.

4.2. Prior to DTSC providing oversight or review or comment on any document, Proponent shall provide DTSC with all of the following: (a) proof of the identity of all current record owners of fee title to the Site and their mailing addresses;

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024
(b) written evidence that the owners of record have been sent a notice that describes the actions completed or proposed by Proponent; and (c) an acknowledgment of the receipt of the notice required in subparagraph (b) from the property owners or proof that Proponent has made reasonable efforts to deliver the notice to the property owner and was unable to do so.

4.3. Proponent shall notify DTSC of any changes in ownership of the Site subsequent to the Effective Date of this Agreement and provide written evidence that Proponent notified the new owner(s) of record of the actions completed or proposed by Proponent under this Agreement.

5. Substances Found at the Site. Based on
the information available to
DTSC and Proponent, the Site is or may be contaminated with hazardous substances, including lead.

6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent’s deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling and remedial activities, as appropriate. Proponent agrees to perform all the work required by this Agreement.

Proponent shall perform the work in accordance with applicable local, state, and federal statutes, regulations, ordinances, rules, and guidance documents, in particular, Health and Safety Code section 78000 et seq., as amended.

7. Additional Activities and Sites. DTSC
and Proponent may amend this
Agreement to include additional activities or Sites, in accordance with Paragraph 18 of this Agreement. If DTSC expects to incur additional oversight costs for these additional activities or Sites, it will provide an estimate of the additional oversight costs to Proponent.

8. Endangerment During Implementation.

8.1 Proponent shall notify DTSC’s Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DTSC, signed by Proponent’s Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto.

8.2 In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent

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Standard Voluntary Agreement Model January 23, 2024
implement interim measures to address any immediate threat or imminent or substantial endangerment.

9. Access. Proponen t shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of law.

10. Sampling, Data and Document Availability. When req uested by DTSC, Proponent shall make available for DTSC’s inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Format (pdf) file compatible with Adobe Acrobat or a formatted file compatible with Microsoft Word. Proponent shall provide the electronic copy via EnviroStor’s Electronic Submittal of Information (ESI) portal unless otherwise instructed by DTSC. Additionally, Proponent shall upload sampling data to the ESI portal in the Electronic Deliverable Format (EDF). Proponent shall provide the electronic copy via EnviroStor’s ESI portal unless otherwise instructed by DTSC.

Additionally, Proponent shall upload sampling data to the ESI portal in the EDF.

11. Photographs and Drawings. Upon re
quest by DTSC, Proponent shall
provide DTSC with photographs Proponent has in its possession of the Site and activities at the Site, as well as drawings Proponent has in its possession in connection with redevelopment plans for the Site. Proponent shall allow DTSC to take photographs of the Site, including activities at the Site, whenever DTSC accesses the Site pursuant to Paragraph 9. Proponent grants DTSC the right to distribute, transmit, publish, or copy, in any medium, either in whole or in part, the photographs or drawings DTSC obtains pursuant to this paragraph for any use, including, but not limited to, project documentation, public outreach, web and social media content, and marketing materials. This paragraph does not apply to drawings that contain confidential business information.

12. Record Preservation. Proponent
shall retain, during the implementation of
this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. If DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent’s expense prior to destruction.

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Standard Voluntary Agreement Model January 23, 2024

13. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pursuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement.

14. Project Managers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. The Proponent's Project Manager shall have the technical expertise in project management, regulatory compliance, and hazardous substance site investigation and remediation sufficient to fulfill his or her responsibilities. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in their absence.

All communications between DTSC and Proponent, and all notices, documents, and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice.

15. Proponent’s Consultant and Contractor. All en
gineering work performed
pursuant to this Agreement shall be under the direction and supervision of a registered professional engineer licensed in California, with expertise in hazardous substance site investigation and remediation. All geological work performed pursuant to this Agreement shall be under the direction and supervision of a registered professional geologist licensed in California, with expertise in hazardous substance site investigation and remediation. Proponent's contractors and consultants shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC’s Project Manager in writing of the name, title, and qualifications of the registered professional engineer and/or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835.

16. DTSC Review and Approval. All w
ork performed pursuant to this
Agreement is subject to DTSC’s review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in writing by DTSC's Branch Chief or their designee. No informal advice, guidance, suggestions, or comments by DTSC regarding reports, plans, specifications,

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024
schedules, or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals.

17. Payment.

17.1 Proponent is required to pay (a) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement; and (b) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents and activities described in Exhibit C, associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice.

17.2 An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an adjusted cost estimate as the work progresses.

Prior to adjusting the cost estimate, DTSC will provide Proponent with a written notice and a detailed explanation of the change to the cost estimate. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 30 days of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced to DTSC by Proponent.

17.3 In anticipation of oversight activities to be conducted, Proponent shall make an advance payment of $27,757 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight and review of or comment on documents. DTSC will draw-down from the advance payment, which will be documented in DTSC’s invoice. When the advance payment is depleted, DTSC will continue to request payment through the invoice process.

17.4 All payments made by Proponent pursuant to this Agreement shall be by check payable to the “Department of Toxic Substances Control” and bearing on its face the project code for the Site (Site # 102548-11) and the docket number HSA-FY23/24- 122 of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to:

Accounting Office
Department of Toxic Substances Control
P.O. Box 806
Sacramento, California 95812-0806

A photocopy of the check shall be sent concurrently to DTSC's Project Manager.

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024

17.5 DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents that support DTSC's cost determination available for inspection upon request in accordance with the California Public Records Act, Government Code section 7920 et seq.

17.6 In addition to direct costs incurred by DTSC, DTSC also bills its indirect costs associated with direct staff costs. Such indirect costs are only applied to DTSC direct labor costs and not to DTSC contractor costs or DTSC staff travel costs. DTSC calculates separate indirect cost rates (salary/benefits and general operating costs) for each of its major programs (Site Mitigation and Restoration, Hazardous Waste Management, and Safer Products and Workplaces Programs). Because the ratio of direct to indirect costs varies among DTSC’s various programs, the indirect cost rates associated with those programs will also vary. Pursuant to Health and Safety Code section 25269.4, DTSC calculates and updates its indirect cost rates every six months.

These indirect rates are reflected in the Cost Estimate in Exhibit D.

18. Amendments. This
Agreement may be amended in writing by mutual
agreement of DTSC and Proponent. Such amendment shall be effective three business days after the date of signature by DTSC’s authorized representative after the amendment is first signed by Proponent’s authorized representative. The parties may agree to a different effective date.

19. Termination for Convenience.

19.1 Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason.

Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under this paragraph, Proponent shall be responsible for DTSC’s costs through the effective date of termination.

19.2 If operation and maintenance activities are required for the final remedy, Proponent may not terminate the Agreement under Paragraph 19.1 upon DTSC’s approval of an Operation and Maintenance Plan as proposed by Proponent, unless an Operation and Maintenance Agreement is entered into between DTSC and Proponent or between DTSC and a party responsible for the required operation and maintenance activities.

20. Calendar of Tasks and Schedules. The at
tached Exhibit E (Calendar of
Tasks and Schedules) is merely for the convenience of listing in one location the submittals required by this Agreement. The Calendar of Tasks and Schedules lists activities specific to this project based on the available information. DTSC and Proponent shall make a reasonable effort to complete the activity within the schedule

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024
outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement.

If Proponent is unable to meet the activity’s schedule, Proponent will notify DTSC’s Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity’s schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date.

21. Incorporation of Exhibits, Plans and Reports. All
exhibits are incorporated
into this Agreement by reference. All plans, schedules, and reports that require DTSC’s approval, and are submitted by Proponent pursuant to this Agreement, are incorporated in this Agreement upon DTSC’s approval.

22. Reservation of Rights. DTSC reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses, and remedies available under applicable laws.

23. Non-Admissio
n of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws.

24. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, or release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site.

25. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement.

26. Third Party Actions. In the ev
ent that Proponent is a party to any suit or
claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas.

27. California Law. This A greement shall be governed, performed, and interpreted under the laws of the State of California.

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Standard Voluntary Agreement Model January 23, 2024

28. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement.

29. Parties Bound. This Ag reement applies to and is binding, jointly and severally, upon Proponent and its agents, receivers, trustees, successors and assignees, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. Proponent shall ensure that its contractors, subcontractors and agents receive a copy of this Agreement and comply with this Agreement.

30. Effective Date. The eff
ective date of this Agreement is the date of
signature by DTSC’s authorized representative after this Agreement is first signed by Proponent’s authorized representative. Except as otherwise specified, “days” means calendar days.

31. Representative Authority. Each under signed representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement.

32. Counterparts. This A greement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts shall together constitute one and the same document. This Agreement and documents related to it may be executed and transmitted by facsimile or pdf copy, which copies shall be deemed to be, and utilized in all respects as, an original. However, Proponent must provide the wet-inked signed original of each counterpart to DTSC by mail within 14 calendar days of signing.

Date:

Dominique Forrester, P.E.

Acting Branch Chief
Site Mitigation and Restoration Program
Department of Toxic Substances Control

Date:

Layne Long
City Manager
City of Marina

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024

LIST OF EXHIBITS TO THE AGREEMENT

EXHIBIT A: SITE LIST
EXHIBIT B: SITE LOCATION MAPS AND DIAGRAMS
EXHIBIT C: SCOPE OF WORK
EXHIBIT D: COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
EXHIBIT E: CALENDAR OF TASKS AND SCHEDULE

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024

EXHIBIT A

SITE LIST
SITE NAME ADDRESS ASSESSOR’S

PARCEL NUMBERS
(APNs)

APPROXIMATE SITE

AREA (IN ACRES)

SITE CODE
Site 1 (Park) West of intersection of 2nd
Avenue and 3rd Street (Inter-
Garrison Road)
031-221-009-000 4 102548-11
Site 2 (Offices) Northwest of intersection of
11th Street and 12th Street
031-251-005-000 1.3 102548-11
Site 3 (Open Space) Southeast of intersection of 9th
Avenue and 5th Avenue
(California Avenue)
Portion of 031-101-
055-000

0.5 102548-11

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024

EXHIBIT B

SITE LOCATION MAPS AND DIAGRAMS

EXHIBIT A
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SITE 1 (PARK)

EXHIBIT A
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SITE 2 (OFFICES)

EXHIBIT A
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SITE 3 (OPEN SPACE)

EXHIBIT A
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Standard Voluntary Agreement Model January 23, 2024

EXHIBIT C

SCOPE OF WORK
The following tasks may be completed as part of this Agreement:

TASK 1 Document Review
Proponent will submit to DTSC available background information, environmental assessment reports, and any other information pertinent to the hazardous substance management, release, characterization, and/or cleanup of the Site. DTSC may review some or all the information to identify areas and media of concern and to determine the additional work, if any, required to complete the investigation (which includes assessment/evaluation activities not requiring field sampling) and/or remediation of the Site. Proponent may also provide environmental investigation and/or cleanup-related documents for a specific review to determine if actions conducted without DTSC oversight were protective of human health and the environment. The information submitted by Proponent shall be reviewed for conformance with DTSC standards for quality assurance/quality control, investigation, and remediation.

Based on DTSC’s review, these documents may be considered to be Preliminary Endangerment Assessment equivalent documents.

Subsequent to its review, DTSC may issue correspondence to the Proponent describing deficiencies of the environmental investigation or cleanup, indicate a limited concurrence with the findings, or make a different determination based on specific circumstances and documents included in the review. For projects where the scope of work is limited to document review only, a formal scoping meeting may not be required, based on mutual agreement between DTSC and the Proponent.

TASK 2 Scoping Meeting
Scoping meetings are required for all voluntary projects where investigation or cleanup is an anticipated aspect of the scope of work; these are conducted shortly after the agreement has been executed, or depending on specific circumstances, may be held during the agreement-negotiation period. During the scoping meeting, potential issues, concerns, opportunities to optimize and expedite the investigation (which includes assessment/evaluation activities not requiring field sampling) and cleanup process, as applicable, and end-points/exit criteria will be discussed.

An abbreviated version of the scoping meeting is recommended prior to submittal of work plans
, reports and cleanup plans to ensure that both the Proponent and DTSC are moving forward with clear and well-defined expectations.

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Standard Voluntary Agreement Model January 23, 2024
The following elements may be addressed during the Scoping Meeting:
a) Site Objectives: current and proposed future land uses and redevelopment plans and timetables, etc.
b) Site History: historic operations and land uses, chemical uses, hazardous substance releases, permits, etc.
c) Conceptual Site Model: identification of size, location, geology, lithology, hydrogeology, areas of concern, contaminants of concern, recognized environmental conditions, historic sampling locations and results, data gaps, risk assessments, offsite concerns, etc.
d) Scope of Work: scope of work (phases) as specified in the Agreement based on the available information and preliminary document review; may include discussion about the cleanup determination (e.g., “No Further Action”) and decision document proposed for the Site, e.g., Preliminary Endangerment Assessment, Removal Action Work Plan for removal action with costs below $2 million, or Remedial Action Plan for projects exceeding $2 million in capital costs, or proposing innovative technologies, etc.
e) Data Quality Objectives and Remedial Action Objectives: discussion of specific Data Quality Objectives to ensure that appropriate data of sufficient quality is collected to facilitate decision-making; discussion of potential cleanup goals and objectives.
f) Risk Assessment and Models: evaluation of published screening levels, if available and appropriate, or use of project-specific risk assessments; discuss risk management and risk communication strategies.
g) California Environmental Quality Act (CEQA) requirements: identification of project-specific requirements where applicable, e.g., cultural resources, traffic concerns, ecological resource protection, etc.; identify what DTSC’s CEQA role is predicted to be, which documents will be developed, and how to integrate CEQA needs within the overall schedule.
h) Public Participation & Tribal Outreach: discussion of community and tribal involvement and public outreach process, methods, translation needs, and schedule.
i) Schedule: agreed-upon submittal and review dates and timelines for work plans, fact sheets, reports and other key documents; development of optimal sequencing of activities to efficiently reach project goals. j) Resources: review checklists, quick reference sheets, and templates are available for use by those developing documents for DTSC review and approval. (These tools will be periodically updated and may be made available to Proponents by the DTSC Project Manager.)

EXHIBIT A
21 17
Standard Voluntary Agreement Model January 23, 2024
k) Exit Strategy & Completion of Agreement: proposed future land use, Site acquisition and construction dates, funding limitations or requirements, approval for occupancy, etc. to ensure alignment of Proponent and DTSC goals. l) Site Visit: A visit to the Site will be conducted to verify and confirm current conditions and project discussions; the visit may take place on the same date as the scoping meeting. Subsequent visits may be needed if Site conditions change, if new staff are assigned, or for field oversight.

TASK 3 Preliminary Endangerment Assessment (PEA)
Proponent shall conduct a PEA or utilize PEA-equivalent documentation to determine whether a release or threatened release of hazardous substances exists at the Site, which poses a threat to human health or the environment. The PEA shall be conducted in accordance with the most current DTSC guidance manual for evaluating hazardous substance release sites titled, Preliminary Endangerment Assessment Guidance Manual, State of California, Environmental Protection Agency, Department of Toxic Substances Control. Specific requirements of the PEA that are not typically required for other types of investigations include the site-specific human health and ecological screening evaluations, public participation requirements, data collection, and scoping activities.

Documents are required as part of the PEA are:

3.1 PEA Work Pl
an. This work plan shall include a sampling plan designed to determine the type and general extent of contamination at the Property; a health and safety plan addressing health and safety issues and safe work practices; and a quality assurance/quality control plan to produce data of known quality.

3.2 PEA Report. T his report will document whether a release has occurred, or threatened release exists, the threat the Site poses to human health and the environment, and whether further action is necessary.

3.3 PEA with a Land Use Covenant. If a land use c
ovenant (LUC) is implemented
during the PEA phase as a final remedy, Proponent, under the direction of DTSC, will comply with applicable public notice requirements and requirements to notify the current and adjacent property owners.

TASK 4 Supplemental Site Investigation (SSI)

4.1 SSI Work Plan. Proponent will submit a work plan that describes the activities proposed to further characterize soil, soil gas, surface water and/or groundwater.

The work plan should also include a health and safety plan, quality assurance/quality control plan, sampling plan, and implementation schedule.

Proponent will begin implementation of the approved work plan in accordance with

EXHIBIT A
22 18
Standard Voluntary Agreement Model January 23, 2024
the approved implementation schedule. DTSC may provide oversight of work plan implementation.

4.2 SSI Report. Propone nt will submit an SSI Report that, at a minimum, presents the data, summarizes the findings of the investigation, validates the data, and includes recommendations and conclusions.

TASK 5 Health Risk Assessment
Proponent will conduct a risk evaluation consistent with U.S. EPA Risk Assessment Guidance for Superfund and the most current version of the applicable DTSC guidance documents. This evaluation must identify chemicals of concern and potential routes of exposure; characterize the potential risk and/or non-cancer hazard; evaluate potential threats to environmental receptors; consider existing and contemplate uses; and identify cleanup goals.

TASK 6 Remedy Selection Document

6.1 Removal Action Work Plan. If DTSC determines a removal action is appropriate, Proponent will prepare a Removal Action Work Plan (RAW) in accordance with Health and Safety Code sections 78130, 78168, and 79195–79240.

The Removal
Action Work Plan will include:
• A description of the onsite contamination;
• The goals to be achieved by the removal action;
• An analysis of the alternative options considered and rejected and the basis for that rejection. This should include a discussion for each alternative which covers its effectiveness, implementability and cost;
• A description of the recommended alternative (including any required land use covenants, financial assurance, and operation and maintenance plan and agreement requirements.);
• Administrative record list;
• Sampling and Analysis Plan with corresponding Quality Assurance Plan to confirm the effectiveness of the RAW, if applicable; and • Health and Safety Plan describing methods that will be employed during the removal action to ensure the health and safety of workers and the public during the removal action. A detailed community air monitoring plan shall be included if requested by DTSC.

6.2 Remedial Action Plan. If th
e proposed removal action does not meet the
requirements of Health and Safety Code section sections 79225, 79230, and

EXHIBIT A
23 19
Standard Voluntary Agreement Model January 23, 2024
79235, Proponent will prepare a Remedial Action Plan (RAP) in accordance with Health and Safety Code section 79200 for DTSC review and approval.

The RAP summarizes the results of the site characterization, risk evaluation, and feasibility study and sets forth in detail appropriate steps to remedy soil, surface water, and groundwater contamination at the Site and adjacent areas. In addition, the RAP shall contain a schedule for implementation of all proposed removal and remedial actions.

TASK 7 California Environmental Quality Act (CEQA)
In order to meet CEQA obligations, DTSC will prepare the necessary CEQA documents.

If required, the Proponent shall submit the information necessary for DTSC to prepare these documents.

TASK 8 Remedial Design and Implementation Plan
Proponent will either (a) prepare and submit a Remedial Design and Implementation Plan (RDIP) in accordance with the agreed upon schedule contained in the approved Remedy Selection Document; or (b) depending on the complexity of the proposed removal or remedial action, incorporate the factors typically addressed in a RDIP into the Remedy Selection Document.

The factors typically addressed in a RDIP are:
a) technical and operational plans and engineering designs for implementation of the approved remedial or removal action alternative(s); b) a schedule for implementing the construction phase;
c) a description of the construction equipment to be employed; d) a site specific hazardous waste transportation plan (if necessary); e) any required registration requirements for contractors, transporters, and other persons conducting the removal and remedial activities for the Site; f) post-remedial sampling and monitoring procedures for air, soil, surface water, and groundwater;
g) operation and maintenance procedures and schedules;
h) a health and safety plan; and
i) a community air monitoring plan, if required by DTSC.

TASK 9 Implementation of Remedy
Upon DTSC approval of the final RAW or RAP and RDIP (if required), the Proponent shall implement the remedy, as approved.

EXHIBIT A
24 20
Standard Voluntary Agreement Model January 23, 2024
TASK 10 Remedial Action Completion Report
Proponent shall submit a report documenting the implementation of the final RAW or RAP and RDIP and noting any deviations from the approved plan.

During implementation of the final RAW or RAP and RDIP, DTSC may specify such additions, modifications and revisions to the RAW or RDIP as deemed necessary to protect human health and safety or the environment or to implement the RAW or RAP.

TASK 11 Public Participation
DTSC requires that specific public engagement activities be conducted for projects undergoing a PEA, RAW, or RAP. However, based on the level of community interest, media interest, sensitive land uses, demographics and other factors, as determined by DTSC, public engagement activities may be requested for other project types as well.

Proponent w
ill be responsible for all costs associated with the translation and/or interpretation of public participation content required under DTSC’s policies, procedures, guidance documents, and state and federal law.

The following tasks apply only if a RAW or RAP is being required by DTSC:

11.1 Proponent shall conduct appropriate public participation activities given the nature of the community surrounding the Site and the level of community interest, if needed. Proponent shall work cooperatively with DTSC to ensure that the affected and interested public and community are involved in DTSC's decision-making process. Any such public participation activities shall be conducted in accordance with Health and Safety Code section 78930 and DTSC’s review and approval. If conducting a RAP, any such public participation activities shall also be conducted in accordance with Health and Safety Code sections 79210 and 79215.

11.2 A scoping meeting regarding the RAW or RAP will include a discussion on the appropriate activities that will be conducted to address public participation.

11.3 DTSC may conduct an assessment of community interest in the Site, which may include, but will not be limited to, the development of a survey, outreach to local elected and public officials and community members, distribution of the survey through mail and/or social media, analysis of survey results, and community interviews. Results of the survey will be shared with the Proponent and should be included in the community profile.

EXHIBIT A
25 21
Standard Voluntary Agreement Model January 23, 2024

11.4 Proponent, working collaboratively with DTSC, shall prepare a community profile to examine the level of the community's knowledge of the Site; the types of community concerns; the proximity of the Site to homes and/or schools, day care facilities, churches, etc.; the current and proposed use of the Site; media interest; surrounding land uses; demographic profile and languages; CalEnviroScreen results; information repositories; recommended public engagement activities; and involvement of community groups and elected officials. The community profile may also include a quarter-mile radius mailing list for the Site, a list of applicable elected officials, and any known community members who may have expressed an interest in the Site.

11.5 Proponent, working collaboratively with DTSC, shall develop and submit fact sheets or community updates to DTSC for review and approval when specifically requested by DTSC. Proponent may be responsible for printing and distribution of fact sheets or community updates upon DTSC approval using the approved community mailing list.

11.6 Proponent, as directed by DTSC, shall publish, in a major local newspaper(s), a public notice announcing the availability of the RAW/RAP for public review and comment. The public comment period shall last a minimum of 30 days.

11.7 DTSC may require that Proponent hold a public meeting to inform the public of the proposed activities and to receive public comments on the RAW/RAP.

11.8 After the close of the public comment period, DTSC will prepare a response to the public comments received. If required, Proponent shall submit the information necessary for DTSC to prepare this document.

11.9 If appropriate, Proponent will revise the RAW/RAP on the basis of comments received from the public and submit the revised RAW/RAP to DTSC for review and approval. If significant or fundamental changes are required, additional public participation activities, including an additional review and comment period, may be required. Proponent will also notify the public of any significant changes from the action proposed in the RAW/RAP.

TASK 12 Tribal O
utreach and Consultation
DTSC’s assigned Project Manager will coordinate with DTSC’s Office of Environmental Equity to ensure compliance with DTSC’s Tribal Consultation Policy. This process may include consultation with California tribes to determine whether or not they have an interest in Site activities.

EXHIBIT A
26 22
Standard Voluntary Agreement Model January 23, 2024
TASK 13 Land Use Covenant (LUC)
A LUC pursuant to California Code of Regulations, title 22, section 67391.1 may be necessary to ensure full protection of the environment and human health. DTSC may require such a LUC in a DTSC-approved remedy based on a RAW, RAP, PEA, or other decision document. If Proponent is the owner of the Site, Proponent agrees to record the LUC as approved by DTSC within 10 days of receipt of a fully executed original.

If the Proponent is not the owner of the Site and a LUC is required, Proponent will work with the
owner to provide DTSC with written confirmation that the owner will cooperate in implementing the DTSC-approved remedy, which may include a LUC. The Proponent must provide DTSC with the owner’s written confirmation prior to the date the draft decision document is to be circulated for public notice and comment. If the Proponent is unable to provide DTSC with written confirmation from the owner, a LUC may not be executed for the Site and the proposed remedy will be reevaluated.

TASK 14 Operation and Maintenance (O&M)
Proponent shall comply with any and all O&M requirements in accordance with the final RAW, final RAP, or a DTSC-approved RDIP or O&M Plan. If deemed necessary, DTSC may require Proponent to enter into an O&M Agreement with DTSC.

TASK 15 Financial Assurance
Proponent shall establish and maintain a financial assurance mechanism pursuant to California Health and Safety Code sections 79310–79330 for DTSC’s costs incurred in overseeing these activities prior to implementing any required O&M activities, LUC-related activities, and five-year review activities. Proponent shall demonstrate and maintain one or more of the financial assurance mechanisms set forth in the California Code of Regulations, title 22, section 66265.143(a)–(e).

TASK 16 Discontinuation of Remedial Technology
Any remedial technology employed in implementation of the final RAP/RAW shall be left in place and operated by Proponent until and except to the extent that DTSC authorized Proponent in writing to discontinue, move or modify some or all of the remedial technology because Proponent has met the criteria specified in the final RAW/RAP for its discontinuance, or because the modifications would better achieve the goals of the final RAW/RAP.

EXHIBIT A
27 23
Standard Voluntary Agreement Model January 23, 2024
TASK 17 Health and Safety Plan
The Proponent will submit a Site Health and Safety Plan in accordance with California Code of Regulations, title 8, section 5192. The Health and Safety Plan shall be submitted before field activities begin.

TASK 18 Quality Assurance/Quality Control (QA/QC) Plan
All sampling and analysis conducted by Proponent under this Agreement shall be performed in accordance with a QA/QC Plan submitted by Proponent and approved by DTSC. The QA/QC Plan will describe:
a) The procedures for the collection, identification, preservation and transport of samples;
b) The calibration and maintenance of instruments;
c) The processing, verification, storage and reporting of data, including chain of custody procedures and identification of qualified person(s) conducting the sampling and of a laboratory certified or approved by DTSC pursuant to Health and Safety Code section 25198; and
d) How the data obtained pursuant to this Agreement will be managed and preserved in accordance with the Preservation of Documentation section of this Agreement.

EXHIBIT A
28 24
Standard Voluntary Agreement Model January 23, 2024

EXHIBIT D

COST ESTIMATE FOR DTSC OVERSIGHT SERVICES
DTSC has provided an estimate of the anticipated total oversight costs. In the event that DTSC determines that further action is needed, additional tasks may be requested.

EXHIBIT A
29 25
Standard Voluntary Agreement Model January 23, 2024

EXHIBIT E

CALENDAR OF TASKS AND SCHEDULE
Activity Schedule
Scoping Meeting During Agreement negotiation, or shortly after Agreement execution based on DTSC
evaluation of project needs
Advance Payment Within 10 days of Agreement execution
Submit existing data Within 10 days of Agreement execution, or as requested by DTSC
DTSC Completion of
Document Review
Within 30-45 days of receipt of documents
included in review and/or completion of Scoping
Meeting
Submit investigation work
plan
Within 30 days of scoping meeting, or as
decided during scoping meeting
DTSC decision on
investigation work plan
Within 75 days of date received by DTSC1
Submit investigation report Within 45 days of completion of field work2 DTSC decision on
investigation report
Within 100 days of receipt by DTSC1. May
include recommendation for further investigation
or cleanup, no further action, or no further action
with conditions.

Submit draft cleanup plan As directed by DTSC
Submit Community Profile Within 30 days of DTSC’s request Submit CEQA
documentation
Concurrent with the cleanup plan

1 Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC’s direction, and that responses to DTSC questions and/or comments are received in a timely manner.
2 If workplan activities are not initiated within six months of the date of DTSC approval, DTSC may require additional investigation, public participation activities, and/or revision to the document.

EXHIBIT A
30 26
Standard Voluntary Agreement Model January 23, 2024
Activity Schedule
Public Review/Comment
Period, mailing of fact sheet
to site mailing list and
placement of public notice.

Upon DTSC’s approval of cleanup plan for
public review and comment.

DTSC decision on cleanup
plan
DTSC to approve cleanup plan, if appropriate,
after addressing public comments, within ~150
days of receipt of draft1.

Implement cleanup Within 90 days of DTSC approval of cleanup plan, or as directed by DTSC in conjunction with
Proponent3
Submit cleanup completion
report
Within 90 days from the date of implementation
of cleanup plan
DTSC decision on cleanup
completion report
Within 100 days of received by DTSC1. May
include recommendation for no further action, or
no further action with conditions.

Submit Operation and
Maintenance Plan
As directed by DTSC
Operations and Maintenance
Agreement
As directed by DTSC
Land Use Covenant As directed by DTSC
Invoices DTSC issues quarterly
Cost estimate and Scope of
Work Updates and
Amendments
DTSC updates the scope and cost estimate
annually, or as needed, based on work needed
to complete the Agreement. Amendments are
issued on an as-need basis.

1 Note that DTSC approvals in the target timeframes are contingent upon receiving documents that meet industry standards, comply with DTSC’s direction, and that responses to DTSC questions and/or comments are received in a timely manner.
3 If cleanup plan activities are not initiated within one year of the date of DTSC approval, DTSC may require additional investigation, public participation activities, or revision to the document .

EXHIBIT A
31 ELVIRA MORLA-CAMACHO

C I V I L

REGISTERED PROFESSIONAL ENGINEER

STATE OF CALIFORNIA
BUILDINGS BLIGHT REMOVAL 2024 PROJECT

FOR THE

CITY OF MARINA

FOR USE IN CONJUNCTION WITH THE PROJECT PLANS SPECIFICATIONS, THE STANDARD DETAILS OF THE CITY OF MARINA,

THE CALIFORNIA BUILDING CODE, THE STANDARD SPECIFICATIONS OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DATED 2018, AND RELATED LOCAL CODES.

NO SHEET ID DESCRIPTION
1 T-1 TITLE SHEET
2 GN-1 GENERAL NOTES
3-5 DM-1 TO DM-3 DEMOLITION PLAN
6-8 DM-4 TO DM-6 TREE REMOVAL PLAN
9-14 WPC-1 TO WPC-5 WATER POLLUTION CONTROL PLAN
15-17 U-1 TO U-3 UTILITY PLAN
32 ELVIRA MORLA-CAMACHO

C I V I L

REGISTERED PROFESSIONAL ENGINEER

STATE OF CALIFORNIA
33 ELVIRA MORLA-CAMACHO

C I V I L

REGISTERED PROFESSIONAL ENGINEER

STATE OF CALIFORNIA
34 ELVIRA MORLA-CAMACHO

C I V I L

REGISTERED PROFESSIONAL ENGINEER

STATE OF CALIFORNIA
35 EXHIBIT D
36 EXHIBIT D
37 EXHIBIT D
38 EXHIBIT D
39 EXHIBIT D
40 EXHIBIT D
41 EXHIBIT D
42 EXHIBIT D
43 EXHIBIT D
44 EXHIBIT D
45 EXHIBIT D
46 EXHIBIT D
47 EXHIBIT D
48 EXHIBIT D
49 EXHIBIT D
50 EXHIBIT D
51 EXHIBIT D
52 EXHIBIT D
53 EXHIBIT D
54 EXHIBIT D
55 EXHIBIT D
56 EXHIBIT D
57 EXHIBIT D
58 EXHIBIT D
59 EXHIBIT D
60 EXHIBIT D
61 EXHIBIT D
62 EXHIBIT D
63 EXHIBIT D
64 May 14, 2024 Item No. 11a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 21, 2024

CITY COUNCIL OPEN PUBLIC HEARING, TAK E TESTIMONY
FROM THE PUBLIC AND CONSIDER ADOPTING RESOLUTION NO.
2024-, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING
LEVY OF $180.78 FOR THE FY 2024-25 ASSESSMENT FOR THE

CYPRESS COVE II LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT; AND AUTHORIZING THE CITY CLERK TO FILE A

CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH

THE MONTEREY COUNTY AUDITOR -CONTROLLER PRIOR TO
AUGUST 1, 2024

REQUEST:

It is requested that the City Council:

1. Open public hearing and take testimony from the public;

2. Consider adopting Resolution No. 20 24-, confirming diagram, assessment and ordering levy of $180.78 for the FY 2024-25 assessment for the Cypress Cove II Landscape Maintenance Assessment District; and

3. Authorize City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller prior to August 1, 2024.

BACKGROUND:

At the regular meeting of June 16, 1987, the City Council adopted Resolution No. 1987-23, ordering the formation of the Cypress Cove II Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

The Landscaping and Lighting Act of 1972 requires an annual update report to be prepared, which includes the costs to maintain the improvements of the Cypress Cove II Landscape Maintenance Assessment District and what the proposed assessments will be to provide for that maintenance.

At the regular meeting of May 7, 202 4, the City Council adopted Resolution No. 2024-36, receiving the FY 2024-25 Engineer’s Report for the Cypress Cove II Landscape Maintenance Assessment District and calling a public hearing for May 21, 2024, on the proposed intention to levy and collect assessments for the District.

ANALYSIS:

Based on the Engineer’s Report (EXHIBIT A), the annual assessment has been set in the amount of $180.78. This is the same amount as last year’s assessment and is the upper limit set by the assessment district at its formation in 1987. This current annual assessment of $180.78 has not changed since 2004.
1 The Contractor completed the first phase of site restoration by replacing and relocating the water backflow preventor this fiscal year. Plans to continue site restoration has ceased due to requests from various Residents of the District for a community-wide outreach approach to improvements in the District.

Staff held two community outreach meetings with District Residents on March 22 and 27.

During these two meetings, residents expressed their dissatisfaction with tree maintenance due to a low assessment rate and their unanimous desire to assess the health of the Cypress Trees in the District. Since over 70 District Cypress Trees were planted back in 1987, a general lack of adequate maintenance due to poor funding has led to several trees dying or being uprooted during unprecedented weather events . Residents have a vested interest in the health of existing trees and the best management practices necessary to care for them. Staff requested a cost proposal from the City’s on -call consultant arborist Denise Duffy & Associates to provide the assessment report requested by the Residents and to help answer questions directly from the District regarding how to better care for the trees moving forward.

Once the Arborist report is completed, a comprehensive multi -year plan will be developed and presented to the District in a series of community outreach meetings to discuss maintenance plan costs and next steps for a Proposition 218 vote to adequate fund the maintenance plan.

FISCAL IMPACT:

Costs associated with the Arborist Report and planned community outreach meetings are detailed in Exhibit B of the Engineer’s Report. Should the City Council approve this request, the anticipated revenue for the FY 2024-25 assessment levy of $19,885.80 should be adequate for the purpose of the landscape maintenance district.

Levying of the assessment is the first step to collect the assessments to fund the landscape maintenance district.

CONCLUSION:

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

Respectfully submitted,

_____________________________
Edrie Delos Santos, P.E.

Public Works Department
City of Marina

REVIEWED/CONCUR:

_____________________________
Nourdin Khayata, P.E.

Interim Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING LEVY OF $180.78 FOR FY 2024-25 ASSESSMENT FOR THE CYPRESS COVE II LANDSCAPE

MAINTENANCE ASSESSMENT DISTRICT AND AUTHORIZING THE CITY CLERK

TO FILE A CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR-CONTROLLER PRIOR TO AUGUST 1, 2024

WHEREAS, on June 16, 1987, the City ordered the formation of the Cypress Cove II Landscape Maintenance District pursuant to Streets and Highway Code §22594, and;

WHEREAS, the City Engineer filed the Engineer's Report, fiscal year 2024-2025, required by Streets and Highways Code §22622 for said District, and;

WHEREAS, on May 7, 2024, the City received said Engineer's Report, declared its intention to levy and collect assessments within said District and set a hearing to ascertain whether the City shall order the levy and assessment of said assessment, and;

WHEREAS, said public hearing was held on May 21, 2024, and;

WHEREAS, levying of the assessment is the first step to collect the assessments to fund the landscape maintenance districts, and;

WHEREAS, provisions of this resolution are severable and if anyone provision is determined to be impermissible then the remainder of the resolution shall remain in full force and effect, and;

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

1. The City does hereby confirm the diagram and assessment as described in the Engineer's Report on file with the City Clerk.

2. The City does hereby order the levy and collection of said assessment, $180.78, for FY 2024-25 assessment for Cypress Cove II Landscape Maintenance Assessment District.

3. It is the intention of the City of Marina that any monetary advance mad e by it during any fiscal year to cover a deficit in the improvement fund of the Cypress Cove II Landscape Maintenance Assessment District shall be repaid from the next annual assessments levied and collected within the Cypress Cove II Landscape Maintenance Assessment District.

4. The City Clerk is hereby authorized and directed to file a certified copy of said diagram and assessment with the Monterey County Auditor prior to August 1, 2024.

3 Resolution No. 2024-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of May 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

4 CITY OF MARINA

MONTEREY COUNTY

CALIFORNIA

PRESS COVE II

LANDSCAPE MAINTENANCE

ASSESSMENT DISTRICT

ENGINEER'S REPORT

FY 2024-2025

C
ouncil Members:

B. DELGADO, MAYOR

B. MCCARTHY L. VISSCHER
K. B
IALA J. MCADAMS

LAYNE LONG City Manager
ANITA SHEPHERD-SHARP Deputy City Clerk
RENÉ ORTEGA City Attorney
NOURDIN KHAYATA Interim Public Works Director

Prepared By
City of Marina
Public Works Department

EXHIBIT A TO

STAFF REPORT
5 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

FY 2024-2025

This report concerns the Cypress Cove II Landscape Maintenance Assessment District.

The Assessment District consists of the Cypress Cove II Subdivision located in the westerly portion of the City of Marina just east of the Highway I and Reservation Road interchange. The subdivision is bounded on three sides by Abdy Way, Cardoza Avenue, and Beach Road, contains 110 lots, a percolation pond parcel (Parcel B), and an emergency access road (Parcel C).

The subdivision consists of 110 single family homes complete with underground utilities, water and wastewater facilities, street and drainage improvements, and landscaping. The Assessment District has been formed for the purpose of maintaining the exterior boundary landscaping and retaining walls, installed and paid for by the developer.

This report has been prepared pursuant to Sections 22565 through 22574 of the Streets and Highways Code (Landscaping and Lighting Act of 1972).

The existing improvements to be maintained which are the subject of this report, are briefly described as follows:

All exterior landscaping elements located adjacent to the subdivision boundaries along Abdy Way, Cardoza Avenue, and Beach Road and outside the chain link fence on Parcel B are considered as the improvements included in the Assessment District.

Landscaping elements consist of hydroseeded areas, groundcover, shrubs, trees, irrigation pipelines, controllers, valves, sprinklers, masonry retaining walls, and electrical service. Plans and specifications showing these existing improvements which are to be maintained are on file in the City of Marina Public Works Division.

This report includes the following attached exhibits:

EXHIBIT A - An assessment diagram and boundary map showing all of the parcels of the real property within the Assessment District. The diagram is keyed to Exhibit C by the separate "Assessment Number".

EXHIBIT B - Spreadsheet showing estimated costs for FY 2023-2024 and estimated costs for FY 2024-2025 and FY 2025-2026.

EXHIBIT C - An assessment roll showing the amount proposed to be assessed against each parcel of real property within this Assessment District. In addition to the Assessor's Parcel Number each parcel has been assigned a separate "Assessment Number" which corresponds to that parcels lot number. 6 Page Two
Engineer's Report
Cypress Cove II Landscape Maintenance Assessment District

EXHIBIT D - Method of determination of assessment spread.

Respectfully Submitted,

_____________________________
Nourdin Khayata, PE
Interim Public Works Director

April 2024

7 Abdy Way
Cove Way
Seal Ct
Cardoza Ave
Dolphin Cir
Coral Way
Pebble Pl
Sandpiper Way
Juniper Ct
Dolphin Cir
112
001
056
066 065
059
030
111
015
058
024
110
023
048
007 016
006
046047057
017
045
033
094
073
011
032
102
009
084
074
004
034
010
013014
012
031
035
008
002
093
003
005
060
071
038
061
044
036
051072
020
037
055
062
019018
103
021022
054
068
070
028
067
049
069
089 083
041
043
050
042
079
040
086
090
085
087
039
109
025026
053
076
100
064
092
027
063
095096
106
101
088
078
108
098099
104
107
091
077
052
097
105
075
081
029
082
080
Cypress Cove II
Landscape Maintenance District
0 100 200
Feet
±
¬«1
Del Monte Blvd California Ave
Crescent Ave
Hillcrest Ave
Patton Parkway
Reindollar Ave
Carmel Ave
De Forest Rd
Cardoza Ave
Marina Dr
Reservation Rd
Abdy Way
Paddon Pl
Bayer Dr
±
Vicinity Map
Boundary and Landscaped Area Map
Legend
Cypress Cove II
Boundary
Landscaped Area

2.00 Acres
Parcels
Percolation Lot
Roads
Date: April 15th, 2009
Notes: The City of Marina assume no warranty or legal responsibility for the information contained on this map. Data and information represented on this map is subject to updates/modifications and may not be complete or appropriate for all purposes. The City of Marina and Monterey County GIS should be queried for the most current information. Parcel data is of mapping grade only and does not represent reliable locations or legal boundaries.

Sources: Monterey County GIS, City of Marina CDD
Map Projection: California State Plane Z one IV, NAD 83 (Feet)

EXHIBIT A
8 Estimates Estimates Estimates
Summary FY 2023-2024 FY 2024-2025 FY 2025-2026
Beginning Cash Balance, July 1st 9,702$ 4, 533$ 631$ (a)Total Assessment Revenues (110 Parcels) 19, 886$ 19,886$ 19,886$ Expenditures
Contractor Services
(b) Landscape Maintenance Contract 6,360$ 6,588 $ 6,786$ Utilities 831$ -$ -$
Large Tree Trimming 2,100$ 1,500$ -$
Extraordinary Maintenance 9,565$ 10,500$ -$
Tree/Plant Replacement -$
Administrative Services
Supervision -$ -$ -$
Administration (Incl. Engineers Report) 3,200$ 2,200$ 2,200$ Cost Allocation Plan Charges 2,750$ 2,750$ 2,750$
Legal Advertising 250$ 250$ 250$
Total Expenditures 25,056$ 23,788$ 11,986$
(c)Net Change in Fund Balance (5,170)$ (3,902)$ 7,900$ (d)Ending Fund Balance, June 30th 4,533$ 63 1$ 8,531$

CYPRESS COVE II LANDSCAPE MAINTENANCE DISTRICT

EXHIBIT B
(d) End Fund Balance equals the Net Change in Fund Balance plus the Beginning Cash Balance of that Fiscal Year. (c) Net Change in Fund Balance equals the Total Expenditures subtracted from Total Assessment Revenue for that Fiscal Yea
r.
(b) Maintenance Costs are shown as increasing per fiscal year by an estimated Consumer Cost Index (CPI) of 3% as all
owed by the Contract Specifications.
(a) Maximum Assessment per Prop 218 is $180.78 per parcel. The assessment amount for FY24-25 is consistent with FY2
3-24 at $180.78 per parcel. Final total assessment revenue includes interest income totals. 9 EXHIBIT C

CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL
FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
1 33-076-01

$180.78

2 33-076-02

$180.78

3 33-076-03

$180.78

4 33-076-04

$180.78

5 33-076-05

$180.78

6 33-076-06

$180.78

7 33-076-07

$180.78

8 33-076-08

$180.78

9 33-076-09

$180.78

10 33-076-10

$180.78

11 33-076-11

$180.78

12 33-076-12

$180.78

13 33-076-13

$180.78

14 33-076-14

$180.78
10 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
15 33-076-15

$180.78

16 33-076-16

$180.78

17 33-076-17

$180.78

18 33-076-18

$180.78

19 33-076-19

$180.78

20 33-076-20

$180.78

21 33-076-21

$180.78

22 33-076-22

$180.78

23 33-076-23

$180.78

24 33-076-24

$180.78

25 33-076-25

$180.78

26 33-076-26

$180.78

27 33-076-27

$180.78

28 33-076-28

$180.78

29 33-076-29

$180.78

30 33-076-30

$180.78

31 33-076-31

$180.78

32 33-076-32

$180.78
11 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
33 33-076-33

$180.78

34 33-076-34

$180.78

35 33-076-35

$180.78

36 33-076-36 $180.78

37 33-076-37

$180.78

38 33-076-38

$180.78

39 33-076-39

$180.78

40 33-076-40

$180.78

41 33-076-41

$180.78

42 33-076-42

$180.78

43 33-076-43

$180.78

44 33-076-44

$180.78

45 33-076-45

$180.78

46 33-076-46 $180.78

47 33-076-47

$180.78

48 33-076-48

$180.78

49 33-076-49 $180.78

50 33-076-50 $180.78
12 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
51 33-076-51

$180.78

52 33-076-52

$180.78

53 33-076-53

$180.78

54 33-076-54

$180.78

55 33-076-55

$180.78

56 33-076-56

$180.78

57 33-076-57

$180.78

58 33-076-58

$180.78

59 33-076-59

$180.78

60 33-076-60

$180.78

61 33-076-61

$180.78

62 33-076-62

$180.78

63 33-076-63

$180.78

64 33-076-64

$180.78

65 33-076-65

$180.78

66 33-076-66

$180.78

67 33-076-67

$180.78

68 33-076-68

$180.78
13 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
69 33-076-69

$180.78

70 33-076-70

$180.78

71 33-076-71

$180.78

72 33-076-72

$180.78

73 33-076-73 $180.78

74 33-075-01

$180.78

75 33-075-02

$180.78

76 33-075-03

$180.78

77 33-075-04

$180.78

78 33-075-05

$180.78

79 33-075-06

$180.78

80 33-075-07

$180.78

81 33-075-08

$180.78

82 33-075-09

$180.78

83 33-075-10 $180.78

84 33-075-11

$180.78

85 33-075-12

$180.78

86 33-075-13

$180.78
14 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
87 33-075-14

$180.78

88 33-075-15 $180.78

89 33-075-16

$180.78

90 33-075-17 $180.78

91 33-075-18

$180.78

92 33-075-19

$180.78

93 33-075-20

$180.78

94 33-076-74

$180.78

95 33-076-75

$180.78

96 33-076-76

$180.78

97 33-076-77

$180.78

98 33-076-78

$180.78

99 33-076-79

$180.78

100

33-076-80

$180.78

101

33-076-81

$180.78

102

33-076-82

$180.78

103

33-076-83

$180.78

104

33-076-84

$180.78
15 CYPRESS COVE II

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT ASSESSMENT ROLL FOR FISCAL YEAR 2024-2025

DIAGRAM &
ASSESSMENT NO.

ASSESSOR'S

PARCEL NUMBER

NET

ASSESSMENT
105

33-076-85

$180.78

106

33-076-86

$180.78

107

33-076-87

$180.78

108

33-076-88

$180.78

109

33-076-89

$180.78

110

33-076-90

$180.78

111

EXEMPT

112

EXEMPT

16 E X H I B I T D

METHOD OF DETERMINATION OF ASSESSMENT SPREAD

The maintenance of the subdivision exterior boundary landscaping benefits the Assessment District as a whole. Therefore, the assessment spread should be based on the number of building sites or lots contained within the district.

Assessments shall be spread over the 110 lots indicated on the Assessment Diagram (Exhibit A).

17 May 14, 2024 Item No. 11b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 21, 2024

CITY COUNCIL OPEN PUBLIC HEARING, TAK E TESTIMONY
FROM THE PUBLIC AND CONSIDER ADOPTING RESOLUTION NO.
2024-, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING
LEVY OF $ 182.42 FOR FY 2024-25 ASSESSMENT FOR THE

SEABREEZE LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT, AND; AUTHORIZING THE CITY CLERK TO FILE A

CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH

THE MONTEREY COUNTY AUDITOR -CONTROLLER PRIOR TO
AUGUST 1, 2024

REQUEST:

It is requested that the City Council:

1. Open public hearing and take testimony from the public;

2. Consider adopting Resolution No. 20 24-, confirming diagram, assessment and ordering levy of $18 2.42 for FY 2024-25 assessment for Seabreeze Landscape Maintenance Assessment District, and;

3. Authorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller prior to August 1, 2024

BACKGROUND:

At the regular meeting of June 4, 1996, the City Council adopted Resolution No. 1996 -62, ordering the formation of the Seabreeze Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

The Landscaping and Lighting Act of 1972 requires an annual update report to be prepared which includes the costs to maintain the improvements of the Districts and what the proposed assessments will be to provide for that maintenance.

At the regular meeting of May 7, 202 4, the City Council adopted Resolution No. 2024-37, receiving the FY 2024-25 Engineer’s Report for Seabreeze Landscape Maintenance Assessment District and calling a public hearing for May 21, 2024, on the proposed intention to levy and collect assessments for the District.

ANALYSIS:

Based on the Engineer’s Report (EXHIBIT A ), the assessment has been set in the amount of $182.42. This is the same amount as last year’s assessment and is the upper limit set by the last the assessment district at its formation in 1996.

1 Staff have been coordinating with various District homeowners to discuss further beautification and improvements to the District. Due to public safety concerns, sound wall reconstruction began in Fiscal Year 2021 -22. Staff are recommending the continued assessment of $182.42 in order to obtain the required fund balance to continue these improvements.

FISCAL IMPACT:

Should the City Council approve this request, the anticipated revenue for the FY 2024-25 assessment levy is $6,749.54 for the purpose of the landscape maintenance district.

Levying of the assessment is the first step to collect the assessments to fund the landscape maintenance district.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer
Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF $182.42 FOR FY 2024-25 ASSESSMENT FOR THE SEABREEZE LANDSCAPE

MAINTENANCE ASSESSMENT DISTRICT AND AUTHORIZING THE CITY CLERK

TO FILE A CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR-CONTROLLER PRIOR TO AUGUST 1, 2024

WHEREAS, on June 4, 1996 , the City ordered the formation of the Seabreeze Landscape Maintenance District pursuant to Streets and Highway Code §22594, and;

WHEREAS, the City Engineer filed the Engineer's Report, fiscal year 2024-25, required by Streets and Highways Code §22622 for said District, and;

WHEREAS, on May 7, 2024, the City approved said Engineer's Report, declared its intention to levy and collect assessments within said District and set a hearing to ascertain whether the City shall order the levy and assessment of said assessment, and;

WHEREAS, said public hearing was held on May 21, 2024, and;

WHEREAS, levying of the assessment is the first step to collect the assessments to fund the landscape maintenance districts, and;

WHEREAS, provisions of this resolution are severable and if anyone provision is determined to be impermissible then the remainder of the resolution shall remain in full force and effect, and;

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

1. The City does hereby confirm the diagram and assessment as described in the Engineer's Report on file with the City Clerk.

2. The City does hereby order the levy and collection of said assessment, $182.42, for FY 2024-25 assessment for Seabreeze Landscape Maintenance Assessment District.

3. It is the intention of the City of Marina that any monetary advance mad e by it during any fiscal year to cover a deficit in the improvement fund of the Seabreeze Landscape Maintenance Assessment District shall be repaid from the next annual assessments levied and collected within the Seabreeze Landscape Maintenance Assessment District.

4. The City Clerk is hereby authorized and directed to file a certified copy of said diagram and assessment with the Monterey County Auditor prior to August 1, 2024.

3 Resolution No. 2024-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of May 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

4 CIT

Y OF MARINA

MONTEREY COUNTY

CALIFORNIA

SEABREEZE LANDSCAPE
MAI

NTENANCE

ASSESSMENT DISTRICT

ENGINEER'S REPORT
FY 2024-2025
Co
uncil Members:

B. DELGADO, MAYOR
L. VISSCHER B. MCCARTHY
K. BIA
LA J. MCADAMS
LAYNE LONG City Manager
ANITA SHEPHERD-SHARP Deputy City Clerk
HEIDI QUINN City Attorney
NOURDIN KHAYATA Interim Public Works Director
Prepared By
City of Marina
Public Works Department

EXHIBIT A TO

STAFF REPORT
5 SEABREEZE

LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

FY 2024-2025

This report concerns the Seabreeze Landscape Maintenance Assessment District.

This report has been prepared pursuant to Section 22265 through 22574 of the Streets and Highway Code (Landscaping and Landscaping Act 1972).

The Assessment District encompasses the Seabreeze subdivision located on the north side of Beach Road and west of Marina Drive in the City of Marina, County of Monterey, State of California.

The subdivision consists of 37 residential lots, with all underground utilities (water, sewer, gas and electric) street and drainage improvements. The Assessment District has been formed for the purpose of maintaining the proposed landscape areas including the street scape along the Northerly side of Beach Road adjacent to Seabreeze Subdivision, Tract No. 1251 and the buffer along the westerly side of the Southern Pacific Railroad within the rear portion of Lots 18 through 21 of the Seabreeze subdivision. Lot 38 is dedicated to the City for the maintenance of the drainage percolation basin. These improvements were installed and paid for by the developer.

A brief description of the improvements that are to be maintained by the Assessment District are:

All landscaping elements, irrigation systems and services thereto located along the Northerly side of Beach Road, the westerly of Southern Pacific Railroad and the easterly of the percolation pond. Also included is the maintenance, repair and replacement of the sound walls. Landscaping elements consist of ground cover, shrubs, trees, irrigation pipelines, controllers, valves, emitters, sprinklers and appurtenant improvements all as delineated on the plans with the City of Marina and titled Seabreeze Streetscape and Buffer Plans prepared by Isaacson Wood & Associates, Landscape Architecture.

This report includes the following attached exhibits:

EXHIBIT A - An Assessment Diagram and Boundary Map showing all the parcels of the real property within the Assessment District and location of the landscaped areas to be maintained by the Assessment District. The Diagram is keyed to Exhibit C by the separate “Assessment District”.

EXHIBIT B - Spreadsheet showing estimated costs for FY 2023-2024, FY 2024-2025 and FY 2025- 2026.

EXHIBIT C - An assessment roll showing the amount proposed to be assessed against each parcel of real property within this Assessment District. In addition to the Assessors Parcel Number each parcel has been assigned a separate “Assessment Number” which corresponds to the lot number of each parcel.

6 Page Two
Engineer's Report
Seabreeze Landscape Maintenance Assessment District

EXHIBIT D - Method of determination of assessment spread.

Respectfully submitted

_______________________
Nourdin Khayata, PE
Interim Public Works Director
April 2024

7 Beach Rd
Lillian Pl
Starfish CtDolphin Cir
Sandpiper Way
Marina Dr
Sand Dollar Ct
Frontage Rd
Marina Dr
038 001
018
032
017
009
006 021
022
010
004
033
007
014013
003
037 002
012
023
011
028
016
015
024
005
031 029 025026027
008
020
034
030
035
019
036
Seabreeze
Landscape Maintenance District
0 50 100
Feet
±
¬«1
Del Monte Blvd California Ave
Crescent Ave
Hillcrest Ave
Patton Parkway
Reindollar Ave
Carmel Ave
De Forest Rd
Cardoza Ave
Marina Dr
Reservation Rd
Abdy Way
Paddon Pl
Bayer Dr
±
Vicinity Map
Boundary and Landscaped Area Map
Legend
Seabreeze
Boundary
Landscaped Area
20,470 SQ FT
Parcels
Percolation Lot
Roads
Date: April 15th, 2009
Notes: The City of Marina assume no warranty or legal responsibility for the information contained on this map. Data and information represented on this map is subject to updates/modifications and may not be complete or appropriate for all purposes. The City of Marina and Monterey County GIS should be queried for the most current information. Parcel data is of mapping grade only and does not represent reliable locations or legal boundaries.

Sources: Monterey County GIS, City of Marina CDD
Map Projection: California State Plane Z one IV, NAD 83 (Feet)

EXHIBIT A
8 Estimates Estimates Estimates
Summary FY 2023-2024 FY 2024-2025 FY 2025-2026
Beginning Cash Balance, July 1st 3,585$ 4 ,244$ 1,307$ (a)Total Assessment Revenues (37 Parcels) 6,7 50$ 6,750$ 6,750$ Expenditures
Contractor Services
(b) Landscape Maintenance Contract 2,616$ 2,712$ 2,793$ Utilities -$ -$ -$
Large Tree Trimming -$ -$ -$ Extraordinary Maintenance -$ 3,500$ -$ Plant Replacement -$ -$ -$ Administrative Services
Administration (Incl. Engineers Report) 1,500$ 1,500$ 1,500$ Cost Allocation Plan Charges 1,740$ 1,740$ 1,740$ Legal Advertising 235$ 235$ 235$ Total Expenditures 6,091$ 9,687$ 6,268$ (c)Net Change in Fund Balance 659$ (2,937)$ 482$ (d)Ending Fund Balance, June 30th 4,244$ 1 ,307$ 1,789$

SEABREEZE LANDSCAPE MAINTENANCE DISTRICT

EXHIBIT B
(d) End Fund Balance equals the Net Change in Fund Balance plus the Beginning Cash Balance of that Fiscal Year. (c) Net Change in Fund Balance equals the Total Expenditures subtracted from Total Assessment Revenue for that Fiscal Ye
ar.
(b) Maintenance Costs are shown as increasing per fiscal year by an estimated Consumer Cost Index (CPI) of 3% as al
lowed by the Contract Specifications.
(a) Maximum Assessment per Prop 218 is $182.42 per parcel. The assessment amount for FY24-25 is consistent with FY
23-24 at $182.42 per parcel.
9 EXHIBIT C

EABREEZE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

1 033-082-001 $182.42
2 033-082-002 $182.42
3 033-082-003 $182.42
4 033-082-004 $182.42
5 033-082-005 $182.42
6 033-082-006 $182.42
7 033-082-007 $182.42
8 033-082-008 $182.42
9 033-082-009 $182.42
10 033-082-010 $182.42
11 033-082-011 $182.42
12 033-082-012 $182.42
13 033-082-013 $182.42
14 033-082-014 $182.42
15 033-082-015 $182.42
16 033-082-016 $182.42
17 033-082-017 $182.42

10 SEABREEZE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

18 033-082-018 $182.42
19 033-082-019 $182.42
20 033-082-020 $182.42
21 033-082-021 $182.42
22 033-082-022 $182.42
23 033-082-023 $182.42
24 033-082-024 $182.42
25 033-082-025 $182.42
26 033-082-026 $182.42
27 033-082-027 $182.42
28 033-082-028 $182.42
29 033-082-029 $182.42
30 033-082-030 $182.42
31 033-082-031 $182.42
32 033-082-032 $182.42
33 033-082-033 $182.42
34 033-082-034 $182.42

11 SEABREEZE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT
35 033-082-035 $182.42
36 033-082-036 $182.42
37 033-082-037 $182.42

12 EXHIBIT D

METHOD OF DETERMINATION OF ASSESSMENT SPREAD

The maintenance of the landscaped areas within the Assessment District benefits the Assessment District as a whole. Therefore, the assessment should be equally apportioned over the 37 residential building sites or lots contained within the district as indicated on the Assessment Diagram (Exhibit A).

13 May 14, 2024 Item No. 11c

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 21, 2024

CITY COUNCIL OPEN PUBLIC HEARING, TAK E TESTIMONY
FROM THE PUBLIC AND CONSIDER ADOPTING RESOLUTION NO.
2024-, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING
LEVY OF $77.14 FOR THE FY 2024-25 ASSESSMENT FOR THE

MONTEREY BAY ESTATES LIGHTING & LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT , AND; AUTHORIZING

THE CITY CLERK TO FILE A CERTIFIED COPY OF THE DIAGRAM

AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR -
CONTROLLER PRIOR TO AUGUST 1, 2024

REQUEST:

It is requested that the City Council:

1. Open public hearing and take testimony from the public;

2. Consider adopting Resolution No. 2 024-, confirming diagram, assessment and ordering levy of $77.14 for FY 2024-25 assessment for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District, and;

3. Authorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller prior to August 1, 2024.

BACKGROUND:

At the regular meeting of October 3, 1989 , the City Council adopted Resolution No. 1989-62, ordering the formation of the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

At the regular meeting of May 7, 202 4, the City Council adopted Resolution No. 2024-38, receiving the FY 2024-25 Engineer’s Report for Monterey Bay Estates Lighting & Landscape Maintenance Assessment District and calling a public hearing for May 21, 2024, on the proposed intention to levy and collect assessments for the District.

ANALYSIS:

Based on the Engineer’s Report (EXHIBIT A ), the assessment has been set in the amount of $77.14. This is the same amount as last year’s assessment and is the upper limit set by the last Proposition 218 rate vote by members of the assessment district established in 1989.

1 Feedback from District residents has been positive, expressing a dequate levels of landscape maintenance and site cleanup accomplished with the current funding assessment. Unless District residents request additional beautification or improvements, staff recommend continuing the current assessment and level of maintenance. Regular maintenance of the existing District and updates to the District website will continue.

FISCAL IMPACT:

Should the City Council approve this request, the anticipated revenue for the FY 2024-25 assessment levy is $12,496.68 for the purpose of the landscape maintenance district.

Levying of the assessment is the first step to collect the assessments to fund the landscape maintenance district.

CONCLUSION:

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

Respectfully submitted,

_____________________________
Edrie Delos Santos, P.E.

Public Works Department
City of Marina

REVIEWED/CONCUR:

____________________________
Nourdin Khayata
Interim Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

CONFIRMING THE DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF $77.14 FOR FY 2024-25 ASSESSMENT FOR THE MONTEREY BAY ESTATES

LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT AND

AUTHORIZING THE CITY CLERK TO FILE A CERTIFIED COPY OF THE

DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR- CONTROLLER PRIOR TO AUGUST 1, 2024

WHEREAS, on October 3, 1989 , the City ordered the formation of the Monterey Bay Estates Lighting & Landscape Maintenance District pursuant to Streets and Highway Code §22594, and;

WHEREAS, the City Engineer filed the Engineer's Report, fiscal year 2024-2025, required by Streets and Highways Code §22622 for said District, and;

WHEREAS, on May 7, 2024, the City preliminarily approved said Engineer's Report, declared its intention to levy and collect assessments within said District and set a hearing to ascertain whether the City shall order the levy and assessment of said assessment, and;

WHEREAS, said public hearing was held on May 21, 2024, and;

WHEREAS, levying of the assessment is the first step to collect the assessments to fund the landscape maintenance districts, and;

WHEREAS, provisions of this resolution are severable and if anyone provision is determined to be impermissible then the remainder of the resolution shall remain in full force and effect, and;

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

1. The City does hereby confirm the diagram and assessment as described in the Engineer's Report on file with the City Clerk.

2. The City does hereby order the levy and collection of said assessment, $77.14, for FY 2024-25 assessment for Monterey Bay Estates Lighting & Landscape Maintenance Assessment District.

3. It is the intention of the City of Marina that any monetary advance mad e by it during any fiscal year to cover a deficit in the improvement fund of the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District shall be repaid from the next annual assessments levied and collected within the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District.

4. The City Clerk is hereby authorized and directed to file a certified copy of said diagram and assessment with the Monterey County Auditor prior to August 1, 2024.

3 Resolution No. 2024-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of May 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

4 CIT

Y OF MARINA

MONTEREY COUNTY

CALIFORNIA

MONTEREY BAY ESTATES LIGHTING
AN

D LANDSCAPE MAINTENANCE

ASSESSMENT DISTRICT

ENGINEER'S REPORT
FY 2024-2025
Co
uncil Members:

EXHIBIT A TO

STAFF REPORT
5 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

FY 2024-2025

This report concerns the Monterey Bay Estates Lighting and Landscape Maintenance District.

The Assessment District consists of the Monterey Bay Estates Subdivision located in the northeasterly portion of the City of Marina. The subdivision contains 162 lots, a percolation pond parcel, and a park parcel.

The subdivision consists of 162 single family homes complete with underground utilities, water and wastewater facilities, public lighting facilities, street and drainage improvements, and landscaping.

The Assessment District has been formed for the purpose of maintaining and servicing both the landscaping areas and public lighting facilities within the subdivision. The landscaping areas to be maintained and serviced are those in the percolation pond parcel and the street rights-of-way of De Forest Road and Quebrada Del Mar adjacent thereto; in and adjacent to the Crescent Avenue right-of-way, installed and paid for by the developer. The public lighting facilities to be maintained and serviced include all the public lighting facilities within the subdivision installed and paid for by the developer.

This report has been prepared pursuant to Sections 22500 through 22679 of the Streets and Highway Code (Landscaping and Lighting Act of 1972).

The improvements to be maintained which are the subject of this report, are briefly described as follows:

Landscaping elements within the percolation pond parcel and the street rights-of-way of De Forest Road and Quebrada Del Mar adjacent thereto, and landscaping elements within and adjacent to the Crescent Avenue right-of-way (See Exhibit A) are considered as the landscaping improvements included in the Assessment District.

Landscaping elements consist of hydroseeded areas, groundcover, shrubs, trees, irrigation pipelines, controllers, valves, sprinklers, water and electrical service, and freestanding concrete block walls.

Public Lighting facilities within the street right-of-way of De Forest Road, Costa Del Mar Road, Sirena Del Mar Road, Tallmon Street, Quebrada Del Mar Road, Isla Del Sol Way, Estrella Del Mar Way and Crescent Avenue all within the boundary of the Monterey Bay Estates Subdivision (Tract no. 1102) are considered as the public lighting improvements included in the Assessment District, see Exhibit A. The public lighting facilities consist of electroliers, mast arm, ballast, electrical service, wiring and lamps.

6 Page Two
Engineer's Report
Monterey Bay Estates Lighting and Landscape Maintenance District

This report includes the following exhibits:

EXHIBIT B - Spreadsheet showing estimated maintenance costs for FY 2023-2024, FY 2024- 2025 and FY 2025-2026.

EXHIBIT D- A statement of the method by which the undersigned determined the amount to be assessed against each parcel based on the benefits to be derived by each parcel, respectively, from the improvements.

Respectfully submitted,

__________________________
Nourdin Khayata, PE
Interim Public Works Director

April 2024

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De Forest Rd
Park Cir
Sirena Del Mar Rd
Villa Cir Quebrada Del Mar Rd
Young Cir
Shuler Cir
Oak Cir
Costa Del Mar Rd
Isla Del Sol Way
Vista Del Camino Cir
De Forest Rd
Crescent Ave
Tallmon St
Estrella Del Mar Way
Whitney Pl
Park
042
151
007
019
141
020
043
132124
145
018
Perc Lot
150
129
111
149
112
023
127
152
044
153
024
157
102
077
039
040
022
154
050
143
031
047
001
093
094
085
121
060
142
120
084
008
055
128
125
155
130
048
140
017
066
035
103
061067
081
126
131
045
133
026
004
123
148
146
003
021
139
002
080
147
011
078
115
079
006
114
110
032
076
014
041
119
144
113118
005
117 025
091
108
053
083
101
033
038
072
052
096
116
046
159
049
069
051057
138
015
134
122
136
095
029
064
106 010
089
109104
088
016
059
034
036
156
009
107
056
013
087
054
062
098
158 027
071 070 068
135
028
100
086 037
012
082
030105
058
161
063
090
137
099
092
074 065
162
075
097
073
160

UNIVERSITY OF CALIFORNIA

HABITAT RESERVE

PG & ESUBSTATION

MCWDPUMP FACILITY
Monterey Bay Estates
Lighting and Landscape
Maintenance District
0 100 200
Feet
±
¬«1
Del Monte Blvd California Ave
Crescent Ave
Hillcrest Ave
Patton Parkway
Reindollar Ave
Carmel Ave
De Forest Rd
Cardoza Ave
Marina Dr
Reservation Rd
Abdy Way
Paddon Pl
Bayer Dr
±
Vicinity Map
Boundary and Landscaped Area Map
Legend
Monterey Bay Estates
Boundary
Landscaped Area

2.14 Acres
Maintained Street Lights
!. Total 34 - 100W
!. Total 7 - 200W
Parcels
Percolation Lot
Roads
Date: April 15th, 2009
Notes: The City of Marina assume no warranty or legal responsibility for the information contained on this map. Data and information represented on this map is subject to updates/modifications and may not be complete or appropriate for all purposes. The City of Marina and Monterey County GIS should be queried for the most current information. Parcel data is of mapping grade only and does not represent reliable locations or legal boundaries.

Sources: Monterey County GIS, City of Marina CDD
Map Projection: California State Plane Z one IV, NAD 83 (Feet)

EXHIBIT A
8 Estimates Estimates Estimates
Summary FY 2023-2024 FY 2024-2025 FY 2025-2026
Beginning Cash Balance, July 1st 7,713$ 9,225$ 7,702$ (a)Total Assessment Revenues (162 Parcels) 12,497$ 1 2,497$ 12,497$ Expenditures
Contractor Services
(b) Landscape Maintenance Contract 5,784$ 5,820$ 5,995$ Utilities 120$ 120$ 120$ Large Tree Trimming -$ -$ -$ Extraordinary Maintenance -$ 3,000$ -$ Plant/Tree Removal/Replacement -$ -$ -$ Administrative Services
Administration (Incl. Engineers Report) 2,000$ 2,000$ 2,000$ Cost Allocation Plan Charges 2,871$ 2,871$ 2,871$ Legal Advertising 209$ 209$ 209$ Total Expenditures 10,985$ 14,020$ 11,195$ (c)Net Change in Fund Balance 1,512$ (1,524)$ 1,302$ (d)Ending Fund Balance, June 30th 9,225$ 7,702$ 9,004$

EXHIBIT B
(d) End Fund Balance equals the Net Change in Fund Balance plus the Beginning Cash Balance of that Fiscal Year. (c) Net Change in Fund Balance equals the Total Expenditures subtracted from Total Assessment Revenue for that Fiscal Year.
(b) Maintenance Costs are shown as increasing per fiscal year by an estimated Consumer Cost Index (CPI) of 3% as allowed by the Contract Specifications.
(a) Maximum Assessment per Prop 218 is $77.14 per parcel. The assessment amount for FY24-25 is consistent with FY23-24 at $77.14 per parcel.

MONTEREY BAY ESTATES LIGHTING & LANDSCAPE MAINTENANCE DISTRICT 9 EXHIBIT C

MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

1 032-541-01 $77.14
2 032-541-02 $77.14
3 032-541-03 $77.14
4 032-541-04 $77.14
5 032-541-05 $77.14
6 032-541-06 $77.14
7 032-541-07 $77.14
8 032-541-08 $77.14
9 032-541-09 $77.14
10 032-541-10 $77.14
11 032-541-11 $77.14
12 032-541-12 $77.14
13 032-541-13 $77.14
14 032-541-14 $77.14
15 032-541-15 $77.14
16 032-541-16 $77.14
17 032-541-17 $77.14
18 032-541-18 $77.14
10 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

19 032-541-19 $77.14
20 032-541-20 $77.14
21 032-541-21 $77.14
22 032-555-38 $77.14
23 032-555-02 $77.14
24 032-542-01 $77.14
25 032-542-02 $77.14
26 032-542-03 $77.14
27 032-542-04 $77.14
28 032-542-05 $77.14
29 032-542-06 $77.14
30 032-542-07 $77.14
31 032-542-08 $77.14
32 032-542-09 $77.14
33 032-542-10 $77.14
34 032-542-11 $77.14
35 032-542-12 $77.14
36 032-542-13 $77.14

11 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT
37 032-542-14 $77.14
38 032-542-15 $77.14
39 032-542-16 $77.14
40 032-542-17 $77.14
41 032-542-18 $77.14
42 032-542-25 $77.14
43 032-542-26 $77.14
44 032-542-21 $77.14
45 032-542-22 $77.14
46 032-542-23 $77.14
47 032-542-24 $77.14
48 032-543-01 $77.14
49 032-543-02 $77.14
50 032-543-03 $77.14
51 032-543-04 $77.14
52 032-543-05 $77.14
53 032-543-06 $77.14
54 032-543-07 $77.14
55 032-543-08 $77.14

12 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT
56 032-543-09 $77.14
57 032-543-10 $77.14
58 032-543-11 $77.14
59 032-543-12 $77.14
60 032-543-13 $77.14
61 032-543-14 $77.14
62 032-543-15 $77.14
63 032-543-16 $77.14
64 032-543-17 $77.14
65 032-543-18 $77.14
66 032-543-19 $77.14
67 032-551-01 $77.14
68 032-551-02 $77.14
69 032-551-03 $77.14
70 032-551-04 $77.14
71 032-551-05 $77.14
72 032-551-06 $77.14
73 032-551-07 $77.14
74 032-551-08 $77.14

13 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT
75 032-551-09 $77.14
76 032-551-10 $77.14
77 032-551-11 $77.14
78 032-551-12 $77.14
79 032-551-13 $77.14
80 032-551-14 $77.14
81 032-551-15 $77.14
82 032-551-16 $77.14
83 032-551-17 $77.14
84 032-551-18 $77.14
85 032-552-01 $77.14
86 032-552-02 $77.14
87 032-552-03 $77.14
88 032-552-04 $77.14
89 032-552-05 $77.14
90 032-552-06 $77.14
91 032-552-07 $77.14
92 032-552-08 $77.14
93 032-552-09 $77.14

14 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

94 032-552-10 $77.14
95 032-552-11 $77.14
96 032-552-12 $77.14
97 032-552-13 $77.14
98 032-552-14 $77.14
99 032-552-15 $77.14
100 032-552-16 $77.14
101 032-552-17 $77.14
102 032-552-18 $77.14
103 032-553-01 $77.14
104 032-553-02 $77.14
105 032-553-03 $77.14
106 032-553-04 $77.14
107 032-553-05 $77.14
108 032-553-06 $77.14
109 032-553-07 $77.14
110 032-553-08 $77.14
15 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT
111 032-553-09 $77.14
112 032-553-10 $77.14
113 032-553-11 $77.14
114 032-553-12 $77.14
115 032-553-13 $77.14
116 032-553-14 $77.14
117 032-553-15 $77.14
118 032-553-16 $77.14
119 032-553-17 $77.14
120 032-553-18 $77.14
121 032-554-01 $77.14
122 032-554-02 $77.14
123 032-554-03 $77.14
124 032-554-04 $77.14
125 032-554-05 $77.14
126 032-554-06 $77.14
127 032-554-07 $77.14
128 032-554-08 $77.14
129 032-555-03 $77.14
16 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

130 032-555-39 $77.14
131 032-555-05 $77.14
132 032-555-06 $77.14
133 032-555-07 $77.14
134 032-555-08 $77.14
135 032-555-09 $77.14
136 032-555-10 $77.14
137 032-555-11 $77.14
138 032-555-12 $77.14
139 032-555-13 $77.14
140 032-555-14 $77.14
141 032-555-15 $77.14
142 032-555-16 $77.14
143 032-555-17 $77.14
144 032-555-18 $77.14
145 032-555-19 $77.14
146 032-555-20 $77.14
147 032-555-21 $77.14
17 MONTEREY BAY ESTATES

LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT

ASSESSMENT ROLL FOR
FISCAL YEAR 2024-2025

DIAGRAM AND ASSESSOR'S NET
ASSESSMENT NO. PARCEL NUMBER ASSESSMENT

148 032-555-22 $77.14
149 032-555-23 $77.14
150 032-555-24 $77.14
151 032-555-25 $77.14
152 032-555-26 $77.14
153 032-555-27 $77.14
154 032-555-28 $77.14
155 032-555-29 $77.14
156 032-555-30 $77.14
157 032-555-31 $77.14
158 032-555-32 $77.14
159 032-555-33 $77.14
160 032-555-34 $77.14
161 032-555-35 $77.14
162 032-555-36 $77.14

18 EXHIBIT D

METHOD OF DETERMINATION OF ASSESSMENT SPREAD

The maintenance of the landscaping surrounding percolation pond and Crescent Avenue landscaping together with maintenance and service of the public lighting facilities benefits the Assessment District as a whole. The tentative subdivision map approval was conditioned on the formation of this Maintenance District. Since the creation of the lots was so conditioned, each lot equally benefits from the District. Therefore, the assessment spread is based on the number of building sites or lots contained within the district as indicated on the Assessment Diagram (Exhibit A).

19 May 14, 2024 Item No. 11d
Honorable Mayor and Members Regular Meeting of the City Council on of the Marina City Council May 21, 2024
CITY COUNCIL ADOPT RESOLUTION NO. 2024 -, UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CDP 23 -0004 AND DENYING

THE APPEAL S BASED ON CONDITIONS OF APPROVAL, REQUIRED

FINDINGS, AND CEQA EXEMPTION IN PUBLIC RESOURCES CODE
SECTION 21080.25(b).

RECOMMENDATION:

It is recommended tha t the City Council a dopt Resolution No. 2024-, upholdi ng the Planning Commission’s approv
al of CDP 23-0004 and denying the appea ls based on conditions of approva l, required findings, and CEQ
A exemption 21080.25(b).

BACKGROUND:

The project, in its entirety, consists of approx imately 6 linear miles of roadway surface dedicated for express busway se
rvice (bus rapid transit) between Marina and Sand City. The Marina portion of the route for the S
URF! busway project would begin at Monterey-Salinas Transit’s (MST) Marina Transit Exchange a t Reservation Road and De Fore st Road (northern ter minus), and end at the proposed 5th S
t. Transit Center (southern terminus in Marina). Given the length of the facility and its alignment, the project would be located in the cities of Marina and Sand City, running parallel to Highway 1 next to Fort Ord Dunes State Park. The busway includes dedicated expr ess busway lanes, platforms, a new station at 5th S
treet on the former Fort Ord (outside the Coastal zone), and related infrastructur
e including the extension of the Beach Range Rd. path to the ne w Palm Ave. station.

The project will use 100 perce nt zero-emission, near-zero emission, low oxide or nitrogen engines, compressed natural gas f
uel, fuel cell, or hybrid powertrain buses. The c ompleted project is expected to open in 2027 and will relieve congesti on and support more freque nt public tra nsit service s for people traveling within the corridor and beyond.

On April 11, 2024, the Planning Commiss ion unanimously approved both a Coastal Development Permit (C
DP) and Tree Removal Permit (TRP ) as necessary for the mul ti-jurisdiction Projec t.

Within the 10-day appeal period, the CDP wa s appealed sep arately by both Mason Clark (owne
r/operator of the handcar company currently using the Transportation Agenc y of Monterey County (TAMC) railroad tracks), and Michael Solerno, representing Keep Ford Ord Wild (KFOW).

The documents included with the appeal(s) are included herein as EXHIBITS A1 and A2 to the staff report. Issues raised in the appeal(s) include, generally:
a) The project is not in compliance with the Coastal Act b) The project is not in compliance with the City’s Local Coastal Program (LCP) c) The project will not improve coastal access
d) The project is not in compliance with Proposition 116 e) The Planning Commission erred in finding the Project exempt from the California Environmental Quality Act (CEQA).
1 Each appeal is described more specifically below.

LOCATION:

The Marina portion of the SURF! Busway and Bus Rapid Transit Project (project) would be located between MST’s existing Marina Transit Exchange at Reservation Road and De Forest Road (northern terminus) and the existing Hwy 1 overpass at the Del Monte Blvd southbound onramp.

The project also includes the development of the 5 th St. Transit Center (southern terminus in Marina). This segment is in the middle of the Line 20 bus route that currently connects Salinas with Seaside and Monterey. The City’s LCP jurisdiction over the Project is limited to 0.37 acres within the TAMC right -of-way (ROW) near the Hwy 1 overpass . The 5th St. Transit Center property is outside the Coastal zone and proposed development and tree removal there is not subject to the CDP being challenged in the appeals.

ANALYSIS:

The project is located in an urbanized area within an existing transportation corridor that is assumed for continued transportation use in local land use and zoning documents. The majority of the alignment of the new “off -road” busway would be within the TAMC Monterey Branch Line rail corridor ROW, an approximately 100-foot wide corridor generally located between Beach Range Road and the Monterey Peninsula Recreation Trail on the ocean side of Highway 1 , which has been used for transportation purposes (rail) since the late 1800s . Other portions of the project will be on MST’s property, specifically the proposed 5th St. Transit Center which is located on land provided to MST through the former Fort Ord closure and specifically identified as a multi -modal center. Public roadways would be used for the SURF! line at both ends of the route.

The larger project includes the removal of 92 trees within the TAMC ROW and at the 5th St. Transit Center property. Only two (2) trees are proposed for removal within the City’s Coastal zone and, therefore, subject to the appeals. Coastal Development Permit (CDP) findings are included in the draft Council Reso. 2024-__ as are conditions of approval and a description of and link to the CEQA document.

Coastal Development Permit
A small portion of the total project site, 0.37 acres, is located within the City’s Coastal Development Permit (CDP) jurisdiction. All development in this location is subject to the City’s Local Coastal Program (LCP). The LCP includes regulations for land uses, development standards, coastal access, and addressing potential impacts to special status species and Environmentally Sensitive Habitat Areas (ESHA). Public transportation rights -of-ways have neither land use designations nor zoning ascribed to them as their only uses are for transportation.

The California Coastal Act defines ESHA as “ any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities .” (PRC § 30107.5). The biological report1 (Report) prepared for the project (DD&A, May 2021) identified three (3) areas within the entire project site (including the portion along the west side of Hwy 1 within the California Coastal Commission’s (CCC) retained CDP jurisdiction) that could be considered ESHA under this definition: Dune scrub, habitat for Smith’s blue butterfly (i.e., buckwheat), and areas supporting rare plants. The biological report did not identify any of these within the City’s 0.37 -acre CDP jurisdiction. The report notes that only 0.1 acres of this type of habitat occurs within the entire project area and it is near the southern boundary of Fort Ord Dunes SP. The Report further concludes that there is no area supporting rare plants within the small portion of retained City CDP jurisdiction. 1 https://mst.org/wp-content/media/Appendix-07-Final-Biological-Resources-Report.pdf 2 Furthermore, the project seeks to create improved coastal access by providing non -motorized connections to existing coastal paths and trails. Coastal access is an important part of the City’s LCP and the Coastal Act. Lastly, the subject area is not included on the “Natural Habitats” map in the Land Use Plan portion of the LCP.

For these reasons, staff finds the project consistent with the City’s certified Local Coastal Program (LCP) and recommends that the City Council deny the appeals and uphold the Planning Commission’s approval based on findings, conditions of approval, and the CEQA determination provided.

The Planning Commission Reso. 2024-09 is included herein as EXHIBIT B to the staff report.

Remainder of Project within City’s Coastal Zone Is Subject to Exclusive Coastal Commission Jurisdiction:

The southerly portion of the busway that continues south toward S and Cit y is partially within City limits west of
the Highway 1 corridor but falls within the Coastal Commission’s retained CDP jurisdiction; the City has no permitting authority in this area. A map prepared by the Coastal Commission showing this area is included in PC Reso. 2024-09 (EXHIBIT B).

Clark Appeal
Mason Clark, owner/operator of Handcar Tours, appeals the Planning Commission’s issuance of the CDP on grounds that the Project conflicts with the following policies in the City’s LCP:

2. To provide beach acc ess and recreational opportunities consistent with public safety and with the protection of the rights of the general public and of private property owners.

6. To provide for a level of re creation use w hich is consistent with the ability to operate, maintain, police and protect the beach and dune environment.

13. To give priority to visitor-serving commercial and recreational uses in order to fully develop the unique Coastal-oriented recreational activities of Marina and still protect the natural resource.

14. To reinforce and support Coastal recreational and visitor -serving activities in the inland area, where appropriate, to the extent the support activities would complement, not destroy, the Coastal resource
Appellant contends that by replacing handcar tours with a portion of the SURF! busway within Marina’s city limits, the City will limit coastal access. Appellant claims that under MST’s project design, an existing recreational trail connection point (which is not within the City’s LCP jurisdiction) would be moved slightly to the north in order to preserve coastal access. Appellant claims that this will increase the length of this particular pedestrian/bicycle coastal access by approximately 1/3 mile (less than 2000 ft) and would require pedestrian/bicycle users to share part of this coastal access with occasional maintenance trucks. Appellant also contends that the Handcar Tours is a recreational use and therefore cannot be replaced by the SURF! busway, which appellant claims is not a recreational use.
3 Staff Response (addressed further under “Analysis”): Per the LCP, the policies Appellant identifies are simply “statements of intent” and are not binding upon the City. (LCP at 2-1). Rather, the LCP explains that “[i]implementation of these policies will sometimes mean achieving a balance among the policies which best effectuates the City’s Local Coastal Land Use Plan .” Id. Importantly, other policies in the LCP support implementation of the SURF! busway. For example:

35. To encourage continued and improved service by mass transit within the Coastal Zone.

36. To provide and promote the role of Marina as the physical and visual gateway to the Monterey Peninsula

39. To encourage development which keeps energy consumption to the lowest level possible. (LCP at 2 -3) (emphasis added). By maintaining coastal access for pedestrians/bicyclists while also implementing the SURF! busway – which provides a more climate -friendly, mass transit alternative to commuters in the region – the Planning Commission properly exercised its policy judgment to strike a balance among the LCP’s various policies. Furthermore, the portion of the SURF! project within the City’s CDP jurisdiction will improve existing coastal access by formalizing the existing “social trails” along Beach Range Rd. and Marina Dr. to the new Palm Ave. transit stop (all within the TAMC ROW), and by improving pedestrian crossings at Reindollar Ave. Appellant simply disagrees with the Planning Commission’s policy choice.

Moreover, although not directly relevant to the appeal, it is important to note that Appellant Clark’s business, Museum of Handcar Technology (“Museum”), currently subleases an approximately 3.5 - mile segment of the railway from TAMC, under TAMC’s lease from the City. The existing lease expires on October 31, 2024. Both the primary lease between the City and TAMC and the sublease between the City and Museum expressly acknowledge that “ Museum understands and agrees that LESSOR has future plans for the Property, such as the SURF! Busway and Bus Rapid Transit Project, or other transportation uses. Thus, Museum agrees to vacate the Property during the TERM of the SUBLEASE or any renewal or extension of the SUBLEASE, without liability to the CITY, upon termination of the SUBLEASE by the CITY.”2
For these reasons, as for the reasons further explained below, staff recommends the Council deny the appeal.

Keep Fort Ord Wild (KFOW) Appeal
Appellant appeals the Planning Commission’s issuance of the CDP on the following grounds:
• Portions of MST’s larger project, which are outside of the City’s LCP jurisdiction (and in some cases, outside of the City’s municipal boundary), contain Environmentally Sensitive Habitat Areas (ESHA). Under the Coastal Act, only uses dependent on their proposed location in ESHA may be allowed within ESHA. Pub. Res. Code sec. 30240(a). • Under Proposition 116, which was approved by California voters in 1990 as a funding tool for certain public mass transit projects, the Project is not eligible for MST’s proposed funding. Appellant claims that Proposition 116 limits this funding to “rail” projects, and therefore the Project would not qualify because it would remove existing railway and would make future railway use impossible.
2 TAMC/City Lease agreement executed 11/04/22 and City/Museum Sublease agreement executed 11/09/22 4 • The Planning Commission erred in finding the Project exempt from CEQA pursuant to Public Resources Code section 21080.25(b), specifically because in Appellant’s view, the Coastal Commission must find that the exemption applies before the City can make such finding.
• The Project will negatively impact bicycle traffic and coastal access because it will require re-routing existing bike trails such that cyclists will have to share the road with vehicles.

Staff Response (addressed further under “Analysis”): City’s review of the CDP is limited to evaluating CDP’s consistency with specific findings set forth in Marina’s LCP, General Plan, and other relevant planning documents. MMC sec. 17.40.200(E)(3). Valid grounds for appealing a CDP are limited to claims that the proposed development:
a. Fails to provide adequate physical access or public or private commercial use or interferes with such uses.
b. Fails to protect public views from any public road or from a recreation area to and along the coast.
c. Is not compatible with the established physical scale of the area. d. May significantly alter existing landforms.
e. Does not comply with shoreline erosion and geologic setback requirements.

MMC sec. 17.40.090(F).

Only Appellant’s claim that the Project would negatively impact coastal access, by causing bicyclists to share portions of existing bike routes with vehicles, remotely relates to a valid ground for appeal.

Although Appellant does not identify any particular LCP goal or policy relevant to this ground for appeal, as explained above, LCP policies are “statements of intent” and are not binding upon the City. LCP at 2 -1. Rather, “[i] implementation of these policies will sometimes mean achieving a balance among the policies which best effectuates the City’s Local Coastal Land Use Plan.” Id.

Other policies in the LCP support implementation of the SURF! busway. LCP at 2 -3 (Policies 35, 36, 39). By maintaining coastal access for pedestrians/bicyclists while also implementing the SURF! busway – which provides a more climate -friendly, mass transit alternative to commuters in the region – the Planning Commission properly exercised its policy judgment to strike a balance among the LCP’s various policies. Furthermore, the portion of the SURF! project within the City’s CDP jurisdiction will improve existing coastal access by formalizing the existing “social trails” along Beach Range Rd. and Marina Dr. to the new Palm Ave. transit stop (all within the TAMC ROW), and by improving pedestrian crossings at Reindollar Ave. Appellant simply disagrees with the Planning Commission’s policy choice.

Appellants’ remaining grounds for appeal do not relate to any permissible ground for appeal under the municipal code. The claim that portions of the Project site outside of the City’s CDP jurisdiction (and/or City’s municipal boundaries) may unlawfully interfere with ESHA is unrelated to the CDP being appealed, and is beyond the City’s purview here. The claim that the Project’s funding does not comply with Proposition 116 is likewise irrelevant to the CDP permit at issue; the City has no role in the funding of the SURF! project because the , and thus the funding’s consistency with Proposition 116 is outside of the City’s purview as well. Appellant’s claim that the Coastal Commission must find that the Project qualifies for the statutory exemption for certain mass transit projects (PRC 21080.25(b)) before the City can make such determination has no basis in the law, nor does Appellant cite to any. As explained below, the Planning Commission reviewed MST’s grounds for finding the overall Project eligible for the statutory exemption when MST approved the Project. The Commission then exercised its independent judgment to find that the CDP (which is necessary for the overall project) qualifies for the exemption for the same reasons the overall Project does. For 5 these reasons, and for the reasons further explained below, staff recommends the Council deny the appeal.

CEQA Process
On June 14, 2021, MST filed a Notice of Determination of MST’s adoption of a MND for the Project. As part of that process, MST consulted with the City as a “responsible agency” under CEQA (CEQA Guidelines, § 15096). MST determined that, based on the results of the Initial Study and supporting documentation, all potential environmental effects resulting from the project are either less than significant, or can be avoided or mitigated to a less than significant level , and that there is no substantial evidence that the project as mitigated would have a significant effect on the environment. As such, an Environmental Impact Report is not required . On July 11, 2021, MST found the Project exempt from CEQA under the statutory exemption in S enate Bill 288 (2021) , which exempts certain types of transit projects, including bus rapid transit projects, from CEQA, and filed a Notice of Exemption.

Pursuant to the Project’s Mitigation Monitoring and Reporting Program (MMRP) , potential impacts to special status plant and animal species within Environmental Sensitive Habitat Areas (ESHA) are addressed through a proactive program of avoidance, monitoring, control of invasive species, pre - construction surveys, restoration with performance standards, and Federal Endangered Species Act (FESA) compliance. Mitigation measures include, but are not limited to, a requirement that during construction, a qualified biologist educate the construction crew on the special -status species and sensitive habitats that are known or may be present; specific mitigation that will be incorporated into the construction effort and procedures i f a special-status species is encountered ; and the protections afforded by USFWS and California Department of Fish and Wildlife. As a Project with federally protected species and federal funding, the Project and mitigation program must also be reviewed by the Federal Transit Administration and US Fish and Wildlife Service in a formal consultation process before necessary permits for construction can be secured.

On March 13, 2023, MST filed a second Notice of Exemption from CEQA under Public Resources Code section 21080.25, as amended by SB 922 (2022). The statutory exemption applies to , among other transportation related activities, bus rapid transit projects “for which a lead agency has filed a notice of exemption under this section before January 1, 2023.” Pub. Resources Code § 21080.25(i)(1).

Because the project is projected to cost under $100 million to build, the requirements in s ection 21080.25(d) for a racial equity analysis and business case do not apply. Instead, under subdivision (e), MST must hold three community public meetings and respond to public comments regarding the applicability of the SB 922 CEQA Exemption. MST held three public community planning meetings to hear and respond to public comments solely related to the SB 922 exemption for the Project , including at the Marina Library on February 13, 2023. On January 17, 2023, these public meetings were noticed, including publication on MST’s website, on MST’s social media accounts, and emailed to interested parties. The March 13, 2023 , Notice of Exemption was not challenged within the 35-day statute of limitations under CEQA.

Tree Removal Permit (TRP) Approval Remains in Effect
The TRP for tree removal is explicitly not included in the appeal s and, therefore, remains in effect.

For information on the review of the TRP by the Tree Committee 3 and the Planning Commission 4, these staff reports can be found on the Agenda Center website. 3 https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_02262024 -509 6 CORRESPONDENCE
All correspondence received relating to the Planning Commission meeting, and the subject appeal s which were received at the time of this writing are included herein as EXHIBIT C.

FISCAL IMPACT
Application fees have covered staff processing of the original permit. On June 15, 2021, the City Council adopted Resolution 2021 -66 which waives the fee for CDP appeals ensuring that local administrative remedies are exhausted before an appellant can take an appeal to the California Coastal Commission (CCC) which is the final appeal authority . Therefore, no fees were collected to cover the staff costs associated with this appeal.

ENVIRONMENTAL REVIEW:

Staff recommends that the City Council (1) find that the Council has reviewed the Notices of Exemption filed by MST on July 1 2, 2021 , and March 13, 2023, including the reasons MST provided for adopting the exemptions; and (2) find that in the Council’s independent judgment, the project qualifies as exempt from CEQA per Section 21080.25(b) of the Public Resources Code . The City will file a Notice of Exemption with the Monterey County Clerk’s Office.

CONCLUSION:

Staff recommends that the Council adopt Resolution 2024 -, as presented, denying the appeals and upholding the Planning Commission’s April 11, 2024, approval based on findings, conditions of approval, and an exemption from CEQA per Section 21080.25(b) of the Public Resources Code.

Prepared by:
______________________
Alyson Hunter, AICP
Planning Services Manager
City of Marina
Reviewed by:
______________________ ______________________
Guido F. Persicone, AICP Layne Long
Director, CDD City Manager
City of Marina City of Marina
4 https://cityofmarina.org/AgendaCenter/ViewFile/Item/1365?fileID=7626 7 EXHIBIT A1
8 EXHIBIT A1
9 EXHIBIT A1
10 EXHIBIT A1
11 EXHIBIT A1
12 EXHIBIT A1
13 EXHIBIT A2
14 1

April 18, 2024
To: City of Marina
From: Keep Fort Ord Wild
RE: Appeal of City of Marina PLANNING COMMISSION RESOLUTION NO. 2024-09 dated April 11, 2024
With this correspondence Keep Fort Ord Wild (KFOW) appeals the action of the City of Marina PLANNING COMMISSION RESOLUTION NO. 2024-09 dated April 11, 2024 Note: KFOW appeals the entire resolution by the Planning Commission as the language of the resolution combines a Coastal Development Permit and Tree Removal Permit into one action.

Since they cannot be separated, KFOW appeals the resolution and therefore the Coastal Development Permit.

The City of Marina Planning Commission relied on numerous inaccurate statements by MST representatives and documents put forward by the project applicant. These inaccurate statements have been perpetrated by the project applicant over multiple years giving the Planning Commission and the public the impression the SURF project can move forward when, if fact, there are multiple reasons why it is impossible for the SURF project to be constructed.

The overarching barrier to construction of the SURF project is that vast portions of the project are proposed in an ESHA which makes proceeding with construction in the Coastal Zone impossible.

KFOW joins in the reasons and issues raised in all other appeals and reincorporates them as if fully set forth herein, and raises the following issues and concerns in this appeal of the commission actions to approve the permits and the claims and documents in the environmental review under CEQA, the LCP and the Coastal Act. (KFOW reserves the right to submit additional material not included here to the City before the expiration of the appeal period.) EXHIBIT A2
15 2

Proposed Action by the Marina Planning Commission was Premature, SURF Project is Impossible Under the Coastal Act

The proposed action by the planning commission was premature. Only a very small portion of the SURF project is proposed within Marina’s Local Coastal Plan. However, much more of the project (4.4 miles) is in the jurisdiction of the California Coastal Commission. The Coastal Act makes construction of SURF project impossible because vast portions of the project are proposed in an ESHA where land and habitat cannot be disturbed, filled, or graded.

The California Coastal Commission has not approved the SURF project. The SURF project is not scheduled for a hearing in front of the California Coastal Commission. The California Coastal Commission has asked MST for major revisions to the project and to present less impactful alternatives. MST has not provided such alternatives and instead continues to seek approval for the version of the project that would disturb unprecedented areas of ESHA and Coastal Dune Habitat. For further reference, we attach multiple letters from the California Coastal Commission to MST highlighting the fundamental problems with the SURF project and its construction in an ESHA:

The California Coastal Commission informed MST of these problems in 2021 (before MST approved the project). Important excerpts as follows:
“Coastal Act Section 30240 provides for the protection of ESHA, including sensitive dune habitats such as those found at the former Ford Ord and within the TAMC right-of-way: Section 30240 (a) environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.”
“The currently proposed project is located in dune ESHA and is not resource dependent and is not approvable under Coastal Act Section 30240 or under the ESHA policies of the various LCPs that would apply to the project in the areas located outside of the Commission retained permitting jurisdiction…”

EXHIBIT A2
16 3

Project is Impossible Under Proposition 116
The Monterey Branch Line was purchased by TAMC with Proposition 116 funds that set guidelines as to how the line is to be used. Proposition 116 was a State Proposition approved by voters specifically for expansion of rail service. Ultimately, the line can only be used for rail because rail bonds were used to purchase the line. The line cannot be converted to a busway and the tracks cannot be destroyed or covered.

Inspection of the SURF design plans confirm two miles of tracks will be covered or destroyed.

This is critical information and means SURF and a future TAMC rail project cannot co-exist as MST claims. MST representatives continued to intentionally downplay the length of track that would need to be removed for SURF up to and at the 4-11-24 Planning Commission meeting.

SURF makes a future rail project impossible as it destroys the rail line which is not allowed under Proposition 116. MST still claims a rail project is a long-term vision for the corridor.

However, it is now clear the two projects are incompatible, and MST intends to destroy the rail infrastructure along a significant portion of the Monterey Branch Line.

Planning Commission Relied on a CEQA Exemption That Does Not Apply The Planning Commission relied on a CEQA exemption that does not apply. The Planning Commission relied on a prior CEQA exemption for MST’s project that has not has not been fully approved by the California Coastal Commission. Unless and until the entire project is fully approved, the Planning Commission and the City cannot rely on the exemption claimed by MST.

Inaccurate Claims re: Improved Coastal Access and Recreation

MST and TAMC public officials suggest the MST SURF busway will improve local bike paths and coastal access. This is not an accurate on-the-ground reality. The MST SURF busway as proposed will result in negative and dangerous impacts to local bicycle traffic and coastal access during and after construction. The current bike paths have been thoughtfully designed to safely move bike traffic. The after-the-fact insertion of the MST SURF Busway sacrifices safe and easy bike travel.

By design, the busway fractures and re-routes existing bike trails (Beach Range Road, Monterey Bay Recreation Trail, 5th Street Bike Path). At the same time, it introduces awkward and dangerous crossings where cyclists will have to negotiate with two-way bus traffic. In Winter months cyclists will be subject to blinding headlights along with noise and vibration from buses only a few feet away. This is not an improvement from current conditions.

EXHIBIT A2
17 4

Currently, cyclists can travel unimpeded using Beach Range Road and/or Monterey Bay Recreation Trail interchangeably from Palm Avenue in Marina to Playa Avenue in Sand City.

Cyclists do not need to stop or negotiate traffic for this entire distance. These routes are safe and extremely popular with bike commuters and recreational users.

The MST SURF Busway also introduces an awkward crossing at the 5th street bridge and will dig-up and re-route a bike path TAMC recently built that connects safely and easily to the new VA clinic. The MST SURF busway proposal calls for squeezing in a bus lane and a bike path where there currently barely room for a bike path.

Request:

The SURF project would be a detriment to the citizens of Marina damaging coastal ESHA, recreation and coastal access. For all the reasons above, attached and more the Marina City Council should vote to vacate the approval of PLANNING COMMISSION RESOLUTION NO. 2024- 09 dated April 11, 2024, and not grant a Coastal Development Permit for the SURF project.

Sincerely yours,
Michael Salerno
Spokesman, Keep Fort Ord Wild.

EXHIBIT A2
18 May 3, 2023
Mr. Carl Sedoryk
General Manager/CEO
Monterey-Salinas Transit
19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940

Subject: Coastal Development Permit (CDP) Application Number 3 -23-0288 (MST SURF! Busway)
Dear Mr. Sedoryk:

We received the above-referenced CDP application that you submitted on April 3, 2023.

The proposed project includes the construction of a segment of dedicated busway measuring 2.5 miles long and 30 feet wide located seaward of Highway 1 in the TAMC Monterey Branch Line rail corridor right-of-way, in Monterey County. We would first like to reiterate that Coastal Commission staff is highly supportive of MST’s objectives related to improving public transit access for under-resourced communities and reducing greenhouse gas (GHG) emissions. We also believe that bus rapid transit has an important role to play in decarbonizing California’s transportation sector, providing for effective multi-modal transportation options, and improving public access to the coast; we commend MST for their commitment to advancing these goals.

We have reviewed the materials that you have submitted to date and are in need of additional information to adequately analyze the proposed project for Coastal Act conformance. Towards this end, we are unable to file this application until the following is submitted:

1. Demonstration of Need: Thank you for describing how the project intends to serve under-resourced communities and for providing the traffic study and corresponding estimates of ridership, vehicle miles traveled (VMT), and GHG emission reductions. For us to best understand and evaluate the public need for and benefits of the project in a CDP and Coastal Act context, we are in need of additional supporting documentation. Such documentation should include but not be limited to the rationale behind the estimates of ridership used in the traffic study, and the associated reductions in VMT and congestion. Please provide supporting evidence and a descriptive breakdown of the projected 10-minute travel time for buses using the proposed busway. Please also provide an analysis that compares the proposed project to current travel time for existing bus services, and for cars traveling along the same route during both low and high levels of congestion. Please describe and provide supporting evidence for the current level and timing of congestion along this segment of Highway 1, as well as projected future congestion on Highway 1 with and without the project.

DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
19 2. Alternat
ives Analysis: Thank you for providing an alternatives analysis for the no project alternative, the bus on shoulder alternative, the Recreational Trail replacement alternative, the single lane busway alternative, the railroad track replacement alternative, and the brief discussions of a Highway 1 auxiliary lane, an HOV lane, a hybrid of different alternatives, and the use of existing surface streets. However, given the large scope of the proposed project and the expected adverse impacts to coastal resources, a more thorough qualitative and quantitative alternatives analysis that explores all possible options to avoid such impacts is necessary for the Commission to evaluate the project. Alternatives should be on even footing with the proposed project, including a consistent use of zero emission buses across alternatives unless there are feasibility constraints for zero emission buses for project alternatives that do not exist for the proposed project. Specifically:
a. Please describe and show on a site map how each alternative will impact ESHA and the duration of those impacts, including the area of ESHA that will be directly covered by new development. For each alternative, please describe how ESHA impacts would be mitigated.
b. Please provide estimates for bus ridership, VMT, and Highway 1 congestion impacts for each alternative, along with supporting evidence for those estimates.
c. Please clarify why the single lane busway alternative includes an 11-foot breakdown shoulder along the length of the busway. Please also provide an updated single lane alternative that minimizes the width of the busway as much as possible over as much of the proposed alignment as possible. d. Please add an inland alignment alternative that includes the construction of a new busway or other improvements to bus infrastructure outside of the coastal zone. On this alternative, please evaluate the feasibility of an alignment that utilizes existing surface streets, or a combination of existing streets and new dedicated busway, and other public transit enhancements such as street light priority signalization, bus-on-median, dedicated stops/platforms, etc. (e.g., service similar to the recently completed Van Ness Avenue BRT in San Francisco). Such analysis should consider how such an alignment could offer service in close proximity to job/housing centers, including at CSUMB, the VA hospital, and planned development on former Fort Ord property, and how this alignment would compare with the proposed project in terms of ridership.
e. Please add a bus-on-median alternative that takes advantage of the wide median through this section of Highway 1, including whether new dedicated on- and off-ramps in the median could be constructed to provide for easy access to a median-located busway. This alternative should also DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
20 compare the
relative value of the habitats present in the median as compared with the proposed project.
f. Thank you for providing information on the feasibility associated with a bus-on-shoulder alternative. While the application materials specified that CHP and Caltrans are not supportive of this approach, we would note that a bus-on-shoulder project is currently being constructed on Highway 1 in Santa Cruz County. Please explain why the bus on shoulder is feasible and supportable on this other section of Highway 1, but not at this location.
g. Please more thoroughly evaluate hybrid approaches to improving bus service in this area. One hybrid option that is worth consideration is a Highway 1 bus-on-shoulder or bus-on-median from the northern start of the proposed busway at Del Monte Boulevard to Imjin Parkway, then the use of 1
st or 2nd Avenues, until re-entry onto Highway 1 at Lightfighter Drive and a continuation of bus-on-shoulder or bus-on-median down to Fremont Boulevard.

3. Other Permit Approvals: The proposed project is a 2.5-mile segment of a larger 6-mile long project, the remainder of which falls within the Local Coastal Program (LCP) jurisdiction of the cities of Marina and Sand City, as well as portions outside the coastal zone in those cities as well as the City of Seaside. As a standalone project, this 2.5-mile long segment would not constitute a viable busway or meet any of the overall project goals, meaning that for any project benefits to be realized the other segments and elements of the busway must also gain the necessary CDPs and other approvals from local governments. This presents unique analytical and procedural challenges, as there are no guarantees that the other segments of the project will receive the requisite approvals from the local governments. Relatedly, an additional complicating factor to our analysis is that many of the application materials do not differentiate between the 2.5-mile segment within the Coastal Commission’s original jurisdiction (and thus the area subject to this CDP application), and the project as a whole. For example, the alternatives analysis does not differentiate between ESHA impacts for the whole 6-mile project and this 2.5-mile segment for any of the alternatives evaluated.

As such, the project requested in this CDP application poses some difficult evaluation questions, including how this component will relate to other project components that fall within other jurisdictions.
a. Please describe and quantify which parts of the project fall within each LCP jurisdiction, including the amount of dune habitat disturbance and proposed mitigation (see below) in each jurisdiction.
b. Please provide information regarding the permitting status and intended timeline of the portions of the project that are subject to local government approvals, including information regarding the local CDP permitting DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
21 process,
as well as all other required local approvals/permits (e.g., CEQA authorizations, other local discretionary permits, building/grading permits, etc.). We would also like to know, at a minimum, the preliminary receptiveness from each local government on the project in their jurisdiction, including whether there have been any controversies or questions raised, alternative routes and configurations requested for evaluation, etc. Please provide an overview of the CDPs and other permits needed for the project as whole, including what outreach has been done to date to garner public participation, and any significant comments made by members of the public and local decisionmakers.
c. Please also provide verification of all other necessary permits, permissions or approvals applied for or granted by other public agencies such as the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, California State Parks, Caltrans, and the U.S. Fish and Wildlife Service, or evidence that no such approvals are necessary from these agencies.

Once we have received this information, we may have more questions about the project’s substantive and procedural issues and can discuss them with you at that time.

4. Impacts to Environmentally Sensitive Habitat Area (ESHA): The 2.5-mile segment of busway requested in this CDP application is sited entirely within ESHA as defined by the Coastal Act, and there are ESHA impacts for sections of the project within the LCP jurisdictions of Marina and Sand City. a. Please describe the method used to calculate ESHA impacts and show on a site plan all areas of expected ESHA impacts. Please differentiate between short-term temporary, long-term temporary, and permanent impacts as defined in the attached memo from Coastal Commission Senior Ecologist Dr. Lauren Garske-Garcia. While the memo was not written for this project, it describes the Commission’s general approach for ESHA mitigation. Please also indicate the total acreage of ESHA that will be covered by new development, as well as the potential off-site/indirect impacts associated with lighting, noise, and other operations on dune habitat.
b. Please provide a mitigation plan for all impacts to ESHA that documents where and how identified ESHA impacts are to be mitigated. The most recent Coastal Commission combined staff report regarding construction in dune ESHA in this area (A-3-MRA-19-0034 and 9-20-0603, Cal-Am Desalination, available on the Commission’s November 17, 2002 archived agenda at:
https://www.coastal.ca.gov/meetings/agenda/#/2022/11)
provides a helpful reference for the nature of mitigation that the Commission has recently required. Please note that the Commission has adopted a ‘no net loss’ policy for this area of dune habitat, requiring dune habitat creation at a 1:1 ratio for all dune habitat covered by permanent DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
22 development
(see Special Condition 8.c). Regarding mitigation ratios, Dr.

Garske-Garcia’s memo provides helpful guidance on the variability of ratios depending on the type of restoration activities performed. Of particular note, the minimum mitigation ratio for short-term temporary ESHA impacts is 1:1, for long term impacts it is 1.5:1, and for permanent impacts it is 3:1 (which includes the 1:1 dune habitat creation described above, with a remainder of 2:1 for all other permanent impacts).

Depending on the type of mitigation employed, these ratios may also be doubled or tripled.

5. Public Access During Construction: Please describe, and show on a site plan, the existing public access at and adjacent to the site, including as related to the Monterey Peninsula Recreational Trail and Fort Ord Dunes State Park, as well as how this will be maintained and/or closed during construction activities. If public access will be closed during construction, please describe why it will be necessary to close public access and the estimated duration of the closure(s).

6. Public Access After Construction: Please describe, and show on a site plan, the proposed post-construction public access at the site, including the nature and location of any changes or additions to bicycle and pedestrian access to and along Fort Ord Dunes State Park and the Monterey Peninsula Recreational Trail.

Please include a detailed description of all bicycle and pedestrian crossings on the busway and how safety will be maintained at these crossings. Please also indicate any relocation of any bicycle and pedestrian infrastructure, any locations where there is no separation between the busway shoulder and the Recreational Trail, and any locations where there is less than 10 feet between the Recreational Trail and the Busway shoulder.

7. Construction Plans: Please provide complete details of the proposed construction, including: all heavy machinery proposed to be used and at which phases they are required, the construction staging area, the time and duration of construction and all of the proposed best management practices that would be employed to protect water quality and ESHA during construction.

8. Drainage Plan: The proposed project will lead to significant impervious coverage over coastal sand dunes which are highly susceptible to erosion. Please provide a drainage plan that clearly identifies all measures that will be taken to collect and direct site drainage. Please also describe and show on a site plan where drainage will be directed, including the location and type of any infiltration infrastructure, and indicate how erosion will be prevented during heavy rains.

9. Mapping: The proposed project covers a large area, and the maps provided either do not show adequate detail or are so zoomed in as to lack the overall context of the project. Please provide a highly detailed map overlaid onto satellite imagery, or shapefiles of the proposed project, that show in detail the locations of all proposed elements of the project including the busway, any modifications to the existing public access trails, and the location of proposed retaining walls.

DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
23 10. Retainin
g Walls: The proposed project includes a total of 5,920 linear feet of retaining walls. Please indicate the length of retaining walls proposed in this CDP application, excluding all retaining walls outside of the original permitting jurisdiction of the Coastal Commission. Please also provide visual simulations showing a typical section of the proposed retaining wall as seen from traveling north and south on both Highway 1 and the Monterey Peninsula Recreational Trail.

11. Fencing: Under the ‘Construction Impacts’ section of the CDP application package, the final bullet point mentions fencing but no additional information regarding proposed fencing is provided. Please describe the location, height, and type of any permanent fencing proposed for installation. Please also describe any signage or other measures intended to keep pedestrians and bicyclists off the Busway.

12. Parking: Please provide additional details on the parking at the 5 th Street station,
including as related to cost, availability to the general public (i.e., will it be available for just bus riders or the general public, including users of the Recreational Trail and State Park?), and hours of operation.

13. Zero Emission Vehicles: Please clarify the status of proposed usage of zero emission vehicles on the busway. Will zero emission vehicles be exclusively used on day one of the operation of the busway? If the busway is only a section of a much longer route that buses will take between Salinas and Monterey, will MST have an adequate number of zero emission buses to run the entirety of that route without requiring passengers to disembark from fossil fuel power vehicles and transfer to zero emission vehicles before traveling on the busway?

14. Other Vehicles: Please clarify if any other vehicles, including emergency services or vehicles used for special events (shooting a movie, etc.), will ever be permitted on the busway aside from those necessary for maintenance.

15. Future Rail Service: Please further describe the impacts the project will have on the existing railroad tracks, including where and how much track will be removed and any impacts to the structural integrity of the tracks caused by grading and retaining walls adjacent to the tracks. Please also describe the future compatibility of the busway and rail service if funding were secured to restore rail service along the corridor; would the busway and rail service be able to provide service simultaneously given the currently proposed configuration of the busway? Would future rail service require the termination of bus service? Overall, how would the construction of the proposed busway impact the feasibility of future rail service? Please describe and provide any relevant documentation regarding any commitments or legal restrictions relating to the future use of rail in the TAMC corridor and the preservation of the railroad tracks, if any such commitments or restrictions exist.

16. Public Outreach: please provide a comprehensive summary of the public outreach that has been conducted relating to the project, including the DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
24 communit
ies that were engaged, the extent of public participation, and when outreach activities occurred.

17. Public Access Signage: Please clarify the type and nature of signage to be installed at the 5th Street station for “social equity reasons” (described on page 28 of the supporting materials and required attachments document submitted with the CDP application).

18. Appendix B (Local Agency Review Form): Please have a member of Monterey County planning staff complete and sign Appendix B and return the completed form to our office.

19. Appendix C (Mailing List) and Envelopes for Noticing: Please submit a revised mailing list (Appendix C) that includes the addresses for all property owners and occupants for each property located within 100 feet (excluding roads) of the property lines of the entire project site, including areas outside the Coastal Commission’s original jurisdiction. In addition to the 100-foot addressees, please also supplement the mailing list with addressees organized by and corresponding to: (a) all other parties known to be interested in the proposed development (e.g., persons expressing interest at local hearings, advisory committee meetings, during CEQA review, etc.); (b) the Monterey County Department of Housing and Community Development; and (c) all contacts from consultations with other applicable regulatory agencies (e.g., State Parks, CDFW, ACOE, USFWS, NMFS, RWQCB, etc.). Please provide stamped envelopes for each person or agency on the mailing list. The envelopes must be #10 envelope: no window, no return address, square flap, NOT self-seal with forever stamps (not 1
st class). Finally, to the extent that multiple hearings are noticed for this matter, you will need to submit new sets of stamped envelopes for each subsequent hearing after the first. Please also provide written evidence that you will submit such additional envelopes, if necessary, upon request in the future.

20. Appendix D (Declaration of Posting) and Posting Notice: Please fill out the enclosed “Notice of Pending Permit” forms and post and maintain the notices where they will be conspicuously visible to the public including, at a minimum, at the northern end of Beach Range Road before it passes under Highway 1, the northern end of the Recreational Trail before it passes under Highway 1, the intersection of Beach Range Road and 8
th Street, the intersection of the
Recreational Trail and the path that runs under Highway 1 by 5th Street, the intersection of 1st Street and Beach Range Road, and the southernmost end of Beach Range Road where it intersects the Recreational Trail. All notices: (a) must be weatherproofed (e.g., laminated or otherwise covered in plastic) in the event of inclement weather; such weatherproofing must not make the notices difficult to read; and (b) must be posted at a readable height (i.e., three to five feet or so) against a solid background at least as large as the notice (e.g., an 8½" x 11" piece of plywood attached to a stake). Once the notices are posted, please submit a graphic showing all notice locations (in site plan view), and please submit photographs of such notices keyed to the site plan. All of the notices must DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
25 remain pos
ted as described until the Commission makes a decision on the proposed project. Any notices that become unreadable or are missing (for whatever reason) must be immediately replaced. When the site has been posted, please complete Appendix D (Declaration of Posting) and return this completed form to our office. Please note that additional posting may be necessary when this item gets closer to being scheduled for a hearing in front of the Commission.

Please provide written evidence that you will commit to such posting when and as directed in the future.

We will hold the application for six months from today’s date (i.e., until November 3, 2023) pending receipt of these materials. After all of the above-listed materials have been received, the package will again be reviewed and will be filed if it contains materials sufficient for a thorough and complete review. Please note that there may be additional materials necessary for filing purposes depending upon the nature of the information provided pursuant to the above-listed materials. If all of the above-listed materials are not received within six months, CDP Application 3-23-0288 will be considered withdrawn and will be returned to you. This submittal deadline may be extended for good cause if such request is made prior to November 3, 2023. I look forward to working with you on this project. Please do not hesitate to contact me at [email protected] or (831) 427-4863 if you have any questions regarding the above information requests.

Sincerely,
Breylen Ammen
Coastal Planner
Central Coast District Office

Cc: Todd Muck, Michelle Overmeyer, Lisa Rheinheimer, Tad Stearn, Peter Meyerhofer Enclosure
DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT A2
26 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ , CA 95060
PHONE: (831) 427 -4863
FAX: (831) 427 -4877
WEB: WWW.COASTAL.CA.GO V

SENT VIA ELECTRONIC MAIL May 10, 2021

Michelle Overmeyer
Director of Planning & Innovation
Monterey-Salinas Transit
19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940

Re: Monterey-Salinas Transit Busway Project

Dear Ms. Overmeyer:

Thank you for the opportunity to provide comments on the proposed Monterey-Salinas Transit (MST) Busway Project in north Monterey County. Please provide these comments to the MST Board Members prior to today’s meeting on the project and please include these comments in the administrative record for the project.

The Coastal Commission has worked diligently over many years to develop strategies to maximize public transit opportunities and to reduce carbon emissions and reliance on fossil fuels, including to help counter the effects of global climate change and the resulting impacts from sea level rise. Thus, at a broad level, we are generally supportive of projects that can help increase our overall resiliency through development of public transit projects such as this. At the same time, however, such support only extends as far as such development can be achieved in a manner that is consistent with the California Coastal Act and with the applicable Local Coastal Programs (LCPs). It is within this context that we provide the following comments.

Outreach
We understand that MST has undertaken some outreach to the public and relevant stakeholders to solicit public comment for the proposed transit project, including via today’s meeting. However, from our discussions with the public and other stakeholders it appears that there is limited understanding of the proposed project, and thus it appears that potential interested parties may not have been thoroughly engaged, especially in light of COVID-19 and the associated difficulty for the public to ask questions and receive answers on the proposal in a meaningful way. We strongly recommend that the MST Board not take action on the project today and instead recommend that MST staff redouble its efforts to reach out to affected communities by scheduling multiple/repeat informational and educational webinars, including at a minimum presentations through regular City Council and Board of Supervisor virtual meetings (and in-person meetings as soon as possible) for all jurisdictions affected by the project going forward. We also strongly believe that the process should be extended to allow more time to discuss and evaluate project alternatives with affected cities and entities that address regional public transportation needs in a manner that protects EXHIBIT A2
27 MST Busway Project Comments
2 coastal resources and is approvable under the Coastal Act and applicable LCPs. See more discussion in the “ESHA” section below.

Jurisdiction
A significant portion of the project lies within the Transportation Agency of Monterey County’s (TAMC’s) right-of-way on the former Fort Ord military base seaward of Highway 1. The entire area west of the highway is within the Commission’s retained permitting jurisdiction and a coastal development permit (CDP) from the Commission will be required for any development within this area. The standard of review will be the Coastal Act. Also, as we understand it, other elements of the project fall within the purview of adjacent local governments (e.g., Marina, Sand City, Seaside, and Monterey County) and separate CDPs for those project elements will be required from those respective jurisdictions. The certified LCPs will be the standard of review in those locations. In certain limited cases where a project has split CDP jurisdiction, the Commission has the ability to process a consolidated CDP as opposed to separate CDPs (and potential appeals), provided the applicant, the local government, and the Commission’s Executive Director all agree to such processing and when public comment and participation will not be substantially impaired. While consolidation is a potential vehicle to process the CDP, we believe it is too early in the process to determine whether it is appropriate to do so, including because there are substantive coastal resource issues that first need to be addressed prior to a determination of how the permitting process should be undertaken, all as described in more detail below.

Environmentally Sensitive Habitat (ESHA)/ Project Alternatives The IS/MND notes that the majority of the alignment (roughly five miles) of the busway project would be within TAMC’s Monterey Branch Line rail corridor right-of-way, an approximately 100-foot- wide corridor located between the Fort Ord Dunes State Park recreational trail (i.e., Beach Range Road) and the Caltrans right-of-way recreation trail, both of which are located seaward of Highway 1. More specifically, the alignment would be located mainly in the sand dunes area seaward of the TAMC rail corridor right-of-way and would deviate from this general alignment only when necessary to avoid bridge under-crossings and other similar obstacles. The IS/MND describes the TAMC rail corridor as heavily disturbed but also wide enough to support native and non-native plant communities. The IS/MND acknowledges that sensitive habitats exist in this area of the coastal zone, which includes the underlying sand dunes within the TAMC right-of- way, and focuses on providing mitigation for project-specific impacts to known rare and/or sensitive plant and animal species. The IS/MND only evaluates the busway on the Monterey Branch Line rail corridor right-of-way alternative.1

1 MST in conjunction with TAMC and other stakeholders, prepared a Bus-on-Shoulder/Branch Line Feasibility Study in 2018 to respond to growing traffic congestion and delays on State Route 1 in Santa Cruz and Monterey Counties. The study evaluated several project alternatives. Determination of feasibility was based primarily on annual ridership, time savings, total capital cost, and reduction in vehicle miles traveled. Environmental impacts were scored as either significant, possibly significant, or not significant.

There was no quantification of impacts in terms of habitat loss or disturbance, no discussion of necessary mitigations or costs associated with mitigations, and these costs did not enter into the feasibility equation.

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28 MST Busway Project Comments
3 Coastal Act Section 30240 provides for the protection of ESHA, including sensitive dune habitats such as those found at the former Ford Ord and within the TAMC right-of-way:

Section 30240 (a) environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

The protections afforded by Coastal Act Section 30240 extend to both natural and degraded dunes, i.e., whether the dunes are covered in native dune plant species, ice plant, or base rock, including because of the inherent ability for degraded dunes to be restored. As noted in past correspondence to MST staff regarding this project, only resource-dependent uses that do not significantly disrupt ESHA are allowable in ESHA.

The project description contained in the IS/MND identifies roughly five linear miles of two-lane roadway surface, drainage improvements, retaining walls, fencing, utility connections, traffic and safety controls, and operation of motorized bus service all within sand dune ESHA. The project would include roughly 22 acres of new impervious surface and approximately 23 acres of grubbing and grading, much of this in dune ESHA. A transportation infrastructure project like this is not an allowed use in ESHA and therefore is inconsistent with the Coastal Act and applicable LCPs. Additionally, based on the project description the proposed development will introduce additional traffic, noise, light, and general disturbance within and adjacent to sand dune ESHA, thereby also resulting in significant disruption of ESHA habitat values.

The currently proposed project is located in dune ESHA and is not resource dependent and is not approvable under Coastal Act Section 30240 or under the ESHA policies of the various LCPs that would apply to the project in the areas located outside of the Commission retained permitting jurisdiction. Furthermore, the project will include the construction and staging of equipment and materials, and it is not clear whether these activities will occur within the dunes; if so, those activities also have the potential to cause significant disruptions to adjacent habitat areas, inconsistent with Coastal Act Section 30240 and related LCP ESHA policies. Given the sensitive dune resources involved and the need to ensure that ESHA habitat values are appropriately protected, we recommend that MST prepare a comprehensive evaluation of a reasonable range of alternatives, including options that avoid impacts to dune ESHA, whether degraded or not, that the proposed new two-lane bus thoroughfare would present.2 The analysis must quantify the impact for each alternative in terms of permanent and temporary habitat loss / disturbance, along with identification and recommendation of corresponding mitigation proposed for each alternative. This level of analysis will be needed for Commission staff and City and County staffs to fully evaluate any project for

2 At a minimum, the range of alternatives should include: 1) establishing bus service within the existing highway right-of-way via widening or use of an existing lane; 2) establishing an HOV lane in the right- hand lane of Highway 1; 3) commuter rail on the existing rail alignment; 4) utilizing surface city streets to accommodate bus rapid transit.

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29 MST Busway Project Comments
4 Coastal Act and LCP consistency, and our Commission will expect this analysis to be present in the staff report for any project.

Public Access and Recreation
Coastal Act Section 30240(b) requires that development sited adjacent to parks and recreation areas shall be sited and designed to prevent impacts that would substantially degrade those areas. Based on the project description contained in the IS/MND, the proposed busway transit project would include roughly five linear miles of two-lane roadway surface, drainage improvements, retaining walls, fencing, utility connections, traffic and safety controls, and operation of motorized bus service immediately adjacent to an important park and recreation area, i.e. Fort Ord Dunes State Park, where it is clear the effect will be a significant degradation of the park experience, inconsistent with Coastal Act Section 30240(b). The proposed development will introduce additional traffic, noise, light, and general disturbance well beyond the physical development location and much closer to important park recreational amenities (e.g., the portion of the recreation trail located on Fort Ord State Park property) than the current commotion originating from Highway 1 in this area. The busway would be visible from the same public recreation trail and the Commission-approved Fort Ord Dunes State Park campground. Please also see the letter from the California Department of Parks and Recreation (dated April 11, 2021), in which State Parks’ staff describes a myriad of impacts to Fort Ord Dunes State Park from the project. In short, the proposed project will result in significant coastal access and recreation impacts, including to Fort Ord Dunes State Park and the adjacent recreation trail, and thus the proposed project is inconsistent with Coastal Act Section 30240(b) and cannot be approved.

Public Views
The Coastal Act protects public views “as a resource of public importance,” where development is required to be sited and designed to protect views to and along the ocean, to be visually compatible with the character of surrounding area. The IS/MND suggests that although the views of coastal Fort Ord could be considered scenic, these same vistas are not significantly affected or compromised by the project.

Visual renditions from Highway 1 provided with the IS/MND are clear in that buses traveling within the rail right-of-way will be visible during both day and night, and will be especially noticeable during the night due to bus lighting. As proposed, the sweeping unobstructed views of the highly scenic Fort Ord coast would now include additional permanent facilities that would be visible during day and ongoing bus travel that would visible day and night, significantly degrading said views. These impacts are certain to occur no matter whether an alternative is chosen within the Caltrans or TAMC right-of- way. However, views from the Fort Ord recreational trail would more likely be significantly impacted by the busway development in the TAMC right-of-way, which would be in some instances merely feet away from the trail. Likewise, views from the campground would suffer from a similar increase in visual detractions. Accordingly, we strongly recommend that MST adopt an alternative that avoids and/or minimizes the amount of new paving and infrastructure needed to initiate service, and realigns the bus service in closer proximity to the existing highway right-of-way, i.e. away from the Fort Ord recreation trail and the Commission-approved Fort Ord State Park campground.

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30 MST Busway Project Comments
5 In conclusion, although we are supportive of strategies to maximize public transit opportunities and to reduce carbon emissions and reliance on fossil fuels, the current proposal cannot be found consistent with the Coastal Act or with the applicable LCPs.

We strongly suggest that MST take a pause on this project to develop a public process to evaluate alternatives that will not result in the range of significant coastal resource impacts described herein. We are available for consultation as you proceed forward.

Regards,

Mike Watson
Coastal Planner
California Coastal Commission

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80 From: [email protected]
To: Greg Simmons; Alyson Hunter; Nick Mcilroy; Guido Persicone Cc: [email protected]
Subject: MST Tree Remove Application Continuance
Date: Thursday, January 11, 2024 9:52:06 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Dear Tree Committee Members and Planning Staff,
I’m writing as a member of the public in the matter of the tree removal application for the SuRF! project in Marina. I applaud the Tree Committee’s decision to continue discussion on the matter since there was a lot of new information presented that was not in the agenda packet. It takes time to digest such weighty material and with the lives of so many trees at stake.

In the 5th Station design, MST took all of the area for parking and for bus turnabouts and (as a result) proposes to remove approx. eighty trees. In their presentation comments, they stated that they have discussed with State Parks about using some of the parking for overflow from the Fort Ord Dunes State Park.

Clearly this indicates over-design for the SuRF! project and suggests an opportunity to either preserve some of the existing trees or to incorporate trees into the design.

In the design drawing that were presented, it appeared that there were few (if any) trees in the plan. I am reminded of the Joni Mitchell song “Big Yellow Taxi” and it’s iconic lyric “paved paradise, put up a parking lot.”
I encourage, during the time until the next Tree Committee meeting, that Staff, the Tree Committee, and the Applicant work together to modify the 5th St. Station design to incorporate trees into the design. As the chair noted, our native trees can provide a striking architectural and esthetic component to a design. I think we’ll all note that in parking lots, cars will often gravitate towards trees due to the shade that they provide. If the existing trees cannot be incorporated, perhaps native trees can be part of the landscape features. This station is near the dunes that define our city.

To emphasize my point of parking over-design, I went down to the Marina Transit Center this morning during what is purported to be the height of the commute at 8:30am. There were two cars in the lot. One of the cars was waiting for a passenger from Monterey (I asked). The other was empty. While I was there, the #20 arrived , I couldn’t see the number of people on the bus, but no passengers boarded, and one disembarked. MST is an under-utilized transit system in Marina and (IMHO) SurF! is not going to change that much. Last year, MST discontinued the lines in my neighborhood (upper Rheindollar). It may increase ridership from Salinas to Monterey and from CSUMB to Monterey, but not substantially (IMHO). My point is, there is room in that station design to accommodate trees.

I sincerely hope that the Tree Committee can be successful in accomplishing this.

While I can’t participate as a committee member, I am happy to assist in any way that I can as a community member.

Sincerely,
Jeffrey Markham
Parking Lot at ~8:35

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81 Transit Center Gates .. my car is fore

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Alyson Hunter
From: Todd Clark <[email protected]>
Sent: Thursday, March 28, 2024 4:53 PM
To: Alyson Hunter
Subject: SURF Bus Project comment
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

I am writing to object to Coastal Development permit for the SURF Bus Rapid Transit line, identified as CDP 24-0004. The proposed development is not compliant with the Marina Local Coastal Plan because it disturbs land within a protected ESHA and full mitigation is not feasible.

Please acknowledge receipt of this email.

Sincerely,
Todd Clark
17926 Maplehurst Pl
Canyon Country, CA 91387
(661) 600-7590

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84 April 1, 2024
Marina Planning Commission
211 Hillcrest Avenue
Marina, CA 93933
Re: MST Tree Removal Permit and Coastal Development Permit for the SURF! Busway and Bus Rapid Transit Project
Dear Marina Planning Commissioners,
On April 11, 2024, the Marina Planning Commission will consider approving a Tree Removal Permit and Coastal Development Permit for the SURF! Busway and Bus Rapid Transit Project (SURF! Project). Since early 2020, MST and the Transportation Agency for Monterey County have worked purposefully to plan the SURF! Project to bring meaningful, real, and immediate benefits to our communities while minimizing impacts. We have planned the SURF! Project to bring these community and environmental benefits:
✓ Connecting communities. Creating opportunity. Being kind to our planet. ✓ Upgraded traffic signals for better traffic flow along Reservation and Del Monte. ✓ One mile of new and safer multiuse trail connections to Fort Ord Dunes State Park.
✓ Safer access for people with mobility limitations including at Del Monte and Reindollar.
✓ More travel time options and more frequent transit service for riders. ✓ Better, more reliable transit without getting stuck in Highway 1 traffic. ✓ Quiet, modern, and zero-emissions buses.
✓ Fewer vehicle trips on area roadways.
✓ Reducing greenhouse gas emissions by over 1,900 annual acres of forest in carbon sequestration.
✓ Over $27M in local economic impact in Marina as a result of the SURF! project.

DocuSign Envelope ID: 6D6AB993-E65A-46F8-81CB-0BD4F269A108

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85 More information about the SURF! Project can be found at: https://mst.org/about- mst/planning-development/surf/ At the top of the page, a short video simulation provides a thorough visual explanation of the Project.

Because of the extensive benefits of and public interest in the SURF! Project, MST’s public outreach efforts have been comprehensive and extensive. MST staff have attended over 140 public meetings, site visits, or outreach events. We have connected with over 4,300 attendees and gained support from influential leaders, community organizations, and individuals. The following list includes elected leaders, governmental organizations, community groups, and individuals who have provided MST with support for the Project in the form of backing for grant requests, support for a Coastal Development Permit, or awarded significant grant funds to the SURF! Project:
• Federal Transit Administration
• Congressman Jimmy Panetta
• US Senator Alex Padilla
• Former US Senator Dianne Feinstein
• California State Transportation Agency
• California Speaker Robert Rivas
• Assemblymember Dawn Addis
• Former Assemblymember Mark Stone
• California Senators John Laird and Scott Weiner
• Retired Senator Bill Monning
• California State Parks
• California State University Monterey Bay
• California Transportation Commission
• Association of Monterey Bay Area Governments
• Monterey County Supervisor Wendy Root Askew
• Transportation Agency for Monterey County
• California Department of Transportation
• Monterey Bay Air Resources District
• LandWatch Monterey County
• Blue Zones
• Monterey Firefighters Association
• Marina and Monterey Peninsula Chambers of Commerce
• Monterey County Hospitality Association
• Fort Ord Regional Trail and Greenway
• The Cities of Marina, Sand City, Salinas, Monterey
• Monterey Bay Aquarium
• ITN Monterey County
• CHISPA
• Monterey Peninsula Unified School District
DocuSign Envelope ID: 6D6AB993-E65A-46F8-81CB-0BD4F269A108

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86 • United Veteran’s Council of Monterey County
• MST Mobility Advisory Committee
• 40+ individual members of the community
MST urges the Marina Planning Commission to consider this overwhelming community support for the SURF! Busway and Bus Rapid Transit Project and approve a Tree Removal Permit and Coastal Development Permit. The SURF! Project in conjunction with the City of Marina’s downtown plans will bring vibrancy to the community while reducing bus emissions and promoting active transportation.

If you have any questions about this letter or the SURF! Project, please contact me at [email protected].

Sincerely,

Carl Sedoryk
General Manager/CEO

Online Enclosure: Binder with SURF Letters of Support.pdf DocuSign Envelope ID: 6D6AB993-E65A-46F8-81CB-0BD4F269A108

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94 April 8, 2023

City of Marina
Planning Commission
Marina, CA

RE: SURF! Busway and Bus Rapid Transit Project

Dear Commissioners,

The SURF! Busway and Bus Rapid Transit Project will provide an alternative transportation route along the heavily congested Highway 1. One of the most exciting aspects of this project is the opportunity to reduce transportation greenhouse gases and create a route that is more efficient outside of normal, congested travel lanes.

Thank you for your consideration of this transformative transportation project.

Sincerely,

Hans Uslar
City Manager

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Chair and Members of the Marina Planning Commission - Meeting of April 11th, 2024 Submitted by: Stephen Kennedy
Public Comments: ITEM No. 8A
At what cost to the environment and to the taxpayers is MST SURF Project going to be, for the sole purpose of saving 14 minutes of travel time for com- muters?
Such lack of creative route planning by MST could have resolved this travel time, by utilizing parallel roadways to Hwy One… during highly congested time peri- ods.

Lack of calculations for carbon sequestration when using such things as cement (Portland) for road building, which many people do not know or under- stand, but it is the third highest production of CO2 emissions, due to the process of heating of the components to 2,700 degrees F in a kiln, or even oil base materi- als have not been calculated by MST.

Additionally, the absence of any mention of microplastics coming off tires of the electriﬁed SURF buses is very convenient, but totally wrong, when MST is promoting the environmental positives in their reports.

Not acknowledging the possible retroﬁtting for earthquake of the Hwy One un- derpass, which buses will travel; the on-going maintenance of moving tons of sand where MST plans to put a Roundabout is a true disservice to not only all the local taxpayers who are required by formula to participate in the annual costs of MST, but to MST’s Board Members who are not made aware of all these additional costs and potential problems.

The below is what was submitted previously and request to be part of the PUBLIC RECORD along with the above COMMENTS:

April 9, 2021 (Public Comments Re: Mitigated Negative Declaration (MND) MST’s Surf! Busway & Bus Rapid Transit Project:

MST Latest Proposal for Paving the Coast!
The February 2011 Alternatives Analysis for the Monterey Peninsula Fixed- Guideway Study - Volume 2: Locally Preferred Alternative as commissioned by the

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Transportation Agency for Monterey County provides the proper concept and analysis for obtaining what is needed in this environmental sensitive area:

Agriculture and tourism are the two largest generators of jobs on the Peninsula, and together contribute a signiﬁcant proportion of total economic development in Mon- terey County. Both of these land uses are highly dependent on a sound environmental foundation. The Area oﬀers everything from a world-recognized produce market whose farms feed a large part of the country, to a haven for the fragile Monterey Bay aquatic sanctuary. The need to sustain the viability of these enterprises through sound environ- mental practices is both obvious and practical. 1
The Monterey Salinas Transportation Agency (MST) is now proposing with engi- neering drawings being prepared at this time (with taxpayer dollars) to provide an alter- native paved roadway on a segment oﬀ Scenic Highway 1, that will allow faster com- mute times for riders utilizing MST. Instead of looking at alternative means for the ef- fective transporting of individuals via a bus system, MST has proposed to build addi- tional roadways in a bio sensitive area and in an area that has been considered a scenic corridor since the early 60’s.

The redevelopment of Fort Ord provided a system of roadways that includes new express roadways such as General Jim Moore which runs from CSUMB to Canyon Del Rey running parallel to the Highway 1 Scenic Highway. General Moore 2 Blvd is considered an express roadway and MST minimally utilizes. It is considered the Transportation Agency for Monterey County (TAMC) Alternatives Analysis for the Monterey 1 Peninsula Fixed Guideway Corridor Study, Volume 2: Locally Preferred Alternative, February 2011
See Google map screenshot of General Moore Avenue showing an expensive four lane road2 - way running parallel to Scenic Hwy 1.

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fastest way to reach Seaside less than a 10 minute drive 6 miles and could easily be used as an alternative to Line 19 services, particularly as a substitute route as an ex- press line between Bunker Hill/Yorktown and Del Monte Center. 3 The statements made by MST is that it needs an alternative and paving an ad- ditional roadway in a very sensitive area, where such may even be in conﬂict with walk- ers/bike riders with crossovers for large buses and a narrow under Scenic Highway 1 existing underpass is the only solution. The Monterey Peninsula Recreational Trail (also known as the Monterey Coastal Trail) extends approximately 18 miles between Castro- ville and Paciﬁc Grove is a Class 1 Bikeway. The incompatibility of having large buses that may or may not carry any bus riders is very concerning. Interference with riders and walkers when buses are traveling at a much higher speed, even if separated is dis- concerting at the least and can be unnecessarily dangerous particularly with cross ﬂow intersections (even if controlled - bike riders many times will attempt to beat or may ig- nore such cross over points). The small underpass (under Scenic Highway 1) is also incomparable with walkers and bikers attempting to share such.

Fully utilizing General Moore Blvd and adding express lines for weekends and weekdays is the best solution for those needing to reach such places as the Del Monte Shopping Center and in a timely manner with a simple route change from General Moore to Hwy 68 (West) to Highway 1, which bypasses Highway 1 blockage, that oc- curs north of the Hwy 68 Highway 1 interchange.

So putting in non-polluting buses on a new roadway bypassing those who may be stuck in tourist related or even workforce Scenic Highway 1 slow down, will result in Note: This could be a non-stop express line that could easily travel from Bunker Hill & York3 - town via General Jim Moore to Canyon Del Rey and to the Monterey-Salinas Hwy connecting into Hwy 1 north to the Del Monte Center.

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a higher level of ridership? This is very much conjecture and regarding tourists who 4 normally stay in accommodations in the southern area (Seaside/Monterey/Paciﬁc Grove areas, very few would take the Surf bus system.
5 Chapter 6 of the Fixed-Guideway Study provides a Financial Plan and Table 6-3 points out that the taxpayers have already spent $17,659,275.00 in the “Advance Right-Of-Way Acquisition Phase” and the “Planning And Conceptual Design Phase”.

The taxpayer funding was from Proposition 116 (Clean Air and Transportation Im- provement Act of 1990):

Findings and Declarations:
(Section) 99601. The people of California ﬁnd and declare all of the following:
(a) Rail transportation results in cleaner air, less energy use, more transportation opportunities for those who cannot drive, and less crowding on already overcrowd- ed streets and highways.
(b) For these reasons, it is appropriate to use state general obligation bonds to ﬁnance rail infrastructure.
(c) This part will result in implementation of part of an overall transportation plan which will provide cleaner air and better transportation options for all Californians. 6 Even in the Alternatives Analysis - Volume 2: Locally Preferred Alternative it plainly states, “The long-proposed Highway 1 widening projects may never gain ap- proval from an environmental impact status, regardless of funding.” So why would the 7 Ridership becomes a multiple of same individuals actually using a bus system. Metrics can 4 be very misleading (intentionally or not) when the system counts those getting on and also those getting oﬀ, as well as when changing bus lines…the single passenger becomes a multi- ple number. It does not reﬂect the true number, but is rather exploded based on the term “rid- ership”. If we counted number of passengers (riders) in a vehicle we would include getting in/ out of the vehicle and if we stop at a store and back on - it multiplies.

Draft Transportation Impact for the MST Surf! Kimley-Horn & Assoc. Dec. 20205 Part 11.5. Clean Air and Transportation Improvement Act of 1990 Chapter 1. General Provi6 - sions (Citation Added Proposition 116) Underlined for emphasis.

Op cit., Alternatives Analysis pp. 7

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Coastal Commission or even a properly drawn up EIR provide any type of reasoning for approval of the current MST proposal for a frontage road build out running beside this Scenic Highway?
8 Even in the OverView of the Surf! Busway and Bus Rapid Transit Project, it states:
“Surf! will utilize the Monterey Branch Line rail alignment, which linked the Peninsula with San Francisco from 1880 to 1971. The Transportation Agency for Monterey County (TAMC) purchased the unused line in 2003 to preserve it as a transportation corridor, and light rail is the long term vision for the corridor if the cost becomes feasible in the future.”
I am very concern that the removal of the existing rails including the current rail bed (rocks and railroad ties) will not only be a wasteful expense but one of major dis- posal issues (including new TWW disposal rules). Particularly, when such could be re- worked and utilized for a new light rail system.

Again, if the MST Board feels that this is a current solution in reducing pollution, they really should study what type of negative carbon oﬀset occurs with the use of paving material such as asphalt or utilizing cement or even a recycled mix. This is 9 sensitive land that with any type of construction will result in violations of the Environ- mental Protection Act. It is also not necessary with the current layout of roadways, such as General Jim Moore Blvd., which could be utilized with little cost and create the same eﬃciency in mobility for those riders of MST.

Violation of the Federal Coastal Zone Management Act (CZMA) of 1972, which is under the 8 jurisdiction of the California Coastal Commission and their applicable policies, including pro- tecting and where feasible restoring coastal resources.

Appendix 11, pp 13 Const GreenHouse Gas Emissions Table 11-2 - does not discuss the use 9 of Portland cement in retaining walls or actual roadway material, which has a very high rate of carbon emissions when producing. Is this Environmental Clearance deﬁcient?

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6 The Surf! Busway and Bus Rapid Transit Project, includes a statement relating to Maintenance - downplaying greatly issues associated with roadway maintenance.

Statement made: “Due to occasional blowing sand from nearby sand dunes, particular- ly in the southern portion of the busway, regular sweeping and sand removal may be required”. Maybe required?? For heaven sakes! Current maintenance by the park sys- tem and other jurisdictions, including CalTrans in this area requires an expensive on- going maintenance system relating to not only to Highway 1, but also the Class 1 bikeway (Monterey Coastal Trail). The proposed roundabout which may not be consid- ered part of this study, but has been previously reference and is well documented is located with a sand dune that is 100 feet high close to the bus roundabout proposal.

I can see why they did not include this in this study, due to the amount of re- quired engineering including very high retaining walls, which in my opinion would fail with blowing sand ﬁlling up behind such and ﬁnally falling over the engineered walls.

With Climate Change and a more robust climate, I am dismayed how cavalier this study would make such a statement regarding “blowing sand”. 10 I am also very concern that MST’s current proposal will result in delaying or can- celing the work and jeopardizing monies put into TAMC’s Monterey Peninsula Fixed- Guideway Study. This project/study has utilized monies from the taxpayers in the sums of over $17.6 million dollars to acquire land (Proposition 116 for Rail purpose only:
$9,238,475 and (SB 620 for the sum of $2,961,000) and it maybe a violation of the guidelines, where such would have to be paid back with interest, if the Fixed Guideway project is not fulﬁlled timely or not at all. Again, Proposition 116 is dedicated to rail Appendix 3, Page 3-2 Chapter 3.6.4 Maintenance and Security 10

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7 projects, not additional or dedicated bus lanes. I believe the acquisition costs for the Right of Ways would be subject to repayment.
11 Have the policy makers (MST Board of Directors) and others taken their eyes oﬀ the target regarding the utilization of the existing rail systems in Monterey for a better tomorrow or even today? The previous preferred use ( February 2011) Alternatives Analysis for the Monterey Peninsula Fixed-Guideway Study - Volume 2: Locally Pre- ferred Alternative and the subsequent purchasing of rail right of ways was what the public and the policy makers decided was the right thing to do. Funding was provided and accomplished. Federal language for the expansion of light-rail by providing funds to utilize such is clear.

MST and Monterey can do the right thing. Utilizing existing roadways (General Moore) in a more eﬃcient manner will provide better customer service for passengers and will also save the taxpayer of local cities who are subsidizing MST operations and maintenance each and every year.

The Federal and State of California Coastal Act is also what the public wanted and still wants regarding the protection of our coastal lands. Is MST so narrow in focus that they are now using taxpayer funds and grants to undermine the spirit of both the California Coastal Act and also the Scenic Highway Act? 7 Refer to Table 6-3 Monterey Peninsula Fixed Guideway Capital Cost Financial Plan - tasks 11 and amounts spent (Column 7)

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From: Tanja Roos
To: Marina
Cc: Alyson Hunter
Subject: Public Comment - Item#8A
Date: Thursday, April 11, 2024 12:02:14 PM
Attachments: image001.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Honorable members of the City of Marina Planning Commission – I am unable to attend the meeting tonight but wanted to offer my support for item 8A on your agenda. Blue Zones Project Monterey County has been supporting our partners at MST and TAMC through grant letters of support, community outreach and advocacy, as the SURF! Busway and Bus Rapid Transit Project has taken shape. As a next step, BZPMC fully supports your approval of the Monterey Salinas Transit Coastal Development and Tree Removal Permit, tonight.

Access to efficient and well-designed public transit options is critical to supporting a more active, healthy and integrated community. We believe the SURF! project supports the entire region by providing improved public transportation options for the residents of our county needing access to jobs, schools, colleges, and the University, healthcare services, and recreation. In addition to supporting residents, employers benefit from more reliable public transportation to get workers to jobs on time and at a lower cost. Transportation costs are often a burdensome expense, preventing workers from accessing jobs. Once complete, the project will result in a reduction of GHG, promote healthy lifestyles, and contribute to upward economic prosperity for our neighbors and friends.

For these benefits, it is important for this project move quickly through the permit approval process.

Starting service as soon as possible will benefit our communities, business, our environment and our economic prosperity. Thank you for your support in approving Item #8A this evening.

Best,
Tanja Roos, MNA (she/her
) | Director of Community Programs & Policy
Blue Zones Project Monterey County – Peninsula Cities
451 Washington Street, Monterey, California 93940
W : 831.512.1197 | [email protected]
Blue Zones Project®
We aspire to improve the well-being of everyone, everywhere, community-by-community montereycounty.bluezonesproject.com | Follow us on Facebook | Instagram | Eventbrite

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1017 L Street, Suite 765
Sacramento CA 95814
(916) 557-1667
www.calrailnews.org
[email protected]
TRAC
Train Riders
Association
of California
Oﬃcers
Michael D. Setty
President
Napa County
David Schonbrunn
Vice President
Marin County
Gordon Osmundson
Treasurer
Alameda County
Bejamin Etgen
Secretary
Sacramento County
Board Members
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Orange County
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San Diego County
Walllace Cook
Los Angeles County
John Deeter
Sacramento County
Ronald Jones
Fresno County
William F. McGeehan III
Contra Contra County
TRAC, active since 1984, is dedicated to a vision of fast, frequent, convenient and clean passenger rail service for California.

We promote these European-style transportation options through increased public awareness and legislative action.

Caltrain

ALTAMONT COMMUTER EXPRESS
AC E
Amtrak California
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Amtrak California
Glenn Woodson, Chair April 10, 2024
City of Marina Planning Commission
City of Marina
211 Hillcrest Ave
Marina, CA 93933

By email to [email protected]

Re: Item 8A, MST Permits

Dear Chair Woodson and Commissioners:

The Train Riders Association of California was an original sponsor of Proposition 116, which enabled the purchase of the railroad right-of-way which the Surf! Bus Rapid Transit project proposes to build on. We were instrumental in writing the text of the measure, and are writing today to insist on conformance with the intent of Prop. 116. We will demonstrate using oOicial documents that busways cannot legally make use of rail rights-of-way purchased with Proposition 116 grants:

The language of Proposition 116 does not authorize the allocation of bond funds for busways. To the contrary, the number one item was "(1) Rights-of-way for rail purposes." (PUC Section 99613(a), emphasis added.)

The July 18, 1991 California Transportation Commission Resolution #G-91-19 amending the Proposition 116 Guidelines included the following:

6. The Commission will only accept grant applications for rail projects as defined or identified in the CATIA [Prop. 116](see policy 43).

43. Rail project means (CATIA Section 99602 (j)) a commuter passenger rail service project, an intercity passenger rail project, or a rail transit project, and includes exclusive public mass transit guideway projects and the Alameda-San Pedro branch rail line grade separation projects.

There are no provisions in the Proposition that provide for busways other than the reference to "exclusive public mass transit guideways." The May 27, 1987 Opinion 87-101 of Attorney General John Van de Kamp distinguishes between that clumsy phrase and the federal use of the term "ﬁxed guideway," which includes the use by buses: "we conclude that the phrase "exclusive public mass transit guideways" as used by the Legislature in defining transit capital improvement projects eligible for funding from the transportation fund does not include exclusive bus-carpool transitways."

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TRAC April 10, 2024 2
Given the legalities laid out above, TRAC believes your Commission does not have jurisdiction to approve or recommend approval of the MST's permits.

We appear here today not to throw a roadblock up for a public transit project, but instead wish to encourage all the parties to move forward with a cost-effective rail project connecting Monterey to Pajaro, Castroville, Santa Cruz and San Francisco. We believe it can be accomplished at a cost similar to the busway. Please contact us for further information.

Thank you for considering these comments.

Sincerely yours,

/s/ DAVID SCHONBRUNN

Vice-President,
Train Riders Association of California

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April 10, 2024

To Public Comment Item #8A
The SURF? Busway and Bus Rapid Transit project

My name is Reyna B. Gross, Program Manager for Outreach and Benefits Checkup for seniors in Monterey County with Alliance on Aging. I am writing this support letter for MST and it’s new exciting project that is called SURF Busway & Bus Rapid. I am writing to you in letting you the importance of getting to a place on time and with caution due to our senior 60 plus years and older. We have a big population in which we provide bus passes to our seniors who are 60+ each month and depend on their transportation options.

I see and hear seniors who ride the bus on a regular basis and listen on the importance of their transportation needs. To doctor’s visits, grocery shopping, or fun day opportunities they have for themselves. This new project is a promising way to get to their destination sooner and earlier.

I gave me support for this opportunity to our Monterey County community for all ages and especially seniors who I work with every day.

Thank you,

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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL DENYING THE APPEALS OF CDP 23-0004 (MST’S SURF! BUS RAPID TRANSIT PROJECT) AND UPHOLDING THE PLANNING COMMISSION’S APRIL 11, 2024, APPROVAL BASED ON FINDINGS, CONDITIONS OF

APPROVAL, AND THE FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PER PUBLIC RESOURCES CODE SECTION 21080.25(b).

WHEREAS, SURF! Bus Rapid Transit project, in its entirety, consists of approximately 6 linear miles of roadway surface dedicated for express busway service (bus rapid transit) between Marina and Sand City. The Marina portion of the route for the SURF! busway project would begin at Monterey-Salinas Transit’s (MST)’s Marina Transit Exchange at Reservation Road and De Forest Road (northern terminus), and end at the proposed 5th St. Transit Center Contra Costa Street in Sand City (southern terminus in Marina);

WHEREAS, the project would be located in the cities of Marina and Sand City, running parallel to Highway 1 next to Fort Ord Dunes State Park. The busway includes dedicated express busway lanes, platforms, a new station at 5th Street on the former Fort Ord (outside the Coastal zone), and related infrastructure including the extension of the Beach Range Rd. path to the new Palm Ave. station;

WHEREAS, t he project will use 100 percent zero -emission, near -zero emission, low oxide or nitrogen engines, compressed natural gas fuel, fuel cell, or hybrid powertrain buses. The completed project is expected to open in 2027 and will relieve congestion and support more frequent public transit services for people traveling within the corridor and beyond;

WHEREAS, the Transportation Agency of Monterey (TAMC) right-of-way (ROW), within which a portion of the proposed bus rapid transit (BRT) project is proposed to occur, has been utilized for transportation uses since the 1880s. The Monterey Branch Line, where the SURF! BRT project is to be developed, was purchased by TAMC in 2003 expressly for public transportation and transit uses;

WHEREAS, TAMC recognizes the SURF! project as the intended user of this portion of the Monterey Branch Line until such time as it develops a rail project within the corridor. TAMC supports the SURF! project and, as property owner, is signatory on the City of Marina permit application;

WHEREAS, Monterey-Salinas Transit (MST), the applicant and developer of the SURF! project, owns the property known as the 5th St. Transit Station (APN 031-221-005), located at 1st Ave. and 5th St. within the former Fort Ord area, east of Highway 1. This property was conveyed to MST as part of the original Fort Ord closure with the express intent of developing a new multimodal mobility hub. The Station will include a safe drop-off and pick-up area, public parking with EV charging, and bicycle and mobility amenities including a bicycle repair station;

WHEREAS, on April 11, 2024, the Planning Commission unanimously approved the Coastal Development Permit (CDP) and a Tree Removal Permit (TRP) as necessary for the multi - jurisdiction Project;

WHEREAS, on April 18, 2024, within the City’s 10-day appeal period, the City of Marina received two (2) appeals of the Planning Commission’s action to approve the CDP : one from Robert Solerno, on behalf of Keep Fort Ord Wild (KFOW) , and one from Mason Clark, the owner/operator of the handcar commercial use that currently occupies a portion of the subject TAMC ROW. Issues raised in the appeal(s) include, generally:

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Resolution No. 2024-
Page Two

a) The project is not in compliance with the Coastal Act b) The project is not in compliance with the City’s Local Coastal Program (LCP) c) The project will not improve coastal access
d) The project is not in compliance with Proposition 116 e) The Planning Commission erred in finding the Project exempt from the California Environmental Quality Act (CEQA).

Each appeal is described more specifically in the accompanying staff report, which also attaches the appeals in their entirety as exhibits;

WHEREAS, the 5 th St. Transit Station is outside of the Coastal Zone and not subject to the requirements of the City’s Local Coastal Program (LCP). Seventy -six (76) of the total 92 trees authorized for removal under Tree Removal permit (TP 23-004) are located on this property. The Tree Removal Permit has not been appealed and remains in effect;

WHEREAS, sixteen (16) trees are authorized for removal within the TAMC ROW between Palm Ave. and the Highway 1 overcrossing to the south. Two (2) of those trees are located within the

0.37 acre portion of the TAMC ROW within the Coastal Zone and are subjec t to this appeal. The other 14 are not;

WHEREAS, both of the appeals expressly do not appeal the TRP approved by the Planning Commission on April 11, 2024, and thus the TRP is final and remains in effect notwithstanding the Council’s action on the appeals;

WHEREAS, the biological report 1 prepared for the project analyzed the entirety of the project, both within and outside the City of Marina and the multi -jurisdictional Coastal Zone boundary and, based on findings for Segment 2 which includes the 0.37 acre portion of the TAMC ROW within the City’s Coastal Development Permit (CDP) jurisdiction, found that the subject appeal area (0.37 acres) does not contain the three (3) vegetation types that can be considered sensitive or Environmentally Sensitive Habitat Area (ESHA) in the City’s LCP . These three (3) habitat areas are: dune scrub, habitat for the Smith’s blue butterfly (i.e., buckwheat) and areas supporting rare plants;

WHEREAS, the City’s CDP jurisdiction over the Project is limited due to the Coastal Commission’s retention of CDP jurisdiction within City limits, specifically, within the area to the south of the Highway 1 overpass at Del Monte and west of the Highway 1 ROW;

WHEREAS, contrary to the Appellants’ claims that the SURF! BRT Project would negatively impact coastal access, the portion of the SURF! project within the City’s CDP jurisdiction will improve existing coastal access by formalizing the existing “social trails” along Beach Range Rd. and Marina Dr. to the new Palm Ave. transit stop (all within the TAMC ROW), and by improving pedestrian crossings at Reindollar Ave.;

1 Final Biological Resources Report, May 2021. Prepared by Denise Duffy & Assoc. (DD&A) for the MST SURF! BRT Project on file with the City of Marina Community Development Dept. 130
Resolution No. 2024-
Page Three

WHEREAS, the City’s LCP policies are “statements of intent” and are not binding upon the City.

LCP at 2-1. Rather, “[i]implementation of these policies will sometimes mean achieving a balance among the policies which best effectuates the City’s Local Coastal Land Use Plan.” Id. Although certain policies prioritize maintaining coastal access for recreational uses, other policies in the LCP support implementation of the SURF! busway, for example: Policy 35 (“To encourage continued and improved service by mass transit within the Coastal Zone. ”); Policy 36 (“ To provide and promote the role of Marina as the physical and visual gateway to the Monterey Peninsula .”); and Policy 39 (“ To encourage development which keeps energy consumption to the lowest level possible.”);

WHEREAS, by improving coastal access for pedestrians/bicyclists while also implementing the SURF! busway – which provides a more climate -friendly, mass transit alternative to commuters in the region – the Planning Commission properly exercised its policy judgment to strike a balance among the LCP’s various policies;

WHEREAS, Appellant KFOW claims that the Project is not eligible for MST’s proposed funding pursuant to Proposition 116 – because this 1990 voter initiative allegedly limits this funding to “rail” projects, which do not include the SURF! BRT Project – yet the Project’s funding source is irrelevant to the CDP permit at issue; City has no role in the funding of the project because the SURF! project is solely grant funded; and thus the funding’s consistency wi th Proposition 116 is outside of the City’s purview;

WHEREAS, for informational purposes, a full outline of the funding sources and construction timelines is available on the MST website at: https://mst.org/about-mst/planning- development/surf;

WHEREAS, Appellant KFOW alleges that portions of MST’s larger project, which are outside of the City’s LCP jurisdiction (and in some cases, outside of the City’s municipal boundary), contain Environmentally Sensitive Habitat Areas (ESHA). Under the Coastal Act, only uses dependent on their proposed location in ESHA may be allowed within ESHA. Pub. Res. Code sec. 30240(a).

However, the claim that portions of the Project site outside of the City’s CDP jurisdiction (and/or City’s municipal boundaries) may unlawfully interfere with ESHA is unrelated to the CDP being appealed, and is beyond the City’s purview here;

WHEREAS, Appellant KFOW alleges that the Planning Commission erred in finding the Project exempt from CEQA pursuant to Public Resources Code section 21080.25(b), specifically because in Appellant’s view, the Coastal Commission must find that the exemption applies before the City can make such finding. However, Appellant’s claim that the Coastal Commission must find that the Project qualifies for the statutory exemption for certain mass transit projects (PRC 21080.25(b)) before the City can make such determination has no basis in the law, nor does Appellant cite to any. The Planning Commission reviewed MST’s grounds for finding the overall Project eligible for the statutory exemption when MST approved the Project. The Commission then exercised its independent judgment to find that the CDP (which is necessary for the overall project) qualifies for the exemption for the same reasons the overall Project does;

WHEREAS, TAMC, through a sublease with the City, currently leases an approximately 3.5 mile segment of the railroad tracks to the Museum of Handcar Technology (“Museum”), which is also one of the parties to this appeal (Mason Clark). The existing lease expires on October 31, 2024.

Both the primary lease between the City and TAMC and the sublease between the City and Museum expressly acknowledge that “ Museum understands and agrees that LESSOR has future plans for the Property, such as the SURF! Busway and Bus Rapid Transit Project, or other 131
Resolution No. 2024-
Page Four

transportation uses. Thus, Museum agrees to vacate the Property during the TERM of the SUBLEASE or any renewal or extension of the SUBLEASE, without liability to the CITY, upon termination of the SUBLEASE by the CITY.”2

WHEREAS, the Planning Commission’s approval of the Coastal Development Permit is subject to findings (Exhibit A) and conditions of approval (Exhibit B1) as provided herein;

WHEREAS, although not applicable or relevant to the subject appeal of the Coastal Development Permit, for ease in City staff’s review for compliance with conditions of approval upon Project implementation, the TRP conditions are also provided herein as Exhibit B2; and

WHEREAS, Staff recommends that the City Council (1) find that the Council has reviewed the Notices of Exemption filed by MST on July 12, 2021, and March 13, 2023, including the reasons MST provided for adopting the exemptions; and (2) find that in the Council’s independent judgment, the project qualifies as exempt from CEQA per Section 21080.25(b) of the Public Resources Code. The City will file a Notice of Exemption with the Monterey County Clerk’s Office.

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

1. Find that the foregoing recitals, and the accompanying staff report, are adopted as findings of the City Council as though set forth fully herein.

2. Deny the appeal by Mason Clark (Exhibit C1), and deny the appeal by Robert Solerno on behalf of KFOW (Exhibit C2), based on such findings, and uphold the decision of the Planning Commission, including:

a. Making the findings set forth in Exhibit A, attached hereto; b. Adopting the Resolution to approve CDP 23-0004 subject to the conditions of approval attached hereto; and
c. Finding that in the Council’s independent judgment, the project qualifies as exempt from CEQA per Section 21080.25(b) of the Public Resources Code.

3. Direct staff to submit the City’s Notice of Final Action to the California Coastal Commission.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of May 2024, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBER:

Bruce Delgado, Mayor
ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

2 TAMC/City Lease agreement executed 11/04/22 and City/Museum Sublease agreement executed 11/09/22 132
Exhibit A

Findings

Coastal Development Permit § 17.40.200.E.3
The finding is in standard font with Staff’s response following in italics.

In considering an application for a coastal development permit the planning commission shall consider and give due regard to the Marina general plan and local coastal land use and implementation plans.

The planning commission shall determine whether or not the establishment, maintenance and operation of the use applied for will, under the circumstances of the particular case, be consistent with the general plan and local coastal land use and implementation plans, based upon the following findings that the project will:
a. Not impair major view corridors towards the sea from Highway 1 parallel to the sea, including the planning guidelines listed in the LCLUP;
The 0.37-acre portion of the project that lies within the City’s jurisdiction of the Coastal zone will be developed with a paved bus rapid transit busway consisting of two (2) twelve-foot paved traffic lanes within the TAMC right -of-way (ROW). The busway i tself will be at existing grade with minimal vertical disruption to views to the west at this point. A portion of the subject location is under an existing freeway overpass and a portion is just north between the Del Monte Blvd. ROW to the east and the Beach Range Rd. extension (trail) to the west. The TAMC ROW travels through and adjacent to the Caltrans Highway 1 ROW.
b. Be subject to approval of the site and architectural design review board, including the planning guidelines listed in the LCLUP;
No development that is subject to design review is proposed at this time; Design Review Board review is not required.
c. Guarantee that appropriate legal action is taken to insure vertical and lateral coastal access or fees paid in lieu thereof as required in the LCLUP and coastal zoning ordinance access components.

Required improvements shall be completed, or a bond adequate to guarantee their completion shall be posted with the city, prior to issuance of a certificate of occupancy; The project will not negatively affect public access to the coast. The 0.37-acre portion of the project that is located in the City’s CDP jurisdiction that will be developed with the busway will continue to provide access to existing beach trails. d. Be adequately set back from the shoreline to withstand erosion to the extent that the reasonable economic life of the use would be guaranteed without need for shoreline protection structures; The proposed busway is more than 2,500 feet from the shoreline and not subject to coastal erosion.
e. Protect least disturbed dune habitat areas, primary habitat areas and provide protection measures for secondary habitat areas consistent with the LCLUP and coastal zoning ordinance; According to the LCLUP, the property is outside areas mapped as having sensitive natural habitats. Furthermore, the biological report prepared for the project did not identify any special status species within this area, although two (2) trees are to be removed. The site is an 133
existing transportation ROW (TAMC, state highway, local road, Monterey Bay Rec. Trail) and is developed with out -of-service railroad tracks and paved trails. Given the existing transportation network in this area, this portion of the project site is highly disturbed. The LUP includes a policy (#35) stating mass transit within the Coastal zone shall be continued and improved.
f. Be consistent with beach parking standards, as established in the LCLUP access component; There is no vehicular access (other than the BRT bus) provided at the subject location. g. Included feasible mitigating measures which substantially reduce significant impacts of the project as prescribed in any applicable EIR;
The mitigation measures identified by and certified in MST’s adopted Mitigation Monitoring and Reporting Program (MMRP), part of the MST Mitigated Negative Declaration (MND), are in full force and effect over activities within the City’s permit jurisdiction where they apply.

As noted in “e” above, there were no sensitive species observed in the preparation of the project biological report for the 0.37 -acre portion of the project in the City’s Coastal zone jurisdiction and this location is not included in t he LCP’s sensitive habitats maps. The other development and tree removal is outside the Coastal zone and not subject to these findings. h. Not interfere with public access along the beach;
There is no beach access at this location.
i. Comply with the access, shoreline structure and habitat protection standards included in the local coastal land use and implementation plans;
Direct shoreline access, shoreline structure, and habitat protection standards are not applicable to this project or site.
j. Comply with the housing element and housing recommendations of the local coastal land use and implementation plans;
The project is a transportation project to be developed in a transportation corridor and on a ± 4.5 acre property owned by MST and required to be used as a multi-modal transportation hub. No housing is proposed.
k. In the case of demolition of a residential structure, except to abate a nuisance, not detrimentally alter the character or housing mix of the neighborhood. The structure shall be moved, if capable of providing comparable housing opportunities at another location. The demolition and replacement structure shall comply with applicable local coastal land use plan policies; No demolition is proposed other than preparing the site for a busway. l. In the case of new surf zone or beach sand mining operations, comply with all standards regarding such operations specified in the LCLUP including standards for significant adverse impacts on shoreline erosion, either individually or cumulatively.

No mining operations are proposed.

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LCP Land Use Plan consistency
The City’s LUP includes 42 “policies of intent” which are very broad in nature and seek to communicate all the City’s aspirations for development in the Coastal zone . These include policies that prioritize coastal access and recreation opportunities (#2) and policies that encourage continued and improved service by mass transit within the Coastal Zone (#35) and encourage development which keeps energy consumption to the lowest level possible (#39). It is the City’s job to balance these sometimes opposing goals.

The LUP has policies for the protection of rare and endangered species and their habitat (p. 3 -1), wetlands (p. 3-2), and ponds (p. 3 -3). None of the characteristics of these features are present on or immediately adjacent to the 0.37 acre portion of the project within the Coastal zone.

Furthermore, this segment of the TAMC ROW is surrounded on all sides by either paved or vertical State Highway 1 ROW and overpass structures, the Del Monte Blvd. ROW, the Monterey Peninsula Recreation Trail (Rec Trail) ROW and Beach Range Rd., a narrow paved road within the TAMC ROW which Monterey One Water (M1W) utilizes to access its lift station from time to time.

In terms of public access to the coast, the LUP discusses the three (3) existing coastal access points (Reservation Rd., Dunes Dr., and Lake Ct.) and does not discuss trail access from Del Monte since the establishment of the trails from Beach Range Rd. an d the Rec Trail were established with the State Parks property (former Fort Ord) and post -LCP certification. The establishment of a transit use within an existing transportation corridor that does not contain either ESHA or other habitat or species of critical concern is consistent with the overarching policies in the LUP.

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Exhibit B1
Conditions of Approval for the Coastal Development Permit (CDP)

1. Effective Date, Expiration, and Extensions. This approval shall become effective immediately, except when an appeal period applies pursuant to MMC Section 17.70 in which case actions shall become effective ten (10) days after the approval date provided that no appeal is filed. Approval shall expire two (2) years from the Approval date, or from the date of the final decision in the event of an appeal, unless within such period a complete building permit application has been filed with the Community Development Department, or the authorized activities have commenced in the case of a permit not involving construction. Upon written request and payment of appropriate fees submitted no later than the expiration date of this Approval, the Community Development Director or designee may grant a one-year extension of this date, with additional extensions subject to approval by the approving body (Planning Commission). Expiration of any necessary building permit or other construction-related permit for this project may invalidate this Approval if said Approval has also expired . If litigation is filed challenging this Approval or its implementation, then the time period stated above for obtaining necessary permits for construction and/or commencement of authorized activities is automatically extended for the duration of the litigation.

2. Compliance with Other Requirements. The owner, applicant, and operator shall comply with all other applicable federal, state, regional, and local laws, codes, requirements, regulations, and guidelines. Compliance with other applicable requirements may require changes to the approved use and/or plans. These changes shall be processed in accordance with the procedures contained in Condition #4.

3. Modifications. Any modification to the approved project, site plan, conditions of approval, or use requires consistency review and approval by Planning Staff. Major revisions may require review and approval by the original approving body or a new independent permit.

4. Compliance with Conditions of Approval. The owner, applicant, and operator shall be responsible for compliance with all Conditions of Approval. The City reserves the right at any time during construction to require certification by a licensed professional at the applicant’s expense that the as-built project conforms to all applicable requirements. Violation of any term, project description, or Condition of Approval is unlawful and prohibited. In the case of noncompliance with the requirements of a Use Permit, MMC Section 17.58.060 allows for the revocation of said permit. The City reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings where violations are present, consistent with Chapter 1.08 of the Marina Municipal Code.

5. Mitigation Measures BIO 1 – BIO 6. The owner, applicant, and operator shall be responsible for compliance with the Construction Best Management Practices, Construction -Phase Monitoring, Non-Native/Invasive Species Controls, Pre -Construction Surveys for Protected Avian Species, Pre-Construction Surveys for Monterey Dusky -Footed Woodrat , and Pre- Construction Surveys for Townsend’s Big -eared Bat as described in the Biological Report 3 and MMRP.

6. Timing of Tree Removal.

Per Mitigation Measure (MM) BIO-1.4 from MST’s adopted MND:

3 https://mst.org/wp-content/media/Appendix-07-Final-Biological-Resources-Report.pdf 136
Construction activities that may directly (e.g., vegetation removal) or indirectly (e.g., noise/ground disturbance) affect protected nesting avian species will be timed to avoid the breeding and nesting season. Specifically, vegetation and/or tree removal can be scheduled after September 16 and before January 31. Alternatively, a qualified biologist will be retained by the project applicant to conduct pre -construction surveys for nesting raptors and other protected avian species within 500 feet of proposed construction activities if construction occurs between February 1 and September 15. Pre -construction surveys will be conducted no more than 14 days prior to the start of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). Because some bird species nest early in spring and others nest later in summer, surveys for nesting birds may be required to continue during construction to address new arrivals, and because some species breed multiple times in a season. The necessity and timing of these continued surveys will be determined by the qualified biologist based on review of the final cons truction plans and in coordination with the CDFW [California Department of Fish and Wildlife], as needed.

If raptors or other protected avian species nests are identified during the pre -construction surveys, the qualified biologist will notify the project applicant and an appropriate no disturbance buffer will be imposed within which no construction activities or disturbance should take place (generally 500 feet in all directions for raptors; other avian species may have species-specific requirements) until the young of the year have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist.

Per MM BIO-1.5:

Not more than thirty (30) days prior to the start of construction of Segments 1 -4 and the 5th Street Station (including vegetation removal), a qualified biologist shall conduct a survey of suitable habitat within the work site to locate existing Monterey d usky-footed woodrat nests.

All Monterey dusky-footed woodrat nests shall be mapped and flagged for avoidance. Graphics depicting all Monterey dusky -footed woodrat nests shall be provided to the construction contractor. Any Monterey dusky-footed woodrat nests that cannot be avoided shall be relocated according to the following procedures:

• Each active nest shall be disturbed by the qualified biologist to the degree that the woodrats leave the nest and seek refuge elsewhere.

• Nests shall be dismantled during the non-breeding season (between October 1 and December 31), if possible.

• If a litter of young is found or suspected, nest material shall be replaced and the nest left alone for 2 -3 weeks, after this time the nest will be rechecked to verify that young are capable of independent survival before proceeding with nest dismantling.

Per MM BIO-1.6:

To avoid and reduce impacts to Townsend’s big-eared bat, if the project construction is planned during the reproductive season (May 1 through September 15), MST will retain a qualified bat specialist or wildlife biologist to conduct site surveys to characterize bat utilization within and adjacent to the project site and potential species present (techniques utilized to be determined by the biologist) prior to construction. Based on the results of these initial surveys, one or more of the following will occur:

• If it is determined that bats are not present within or adjacent to the site, no additional mitigation is required.
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• If it is determined that bats are utilizing the trees or abandoned buildings within or adjacent to the site and may be impacted by the proposed project, pre-construction surveys will be conducted within 50 feet of construction limits no more than 30 days prior to the start of construction. If, according to the bat specialist, no bats or bat signs are observed in the course of the pre -construction surveys, construction may proceed. If bats and/or bat signs are observed during the pre-construction

7. Display of Tree Removal Permit. Prior to and during the removal of any tree approved for removal, a copy of the tree removal permit shall be displayed on site. If no tree removal permit is displayed, the City will issue a stop work order and commence the City’s administrative fine process.

8. Tree Protection. Per MM BIO-1.1 from MST’s adopted MND:

a. Tree and vegetation not planned for removal or trimming shall be protected prior to and during construction to the maximum extent possible through the use of exclusionary fencing, such as hay bales for herbaceous and shrubby vegetation and protective wood barriers for trees. Only certified weed-free straw shall be used to avoid the introduction of non-native, invasive species. A biological monitor shall supervise the installation of protective fencing and monitor at least once per week until construction is complete to ensure that the protective fencing remains intact.

b. Per MM BIO-4.12:

i. Temporary construction fencing shall be placed at approximately 10 feet from the trunk of native trees intended to be retained. Grading, vegetation removal, and other ground disturbing activities shall not commence until the project arborist has inspected and approved the protective fencing installed by the contractor. No equipment or materials, including soil, shall be stored within the established environmental exclusion zone. Prior to grading within 25 feet of retained trees, the project arborist shall be consulted to determine whether pruning is necessary to protect limbs from grading equipment.

ii. To avoid soil compaction from damaging the roots, heavy equipment shall not be allowed to drive over the root area. If deemed necessary and approved by the forester, equipment may drive across one side of the tree. To reduce soil compaction, wood chips sha ll be spread 6 -12 inches deep to disperse the weight of equipment and plywood sheets shall be placed over the wood chips for added protection. iii. Roots exposed by excavation must be pruned and recovered as quickly as possible to promote callusing, closure, and healthy regrowth.

iv. Retained trees shall be watered periodically in accordance with species need to promote tree health. Transplanted trees and their intended planting areas shall be pre- watered. Post planting watering shall be done as needed to assure establishment.

As determined necessary by the project arborist, retained trees shall be watered periodically to promote tree health.

9. Additional Mitigation Measures. In addition to the measures stated herein, the City of Marina relies upon all other mitigation measures included in the MMRP and certified by MST as they apply to the portions of the project subject to the City’s discretionary permit review; i.e., tree 138
removal within the TAMC ROW, new transit development within the 0.37 ac portion of the TAMC ROW in the City’s CDP jurisdiction, and site development at the 5th St. Transit Center.

10. Replacement Trees. Upon completion of the grading and infrastructure development for the Phase in which trees were removed, new trees shall be planted at a 2:1 ratio. The replacement tree species and sizes shall be a mix of native coast live oak ( Quercus agrifolia), Monterey cypress (Cupressus macrocarpa ), Ray Hartman Wild Lilac ( Ceanothus X ‘Ray Hartman’ ), Majestic beauty fruitless olive ( Olea Europaea ‘Majestic Beauty’ ), with Coffeeberry (Frangula califonica ), Coast silktassel ( Garrya elliptica ), and Toyon ( Heteromeles arbutifolia) interspersed to supplement the Ceanothus at the discretion of the landscape architect. The tree sizes shall follow the Appendix C of Resolution 24-01. Alternatively, MST may provide the City with “in lieu” fees per MMC Section 17.62.060.D.2. Any combinat ion of these two (2) replacement methods is acceptable.

11. Tree and Landscaping Maintenance. The trees and landscaping installed under this permit shall be maintained for the life of the project using the International Society of Arboriculture (ISA) best management practices (BMPs).

12. Site Restoration Plan. The ground surface shall be restored in the vicinity of the tree removals.

Restoration shall include but not be limited to the removal of tree stumps and filling of any holes left by the removal.

13. Coastal Development Permit. The two trees proposed for removal within the coastal zone (nos. 1073 and 1074) are subject to additional review and a coastal development permit (CDP) from the City of Marina. These trees shall not be removed until the CDP has been issued and all appeal periods have passed. Removal of any trees within the coastal zone shall be consistent with the required Conditions of Approval attached to the CDP.

14. Encroachment Permit(s). Prior to the commencement of any work within the City’s public ROW, an encroachment permit from the Public Works Dept. shall be obtained.

15. Inadvertent Discovery of Archaeological , Tribal Cultural Resources , Paleontological Resources or Human Remains . Any inadvertent discovery while removing trees and/or restoring the site post -removal shall be mitigated in accordance to MM CR -2 in the adopted MMRP.

16. Indemnification. To the extent allowable by law, the owner, applicant, and operator agree to hold the City harmless from costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceeding brought in any state or federal court challenging the City’s actions with respect to the project. The owner, applicant, and operator understand and acknowledge that the City is under no obligation to defend any legal actions cha llenging the City’s actions with respect to the project.

17. Violation of Code. Any person who does any work or uses, occupies or maintains any building or structure, or causes the same to be done, or does any grading, contrary to or in violation of this title or of any of the uniform codes adopted by this title is guilty of an infraction pursuant to MMC 15.04.060.

18. Construction Noise. Unless otherwise authorized, construction activities shall be conducted in compliance with MMC Section 15.04.055 and all non -emergency construction or repair work shall be limited to the following schedule:
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a. Monday through Saturday: 7 a.m. to 7 p.m.
b. Sunday and holidays: 10 a.m. to 7 p.m. (For the purposes of this section, “holidays” shall include New Year’s Day, July 4th, Thanksgiving and Christmas) c. During daylight savings time, the hours of construction may be extended to 8 p.m.

No construction, tools, or equipment shall produce a decibel level of more than sixty (60) decibels for twenty-five (25) percent of an hour at any receiving property line.

19. Operational Noise. Noise levels from the project site after completion of the project (i.e., during project operation) shall comply with the performance standards of Chapter 9.24 of the Marina Municipal Code. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City.

20. Site Maintenance. The site shall be kept in a blight- and nuisance-free condition, and healthy and well-kept landscaping shall be continuously maintained. Any existing blight or nuisance shall be abated within 60 days of permit approval.

21. Lighting. Exterior lighting fixtures shall be adequately shielded to a point below the light bulb and reflector to prevent unnecessary glare onto adjacent properties. After installation, the Community Development Director or designee shall retain the right to require reduction in the intensity of illumination or change of light color if said illumination creates any undue public nuisance.

22. Waste Receptacles. No storage of trash, recycling, or food waste receptacles shall be permitted within the public right-of-way. Receptacles shall be stored on site and screened from public view. The owner, applicant, and operator shall ensure that the requirements of Chapter

8.04 of the Marina Municipal Code pertaining to recycling and solid waste disposal are met.

23. Graffiti. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.

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Exhibit B2

Conditions of Approval for the (non-Coastal) Tree Removal Permit (TRP) - Note that the first three (3) are TRP-specific; the following are general COAs included in both COA Exhibits (B1 and B2)

1. 5th St. Station – MM BIO-10: Special-Status Plant Surveys and HMP Compliance A qualified biologist shall be retained to conduct surveys for Monterey spineflower and Yadon’s piperia within the 5th Street Station. The surveys shall be conducted during the appropriate identification period(s) to determine presence or absence, accordin g to USFWS, CDFW, and CNPS protocol. The biologist shall prepare a report that provides the results of the survey, and, if found the number and locations of individuals/populations identified.

• If no Monterey spineflower or Yadon’s piperia are found, no further mitigation is necessary.

• If Monterey spineflower or Yadon’s piperia are found, salvage efforts for these species will be evaluated by a qualified biologist in coordination with the MST prior to construction to further reduce impacts per the requirements of the HMP and 2017 Programmatic BO. Where salvage is determined feasible and proposed, seed collection should occur from plants within the development site and/or topsoil should be salvaged within occupied areas to be disturbed. Seeds should be collected during the appropriate time of year for each species as determined by the qualified biologist. The collected seeds and topsoil should be used to revegetate temporarily disturbed construction areas and reseeding and restoration efforts on - or off -site, as determined appropriate by the qualified biologist and MST.

2. Sewer Easement. Prior to removing any trees within the 5th Street station area, the applicant shall provide Community Development Department staff with written documentation from Marina Coast Water District (MCWD) certifying trees near the existing MCWD sewer easement are cleared for removal.

3. Site and Architectural Design Permit. The applicant shall obtain a Design Review permit prior to any vertical development at the 5th St. Transit Center or platform improvements at the Palm Ave. transit stop if required by MMC 17.56.010. Depending on the future scope of transit-related development, a Design Review permit may not be required.

4. Effective Date, Expiration, and Extensions. This approval shall become effective immediately, except when an appeal period applies pursuant to MMC Section 17.70 in which case actions shall become effective ten (10) days after the approval date provided that no appeal is filed. Approval shall expire two (2) years from the Approval date, or from the date of the final decision in the event of an appeal, unless within such period a complete building permit application has been filed with the Community Developme nt Department, or the authorized activities have commenced in the case of a permit not involving construction. Upon written request and payment of appropriate fees submitted no later than the expiration date of this Approval, the Community Development Director or designee may grant a one-year extension of this date, with additional extensions subject to approval by the approving body (Planning Commission). Expiration of any necessary building permit or other construction-related permit for this project may invalidate this Approval if said Approval has also expired. If litigation is filed challenging this Approval or its implementation, then the time period stated above for obtaining necessary permits for construction and/or commencement of authorized activities is automatically extended for the duration of the litigation. 141

5. Compliance with Other Requirements. The owner, applicant, and operator shall comply with all other applicable federal, state, regional, and local laws, codes, requirements, regulations, and guidelines. Compliance with other applicable requirements may require changes to the approved use and/or plans. These changes shall be processed in accordance with the procedures contained in Condition #4.

6. Modifications. Any modification to the approved project, site plan, conditions of approval, or use requires consistency review and approval by Planning Staff. Major revisions may require review and approval by the original approving body or a new independent permit.

7. Compliance with Conditions of Approval. The owner, applicant, and operator shall be responsible for compliance with all Conditions of Approval. The City reserves the right at any time during construction to require certification by a licensed professional at the applicant’s expense that the as-built project conforms to all applicable requirements. Violation of any term, project description, or Condition of Approval is unlawful and prohibited. In the case of noncompliance with the requirements of a Use Permit, MMC Section 17.58.060 allows for the revocation of said permit. The City reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings where violations are present, consistent with Chapter 1.08 of the Marina Municipal Code.

8. Mitigation Measures BIO 1 – BIO 6. The owner, applicant, and operator shall be responsible for compliance with the Construction Best Management Practices, Construction -Phase Monitoring, Non-Native/Invasive Species Controls, Pre -Construction Surveys for Protected Avian Species, Pre-Construction Surveys for Monterey Dusky -Footed Woodrat , and Pre- Construction Surveys for Townsend’s Big -eared Bat as described in the Biological Report 4 and MMRP.

9. Timing of Tree Removal.

Per Mitigation Measure (MM) BIO-1.4 from MST’s adopted MND:

Construction activities that may directly (e.g., vegetation removal) or indirectly (e.g., noise/ground disturbance) affect protected nesting avian species will be timed to avoid the breeding and nesting season. Specifically, vegetation and/or tree removal can be scheduled after September 16 and before January 31. Alternatively, a qualified biologist will be retained by the project applicant to conduct pre -construction surveys for nesting raptors and other protected avian species within 500 feet of proposed construction activities if construction occurs between February 1 and September 15. Pre -construction surveys will be conducted no more than 14 days prior to the start of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). Because some bird species nest early in spring and others nest later in summer, surveys for nesting birds may be required to continue during construction to address new arrivals, and because some species breed multiple times in a season. The necessity and timing of these continued surveys will be determined by the qualified biologist based on review of the final cons truction plans and in coordination with the CDFW [California Department of Fish and Wildlife], as needed.

4 https://mst.org/wp-content/media/Appendix-07-Final-Biological-Resources-Report.pdf 142
should take place (generally 500 feet in all directions for raptors; other avian species may have species-specific requirements) until the young of the year have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist.

Per MM BIO-1.5:

• Each active nest shall be disturbed by the qualified biologist to the degree that the woodrats leave the nest and seek refuge elsewhere.

• Nests shall be dismantled during the non -breeding season (between October 1 and December 31), if possible.

Per MM BIO-1.6:

• If it is determined that bats are not present within or adjacent to the site, no additional mitigation is required.

10. Display of Tree Removal Permit. Prior to and during the removal of any tree approved for removal, a copy of the tree removal permit shall be displayed on site. If no tree removal permit is displayed, the City will issue a stop work order and commence the City’s administrative fine process.

11. Tree Protection. Per MM BIO-1.1 from MST’s adopted MND:

a. Tree and vegetation not planned for removal or trimming shall be protected prior to and during construction to the maximum extent possible through the use of exclusionary fencing, such as hay bales for herbaceous and shrubby vegetation and protective wood barriers for trees. Only certified weed-free straw shall be used to avoid the introduction of 143
non-native, invasive species. A biological monitor shall supervise the installation of protective fencing and monitor at least once per week until construction is complete to ensure that the protective fencing remains intact.

b. Per MM BIO-4.12:

j. Temporary construction fencing shall be placed at approximately 10 feet from the trunk of native trees intended to be retained. Grading, vegetation removal, and other ground disturbing activities shall not commence until the project arborist has inspected and approved the protective fencing installed by the contractor. No equipment or materials, including soil, shall be stored within the established environmental exclusion zone. Prior to grading within 25 feet of retained trees, the project arborist shall be consulted to determine whether pruning is necessary to protect limbs from grading equipment.

As determined necessary by the project arborist, retained trees shall be watered periodically to promote tree health.

12. Additional Mitigation Measures. In addition to the measures stated herein, the City of Marina relies upon all other mitigation measures included in the MMRP and certified by MST as they apply to the portions of the project subject to the City’s discretionary permit review; i.e., tree removal within the TAMC ROW, new transit development within the 0.37 ac portion of the TAMC ROW in the City’s CDP jurisdiction, and site development at the 5th St. Transit Center.

13. Replacement Trees. Upon completion of the grading and infrastructure development for the Phase in which trees were removed, new trees shall be planted at a 2:1 ratio. The replacement tree species and sizes shall be a mix of native coast live oak ( Quercus agrifolia), Monterey cypress (Cupressus macrocarpa ), Ray Hartman Wild Lilac ( Ceanothus X ‘Ray Hartman’ ), Majestic beauty fruitless olive ( Olea Europaea ‘Majestic Beauty’ ), with Coffeeberry (Frangula califonica ), Coast silktassel ( Garrya elliptica ), and Toyo n ( Heteromeles arbutifolia) interspersed to supplement the Ceanothus at the discretion of the landscape architect. The tree sizes shall follow the Appendix C of Resolution 24-01. Alternatively, MST may provide the City with “in lieu” fees per MMC Section 17.62.060.D.2. Any combinat ion of these two (2) replacement methods is acceptable.

14. Tree and Landscaping Maintenance. The trees and landscaping installed under this permit shall be maintained for the life of the project using the International Society of Arboriculture (ISA) best management practices (BMPs).

144

15. Site Restoration Plan. The ground surface shall be restored in the vicinity of the tree removals.

Restoration shall include but not be limited to the removal of tree stumps and filling of any holes left by the removal.

16. Coastal Development Permit. The two trees proposed for removal within the coastal zone (nos. 1073 and 1074) are subject to additional review and a coastal development permit (CDP) from the City of Marina. These trees shall not be removed until the CDP has been issued and all appeal periods have passed. Removal of any trees within the coastal zone shall be consistent with the required Conditions of Approval attached to the CDP.

17. Encroachment Permit(s). Prior to the commencement of any work within the City’s public ROW, an encroachment permit from the Public Works Dept. shall be obtained.

18. Inadvertent Discovery of Archaeological , Tribal Cultural Resources , Paleontological Resources or Human Remains . Any inadvertent discovery while removing trees and/or restoring the site post -removal shall be mitigated in accordance to MM CR -2 in the adopted MMRP.

19. Indemnification. To the extent allowable by law, the owner, applicant, and operator agree to hold the City harmless from costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceeding brought in any state or federal court challenging the City’s actions with respect to the project. The owner, applicant, and operator understand and acknowledge that the City is under no obligation to defend any l egal actions challenging the City’s actions with respect to the project.

20. Violation of Code. Any person who does any work or uses, occupies or maintains any building or structure, or causes the same to be done, or does any grading, contrary to or in violation of this title or of any of the uniform codes adopted by this title is guilty of an infraction pursuant to MMC 15.04.060.

21. Construction Noise. Unless otherwise authorized, construction activities shall be conducted in compliance with MMC Section 15.04.055 and all non -emergency construction or repair work shall be limited to the following schedule:
a. Monday through Saturday: 7 a.m. to 7 p.m.
b. Sunday and holidays: 10 a.m. to 7 p.m. (For the purposes of this section, “holidays” shall include New Year’s Day, July 4th, Thanksgiving and Christmas) c. During daylight savings time, the hours of construction may be extended to 8 p.m.

No construction, tools, or equipment shall produce a decibel level of more than sixty (60) decibels for twenty-five (25) percent of an hour at any receiving property line.

22. Operational Noise. Noise levels from the project site after completion of the project (i.e., during project operation) shall comply with the performance standards of Chapter 9.24 of the Marina Municipal Code. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City.

23. Site Maintenance. The site shall be kept in a blight- and nuisance-free condition, and healthy and well-kept landscaping shall be continuously maintained. Any existing blight or nuisance shall be abated within 60 days of permit approval.

145

24. Lighting. Exterior lighting fixtures shall be adequately shielded to a point below the light bulb and reflector to prevent unnecessary glare onto adjacent properties. After installation, the Community Development Director or designee shall retain the right to require reduction in the intensity of illumination or change of light color if said illumination creates any undue public nuisance.

25. Waste Receptacles. No storage of trash, recycling, or food waste receptacles shall be permitted within the public right-of-way. Receptacles shall be stored on site and screened from public view. The owner, applicant, and operator shall ensure that the requirements of Chapter

8.04 of the Marina Municipal Code pertaining to recycling and solid waste disposal are met.

26. Graffiti. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.

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Exhibit C1
Appeal filed by Mason Clark on April 16, 2024

147
EXHIBIT C1 to Resolution
148
EXHIBIT C1 to Resolution
149
EXHIBIT C1 to Resolution
150
EXHIBIT C1 to Resolution
151
EXHIBIT C1 to Resolution
152
EXHIBIT C1 to Resolution
153
Exhibit C2
Appeal filed by Robert Solerno on behalf of Keep Fort Ord Wild (KFOW) on April 16, 2024

154
EXHIBIT C2 to Resolution
155
1 April 18, 2024
To: City of Marina
From: Keep Fort Ord Wild
RE: Appeal of City of Marina PLANNING COMMISSION RESOLUTION NO. 2024-09 dated April 11, 2024
With this correspondence Keep Fort Ord Wild (KFOW) appeals the action of the City of Marina PLANNING COMMISSION RESOLUTION NO. 2024-09 dated April 11, 2024 Note: KFOW appeals the entire resolution by the Planning Commission as the language of the resolution combines a Coastal Development Permit and Tree Removal Permit into one action.

Since they cannot be separated, KFOW appeals the resolution and therefore the Coastal Development Permit.

The overarching barrier to construction of the SURF project is that vast portions of the project are proposed in an ESHA which makes proceeding with construction in the Coastal Zone impossible.

EXHIBIT C2 to Resolution
157
3 Project is Impossible Under Proposition 116
The Monterey Branch Line was purchased by TAMC with Proposition 116 funds that set guidelines as to how the line is to be used. Proposition 116 was a State Proposition approved by voters specifically for expansion of rail service. Ultimately, the line can only be used for rail because rail bonds were used to purchase the line. The line cannot be converted to a busway and the tracks cannot be destroyed or covered.

Inspection of the SURF design plans confirm two miles of tracks will be covered or destroyed.

SURF makes a future rail project impossible as it destroys the rail line which is not allowed under Proposition 116. MST still claims a rail project is a long-term vision for the corridor.

However, it is now clear the two projects are incompatible, and MST intends to destroy the rail infrastructure along a significant portion of the Monterey Branch Line.

Inaccurate Claims re: Improved Coastal Access and Recreation

EXHIBIT C2 to Resolution
158
4 Currently, cyclists can travel unimpeded using Beach Range Road and/or Monterey Bay Recreation Trail interchangeably from Palm Avenue in Marina to Playa Avenue in Sand City.

Cyclists do not need to stop or negotiate traffic for this entire distance. These routes are safe and extremely popular with bike commuters and recreational users.

Request:

Sincerely yours,
Michael Salerno
Spokesman, Keep Fort Ord Wild.

EXHIBIT C2 to Resolution
159
May 3, 2023
Mr. Carl Sedoryk
General Manager/CEO
Monterey-Salinas Transit
19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940

Subject: Coastal Development Permit (CDP) Application Number 3 -23-0288 (MST SURF! Busway)
Dear Mr. Sedoryk:

We received the above-referenced CDP application that you submitted on April 3, 2023.

DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
160

2. Alternati
ves Analysis: Thank you for providing an alternatives analysis for the no project alternative, the bus on shoulder alternative, the Recreational Trail replacement alternative, the single lane busway alternative, the railroad track replacement alternative, and the brief discussions of a Highway 1 auxiliary lane, an HOV lane, a hybrid of different alternatives, and the use of existing surface streets. However, given the large scope of the proposed project and the expected adverse impacts to coastal resources, a more thorough qualitative and quantitative alternatives analysis that explores all possible options to avoid such impacts is necessary for the Commission to evaluate the project. Alternatives should be on even footing with the proposed project, including a consistent use of zero emission buses across alternatives unless there are feasibility constraints for zero emission buses for project alternatives that do not exist for the proposed project. Specifically:
a. Please describe and show on a site map how each alternative will impact ESHA and the duration of those impacts, including the area of ESHA that will be directly covered by new development. For each alternative, please describe how ESHA impacts would be mitigated.
b. Please provide estimates for bus ridership, VMT, and Highway 1 congestion impacts for each alternative, along with supporting evidence for those estimates.
c. Please clarify why the single lane busway alternative includes an 11-foot breakdown shoulder along the length of the busway. Please also provide an updated single lane alternative that minimizes the width of the busway as much as possible over as much of the proposed alignment as possible. d. Please add an inland alignment alternative that includes the construction of a new busway or other improvements to bus infrastructure outside of the coastal zone. On this alternative, please evaluate the feasibility of an alignment that utilizes existing surface streets, or a combination of existing streets and new dedicated busway, and other public transit enhancements such as street light priority signalization, bus-on-median, dedicated stops/platforms, etc. (e.g., service similar to the recently completed Van Ness Avenue BRT in San Francisco). Such analysis should consider how such an alignment could offer service in close proximity to job/housing centers, including at CSUMB, the VA hospital, and planned development on former Fort Ord property, and how this alignment would compare with the proposed project in terms of ridership.
e. Please add a bus-on-median alternative that takes advantage of the wide median through this section of Highway 1, including whether new dedicated on- and off-ramps in the median could be constructed to provide for easy access to a median-located busway. This alternative should also DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
161
compare the rel
ative value of the habitats present in the median as
compared with the proposed project.
f. Thank you for providing information on the feasibility associated with a bus-on-shoulder alternative. While the application materials specified that CHP and Caltrans are not supportive of this approach, we would note that a bus-on-shoulder project is currently being constructed on Highway 1 in Santa Cruz County. Please explain why the bus on shoulder is feasible and supportable on this other section of Highway 1, but not at this location.
g. Please more thoroughly evaluate hybrid approaches to improving bus service in this area. One hybrid option that is worth consideration is a Highway 1 bus-on-shoulder or bus-on-median from the northern start of the proposed busway at Del Monte Boulevard to Imjin Parkway, then the use of 1
st or 2nd Avenues, until re-entry onto Highway 1 at Lightfighter Drive and a continuation of bus-on-shoulder or bus-on-median down to Fremont Boulevard.

As such, the project requested in this CDP application poses some difficult evaluation questions, including how this component will relate to other project components that fall within other jurisdictions.
a. Please describe and quantify which parts of the project fall within each LCP jurisdiction, including the amount of dune habitat disturbance and proposed mitigation (see below) in each jurisdiction.
b. Please provide information regarding the permitting status and intended timeline of the portions of the project that are subject to local government approvals, including information regarding the local CDP permitting DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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process, as
well as all other required local approvals/permits (e.g., CEQA authorizations, other local discretionary permits, building/grading permits, etc.). We would also like to know, at a minimum, the preliminary receptiveness from each local government on the project in their jurisdiction, including whether there have been any controversies or questions raised, alternative routes and configurations requested for evaluation, etc. Please provide an overview of the CDPs and other permits needed for the project as whole, including what outreach has been done to date to garner public participation, and any significant comments made by members of the public and local decisionmakers.
c. Please also provide verification of all other necessary permits, permissions or approvals applied for or granted by other public agencies such as the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, California State Parks, Caltrans, and the U.S. Fish and Wildlife Service, or evidence that no such approvals are necessary from these agencies.

Once we have received this information, we may have more questions about the project’s substantive and procedural issues and can discuss them with you at that time.

4. Impacts to Environmentally Sensitive Habitat Area (ESHA): The 2.5-mile segment of busway requested in this CDP application is sited entirely within ESHA as defined by the Coastal Act, and there are ESHA impacts for sections of the project within the LCP jurisdictions of Marina and Sand City. a. Please describe the method used to calculate ESHA impacts and show on a site plan all areas of expected ESHA impacts. Please differentiate between short-term temporary, long-term temporary, and permanent impacts as defined in the attached memo from Coastal Commission Senior Ecologist Dr. Lauren Garske-Garcia. While the memo was not written for this project, it describes the Commission’s general approach for ESHA mitigation. Please also indicate the total acreage of ESHA that will be covered by new development, as well as the potential off-site/indirect impacts associated with lighting, noise, and other operations on dune habitat.
b. Please provide a mitigation plan for all impacts to ESHA that documents where and how identified ESHA impacts are to be mitigated. The most recent Coastal Commission combined staff report regarding construction in dune ESHA in this area (A-3-MRA-19-0034 and 9-20-0603, Cal-Am Desalination, available on the Commission’s November 17, 2002 archived agenda at:
https://www.coastal.ca.gov/meetings/agenda/#/2022/11)
provides a helpful reference for the nature of mitigation that the Commission has recently required. Please note that the Commission has adopted a ‘no net loss’ policy for this area of dune habitat, requiring dune habitat creation at a 1:1 ratio for all dune habitat covered by permanent DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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development (
see Special Condition 8.c). Regarding mitigation ratios, Dr.

Depending on the type of mitigation employed, these ratios may also be doubled or tripled.

DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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10. Retaining
Walls: The proposed project includes a total of 5,920 linear feet of retaining walls. Please indicate the length of retaining walls proposed in this CDP application, excluding all retaining walls outside of the original permitting jurisdiction of the Coastal Commission. Please also provide visual simulations showing a typical section of the proposed retaining wall as seen from traveling north and south on both Highway 1 and the Monterey Peninsula Recreational Trail.

16. Public Outreach: please provide a comprehensive summary of the public outreach that has been conducted relating to the project, including the DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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communiti
es that were engaged, the extent of public participation, and when outreach activities occurred.

18. Appendix B (Local Agency Review Form): Please have a member of Monterey County planning staff complete and sign Appendix B and return the completed form to our office.

20. Appendix D (Declaration of Posting) and Posting Notice: Please fill out the enclosed “Notice of Pending Permit” forms and post and maintain the notices where they will be conspicuously visible to the public including, at a minimum, at the northern end of Beach Range Road before it passes under Highway 1, the northern end of the Recreational Trail before it passes under Highway 1, the intersection of Beach Range Road and 8
th Street, the intersection of the
Recreational Trail and the path that runs under Highway 1 by 5th Street, the intersection of 1st Street and Beach Range Road, and the southernmost end of Beach Range Road where it intersects the Recreational Trail. All notices: (a) must be weatherproofed (e.g., laminated or otherwise covered in plastic) in the event of inclement weather; such weatherproofing must not make the notices difficult to read; and (b) must be posted at a readable height (i.e., three to five feet or so) against a solid background at least as large as the notice (e.g., an 8½" x 11" piece of plywood attached to a stake). Once the notices are posted, please submit a graphic showing all notice locations (in site plan view), and please submit photographs of such notices keyed to the site plan. All of the notices must DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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remain post
ed as described until the Commission makes a decision on the proposed project. Any notices that become unreadable or are missing (for whatever reason) must be immediately replaced. When the site has been posted, please complete Appendix D (Declaration of Posting) and return this completed form to our office. Please note that additional posting may be necessary when this item gets closer to being scheduled for a hearing in front of the Commission.

Please provide written evidence that you will commit to such posting when and as directed in the future.

Sincerely,
Breylen Ammen
Coastal Planner
Central Coast District Office

Cc: Todd Muck, Michelle Overmeyer, Lisa Rheinheimer, Tad Stearn, Peter Meyerhofer Enclosure
DocuSign Envelope ID: 6CAFB87E-BC87-4E83-8D47-194F4FE3A6D6 EXHIBIT C2 to Resolution
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STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION

CENTRAL COAST DISTRICT
725 FRONT STREET, SUITE 300
SANTA CRUZ , CA 95060
PHONE: (831) 427 -4863
FAX: (831) 427 -4877
WEB: WWW.COASTAL.CA.GO V

SENT VIA ELECTRONIC MAIL May 10, 2021

Michelle Overmeyer
Director of Planning & Innovation
Monterey-Salinas Transit
19 Upper Ragsdale Drive, Suite 200
Monterey, CA 93940

Re: Monterey-Salinas Transit Busway Project

Dear Ms. Overmeyer:

Outreach
We understand that MST has undertaken some outreach to the public and relevant stakeholders to solicit public comment for the proposed transit project, including via today’s meeting. However, from our discussions with the public and other stakeholders it appears that there is limited understanding of the proposed project, and thus it appears that potential interested parties may not have been thoroughly engaged, especially in light of COVID-19 and the associated difficulty for the public to ask questions and receive answers on the proposal in a meaningful way. We strongly recommend that the MST Board not take action on the project today and instead recommend that MST staff redouble its efforts to reach out to affected communities by scheduling multiple/repeat informational and educational webinars, including at a minimum presentations through regular City Council and Board of Supervisor virtual meetings (and in-person meetings as soon as possible) for all jurisdictions affected by the project going forward. We also strongly believe that the process should be extended to allow more time to discuss and evaluate project alternatives with affected cities and entities that address regional public transportation needs in a manner that protects EXHIBIT C2 to Resolution
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MST Busway Project Comments
2 coastal resources and is approvable under the Coastal Act and applicable LCPs. See more discussion in the “ESHA” section below.

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MST Busway Project Comments
3 Coastal Act Section 30240 provides for the protection of ESHA, including sensitive dune habitats such as those found at the former Ford Ord and within the TAMC right-of-way:

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MST Busway Project Comments
4 Coastal Act and LCP consistency, and our Commission will expect this analysis to be present in the staff report for any project.

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MST Busway Project Comments
5 In conclusion, although we are supportive of strategies to maximize public transit opportunities and to reduce carbon emissions and reliance on fossil fuels, the current proposal cannot be found consistent with the Coastal Act or with the applicable LCPs.

Regards,

Mike Watson
Coastal Planner
California Coastal Commission

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May 13, 2024 Item No. 11e

Mayor of the Members City Council Meeting
City Council of May 21, 2024

CITY COUNCIL OPEN A PUBLIC HEARING AND CONSIDER
INTRODUCTION OF ORDINANCE NO. 2024 -, MODIFYING TITLE 17 (ZONING ORDINANCE) TO IMPLEMENT PROGRAM 7.1 OF THE
HOUSING ELEMENT. THIS ACTION IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES

RECOMMENDATION

1. The City Council shall open a public hearing and consider adopting an ordinance amending the Zoning Code (Title 17) to implement Program 7.1 of the Housing Element.

2. Find that the action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

BACKGROUND
On April 11, 2024 the Marina Sixth Cycle Housing Element was certified by the California Department of Housing and Community Development (State HCD). Per the programs of the Housing Element the City must take specific action steps every year to maintain certification with the State. In 2024, six separate actions will be required to be completed by the end of the calendar year. One action is the implementation of Program 7.1 of the Housing Element which requires a text amendment to several provisions of the Zoning Code (Title 17) of the Marina Municipal Code, as described below.

DISCUSSION
Emergency Shelters (AB 2339)- AB 2339, passed in 2022, expands the definition of emergency shelters to include interim housing options such as low barrier navigation centers and bridge housing, and respite and recuperative housing. These definitions have been added to the definitions section of the Zoning Code.1

Transitional Housing -The Zoning Ordinance does not currently list transitional or supportive housing as permitted use within the Marina Heights Residential (MHR) zone. Therefore, since state law requires transitional and supportive housing to be permitted as a residential use subject only to the same regulations as similar residential uses, a Housing Element program has been added to permit transitional and supportive housing in the MHR zone. The implications for this are not as impactful as this area as might be anticipated as these properties are already zoned as a planned development and it would be cost prohibitive for an affordable housing developer to implement transitional housing in this subdivision, however, to remain consistent with Housing Element Law this ordinance modification is required. Additionally, Program 7.1 of the Housing Element is also requiring the City to amend the Zoning Code to incorporate the provisions of transitional housing into commercial, mixed use, mobile home park where housing is also permitted.

1 AB 2339 also requires that the zone(s) permitting emergency shelters by right, without discretionary review, be zones that also are suitable for residential uses. Both R -4 and C -R zones permit residential and mixed-use residential uses, respectively. Through the adoption of Ordinance 2023 -07 the City Council already allows this land use in the R4 and CR zones.

1 Residential Care Facilities (CR Zoning District) - Large Residential Care Facilities (Seven or More Persons): The City permits large residential care facilities in all residential zones and in the C-R zone subject to approval of a CUP. The City Council will consider amending the Zoning Ordinance to revise the findings for approval in Section 17.58.040 (Use Permit) to ensure care facilities are treated like other similar residential uses, thus providing for more consistency in outcomes.

Large Residential Care Facilities (7 or more persons) (All Residential Zones) -The City only permits large residential care facilities for seniors in R-1 with a conditional use permit. The City Council will consider amending the R-1 code to ensure large residential care facilities, regardless of household type, be conditionally allowed in all zones where housing is allowed.

Small Residential Care Facilities (Unlicensed )-The City Council will consider amending the Zoning Ordinance to specify that small residential care facilities that do not require licensing are permitted by-right as regular residential use.

Reasonable Accommodation -The required findings for approval include evaluation of compatibility with neighborhood character and increased traffic. The City Council will consider amending the Zoning Ordinance to re move these two findings for approval to provide for more consistency in outcomes.

Single-Room Occupancy (SRO) Housing: The City Council to consider amending the Zoning Ordinance allow SRO Housing by right in zones that permit multi family housing.

CORRESPONDENCE
No applicable correspondence to this permit has been received as of May 6, 2024

CONFLICT OF INTEREST
Council members are subject to all aspects of the Political Reform Act. Council members must not make, participate in making, or attempt to influence in any manner a governmental decision which they know, or should know, may have a material effect on a financial interest.

EX PARTE COMMUNICATION DISCLOSURES
Adoption of an ordinance is a legislative act of the Planning Commission and City Council and therefore ex-parte disclosures do not apply.

ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) as the adoption of the ordinance will have no reasonable possibility that the project will have a significant effect on the environmen t. Because the proposed action merely updates the Municipal Code to clarify that certain housing types are allowed in certain residential zones, subject to a use permit and project -specific environmental review as necessary, there is no possibility that the activity i n question may have a significant effect on the environment. No further environmental review is necessary.

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

2 Respectfully submitted,

Guido F. Persicone, AICP
Community Development Director
City of Marina

REVIEWED/CONCUR:

Layne Long
City Manager
City of Marina

3 ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL CODE TO IMPLEMENT PROGRAM 7.1 OF THE HOUSING ELEMENT

WHEREAS, on April 11, 2024 the California Department of Housing and Community Development (State HCD) certified the Sixth Cycle Marina Housing Element; and

WHEREAS, City of Marina is obligated by the programs of the Housing Element to implement several policies and ordinance modifications in 2024 to remain compliant with the City’s Housing Element, and/or the Housing Element law; and

WHEREAS, certain households, because of their special characteristics and needs, may require special accommodations or may have difficulty finding housing due to special needs. Special needs groups include seniors, persons with disabilities (including those with developmental disabilities), large households, homeless persons and persons at -risk of homelessness, and farmworkers; and

WHEREAS, Program 7.1 of the Housing Element directs the City to adopt amendments to the Title 17 (Zoning Code) to reduce the barriers to housing for special needs housing groups;

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

Section 1. Findings.

The City Council finds and determines the recitals set forth above to be true and correct and by this reference, incorporates the same herein as findings.

Section 2. Title 17, Zoning, of the Marina City Code is hereby amended to read as follows.

Amended or inserted items will be underlined and in red.

17.04.292 Emergency shelter

“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. This definition shall also include interim housing options such as low barrier navigation centers and bridge housing, and respite and recuperative housing.

17.06.020R-1-Permitted uses.

Uses permitted in the R-1 districts shall be as follows:

C. Small residential care homes, including small residential care homes that do not require licensing by the State or County;

4 17.06.030 R-1-Conditional uses.

Uses permitted, subject to first securing a use permit in each case or in the Coastal Zone, a coastal permit, in the R-1 districts shall be as follows:

C. Large residential care homes. or the elderly;. . Approval shall be pursuant to Section

17.58.040 (Use Permit).

17.08.020 R2-Permitted uses.

Uses permitted in the R-2 districts shall be as follows:

C. Small residential care homes , including small r esidential care homes that do not require licensing by the State or County.

17.08.030 R2-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R -2 districts shall be as follows:

A. Large residential care homes , retirement homes, and extended care medical facilities including convalescent facilities and other skilled nursing facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.10.020 R3 Permitted uses.

Uses permitted in the R-3 districts shall be the following:

C. Small residential care homes , including small r esidential care homes that do not require licensing by the State or County;

17.10.030 R3-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-3 districts shall be the following:

A. Rooming and boarding houses;
B. Extended care medical facilities including convalescent facilities and other skilled nursing facilities;
C. Day care centers and large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

D. Public and quasi -public uses and buildings, including churches, firehous es, parks and playgrounds, community or recreational centers, schools (public and parochial) or schools accredited to the state school system, and public utility buildings and uses exclusive of corporate, storage or repair yards;
5 E. Condominium and/or planned unit development projects subject to the provisions of Chapter 17.66. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006; Zoning Ordinance dated 7/94, 1994)

17.12.020 R4-Permitted uses.

Uses permitted in the R-4 districts shall be as follows:

D. Small residential care homes, including small residential care homes that do not require licensing by the State or County;
K. Single-room occupancy housing as defined in 17.04.612 and pursuant to 17.42.140

17.12.030 R4-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-4 districts shall be as follows:

A. A. Single-room occupancy housing;
G. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.16.020 CR-Permitted uses.

Uses permitted in the C-R districts shall be as follows:

E. Small residential care homes, including small residential care homes that do not require licensing by the State or County;
K. Single-room occupancy housing as defined in 17.04.612 and pursuant to 17.42.140.

17.16.030-CR-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-R districts shall be as follows:

A. Single-room occupancy housing, hotels, and motels;
J. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.18.020 C-1-Permitted uses.

Uses permitted in the C-1 districts shall be as follows:

F. Supportive housing pursuant to Section 17.04.698. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

6 G. Transitional housing as defined in Section 17.04.711;

17.18.030 C1-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-1 districts shall be as follows:

J. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.20.020 C-2-Permitted uses.

Uses permitted in the C-2 districts shall be as follows:

C. Supportive housing as defined in Section 17.04.698. (Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2002-09 § 1, 2002; Zoning Ordinance dated 7/94, 1994) D. Transitional housing as defined in Section 17.04.711;

17.20.030 C2-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-2 districts shall be as follows:

J. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.22.030-PC-Permitted uses.

Uses permitted in the PC district, subject to first securing a zoning permit in each case, shall be as follows:

E. Transitional housing as defined in Section 17.04.711;

17.38.020-MHR-Permitted uses.

Uses permitted in the MHR district shall be as follows:

E. Transitional Housing as defined in Section 17.04.711.

F. Small residential care homes, including small residential care homes that do not require licensing by the State or County.

G. Supportive housing as defined in Section 17.04.698 and subject to the following review timelines per California Government Code Section 65653(b): The city shall notify the developer whether the application is complete within thirty days of receipt of an application to develop supportive housing in accordance with this section. The local government shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units;
7 17.38.021 MHR Conditional Uses
J. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use Permit).

17.45.040 Reasonable Accommodation Findings. The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:

1. Whether granting the accommodation would fundamentally alter the character of the neighborhood.

2. Whether granting the accommodation would result in a substantial increase in traffic or insufficient parking.

1. Whether granting the accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan.

17.58.040 Use Permit Action by appropriate authority.

A. In order to grant any use permit, the findings of the appropriate authority shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and in the Coastal Zone the use is consistent with all applicable local coastal land use plan recommendations and requirements.

C. Residential care facilities and single room occupancy uses shall be considered a residential use of property, and, except as otherwise set forth in this chapter, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

Section 3. California Environmental Act (CEQA).

The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) as the adoption of the ordinance will have no reasonable possibility that the project will have a significant effect on the environment. Because the proposed action merely updates the Municipal Code to clarify that certain housing types are allowed in certain residential zones, subject to a use permit and project -specific environmental review as necessary, there is no possibility that the activity in question may have a significant effect on the environment. No further environmental review is necessary.

Section 4. Severability.

It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of 8 the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Section 4. Effective Date.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.

This ordinance was introduced and read on the 21st day of May 2024 and was finally adopted on the 4th day of June 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_______________________________
Bruce Delgado, Mayor
ATTEST:
_______________________________
Anita Sharp, Deputy City Clerk
9 EXHIBIT A

FINDINGS
Consistent with the General Plan

1) General Plan Policy 5.4.6- Zoning Ordinance Update 5.4 -A major revision of the City’s existing zoning code is required to implement the General Plan. The initial step should be to thoroughly review and critique the existing code and identify its deficiencies. Changes are required to implement Housing Element policies and programs.

Evidence: By adopting the revisions to the zoning ordinance as required by Program 7.1 of the Housing Element, the City will be implementing General Plan Policy

5.4.6 which directs city staff to review the Municipal Code for consistency with Housing Element Law.

2) General Plan Policy 5.7-Preparation and adoption of the following ordinances should be undertaken to address the General Plan objectives of matching housing to the needs of local employees and providing housing to meet the needs of households of all economic levels:

Evidence: By reducing the housing constraints for special housing needs groups per Program 7.1 of the Housing Element, the City will be implementing General Plan Policy

5.7. 1765241.1
10 May 1, 2024 Item No. 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 21, 2023

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,

AMENDING THE RATE ADJUSTMENT CALCULATION OF THE

FRANCHISE AGREEMENT WITH GREEN WASTE RECOVERY

UTILIZING A SECTOR SPECIFIC UNIFORM PERCENTAGE

ADJUSTMENT AND APPROVING MAXIMUM RATES TO BE
CHARGED BY GREENWASTE RECOVERY EFFECTIVE JULY 1, 20 23

FOR COLLECTION OF FRANCHISED SOLID WASTE, RECYCLING,
AND ORGANICS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 24- amending the rate adjustment calculation of the franchise agreement with Green Waste Recovery utilizing a sector specific uniform percentage adjustment and approving maximum rates to be charged by Green Waste Recovery effective July 1, 2024, for collection of franchised solid waste, recycling, and organics.

BACKGROUND:

On August 19, 2014 , the City Council adopted Resolution No. 2014 -98, and entered into a new exclusive 15 -year Franchise Agreement with Green Waste Recovery (GRW) to provide solid waste, recycling, and organics collection services for the City of Marina. The Agreement provides for automatic annual rate adjustments for GWR’s services calculated following either a multi-index rate adjustment methodology or a cost-based rate adjustment methodology.

On November 2, 20 21, the City Council adopted Resolution No. 20 21-114, approving an amendment to the Franchise Agreement with Green Waste Recovery (GRW) to incorporate changes required by Senate Bill 1383 (SB 1383) to divert organic waste from landfills. The amended Agreement retained provisions for automatic annual rate adjustments for GWR’s services calculated following either a multi -index rate adjustment methodology or a cost -based rate adjustment methodology.

Cost-based Rate Adjustment Methodology
The cost-based adjustment involves an extensive and detailed review of GWR’s actual cost of operations, changes in inflation, the number of customers, and the service level provided and comparing this to actual gross receipts collected to determine GWR’s compensation for the current rate period and to forecast the future rates. A cost-based rate adjustment was performed for rate period 5 in 2019. Adjustments to the GWR compensation resulted in rate -payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7.

At the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -74, approving rate increases that were offset by applying $89,227 of the surplus generated in rate period 7 which reduced the increase from 5.82% to 3.10%. The remaining half of the surplus generated in rate period 7 was retained to offset rate increases in rate period 9.

1 At the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -75, approving an agreement between the City of Marina and HF&H Consultants, LLC (HF&H) to perform an analysis of an equitable method of crediting surplus solid waste collection fees back to rate payers.

At the meeting on October 18 , 2022, the City Council adopted Resolution No. 2022 -75, approving a credit of surplus solid waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6.

In accordance with the methodology developed by HF&H, GWR made on -bill credits to eligible customers in the months of January, February, and March, of 2023. The credits resulted in a distribution of $658,795 of the $798,501 surplus generated in rate periods 5 and 6. The remaining surplus of $139,706 will be available to apply in future rate periods to limit the amount of rate increase to Marina customers.

Multi-index Rate Adjustment Methodology
Each service level rate in the Franchise Agreement rate schedule is comprised of an operating component, disposal/processing component and a fee component. The annual rate adjustment consists of adjusting each of the rate components as follows:

Operating Component Factor:
• Labor Component: Labor costs from the prior year are adjusted by the annual percentage change in the Employment Cost Index (ECI)
• Fuel Component: Fuel costs from the prior year are adjusted by the actual volume of fuel purchased in the prior year and the annual percentage change in the Fuel Index • Other Component: Non labor/fuel related costs from the prior year are adjusted by the annual percentage change of the Consumer Price Index (CPI)

Disposal/Processing Component : This component is automatically adjusted as a direct pass - through based on MRWMD fees and the City’s prior year’s tonnages by material type. The disposal and processing component(s) are based on the difference between the City’s actual tonnage by material type and what was proposed by GWR in their initial proposal to the City.

The disposal and processing components also consider the tipping fee charged by the Monterey Regional Waste Management District (MRWMD).

Fee Component : This component is a direct pass through of Franchise fees, calculated as a percent of the total rate by service level.

The rate adjustment for the 20 24/2025 fiscal year was conducted using a variation of the multi- index methodology which was distributed across sectors by weighted averages in accordance with the methodology agreed upon in 2016 . The changes implemented in 2016 allow for a uniform percentage increase for services.

The Franchise Agreement stipulates that the City of Marina shall make a good faith effort to approve the accuracy of the calculated rates by June 1 of each year, and such rates shall be effective on each subsequent July 1. This allows noticing all customers of rate increases. If rates are not effective by July 1 due to a delay caused solely by the City of Marina, GWR may retroactively bill customers for the amount of the rate increase.

2 ANALYSIS:

GWR provided the City with the annual rate adjustment calculation on March 1 , 2024 . “EXHIBIT A” is an executive summary from HF&H reporting the finding that the application for the annual rate adjustment by GWR is consistent with the approved methodology.

The rate adjustment that was reviewed by HF&H includes a 5.56% increase to residential rates for period 10 rate increase. The increase in dollars equals $1.22 per month for residents with 64 - gallon containers and $.97 increase for customers with 32-gallon containers. The reason this rate increase is a bit higher than normal is because of the credit reduction from what the rate would have been without the credit last fiscal year.

Staff is recommending the sector-based adjustment be used for calculating rates for 2024/2025 in keeping with the methodology approved in 2016.

FISCAL IMPACT:

The FY2024/2025 proposed rate adjustment would have no effect on City expenses, as this is a cost to the rate payers. The Franchise Agreement has a 15% franchise fee of gross receipts. Any rate increase provides a corresponding increase in franchise fee revenue to the City.

CONCLUSION:

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

Respectfully submitted,

____________________________
Layne Long
City Manager
City of Marina

Exhibit A – Summary of HF&H’s review of GWR’s 2024/25 rate request Exhibit B – Proposed 2024/25 GWR rates

3 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING THE

RATE ADJUSTMENT CALCULATION OF THE FRANCHISE AGREEMENT WITH

GREEN WASTE RECOVERY UTILIZING A SECTOR SPECIFIC UNIFORM

PERCENTAGE ADJUSTMENT AND APPROVING MAXIMUM RATES TO BE CHARGED BY GREENWASTE RECOVERY EFFECTIVE JULY 1, 2023 FOR COLLECTION OF FRANCHISED SOLID WASTE, RECYCLING, AND ORGANICS.

WHEREAS, the City of Marina entered into a franchise agreement with GreenWaste Recovery (GWR) on August 19, 2014 for solid waste, recycling, and organics collection services for the period of August 1, 2015 through July 31, 2030, and;

WHEREAS, Section 8.2 of the Franchise Agreement describes the process for an automatic annual adjustment to maximum customer rates on July 1 of each year, based on agreed upon cost indices, changes in tipping fees as the Monterey Regional Waste Management District, and the actual tonnage for materials collected by GWR, and;

WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 2021 -114, approving an amendment to the Franchise Agreement with Green Waste Recovery (GRW) to incorporate changes required by Senate Bill 1383 (SB 1383) to divert organic waste from landfills. The amended Agreement retained provisions for automatic annual rate adjustments for GWR’s services calculated following either a multi-index rate adjustment methodology or a cost- based rate adjustment methodology, and;

WHEREAS, a cost-based rate adjustment was performed for rate period 5 in 2019. Adjustments to the GreenWaste compensation resulted in rate -payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7, and;

WHEREAS, at the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -74, approving rate increases that were offset by applying $89,227 of the surplus generated in rate period 7 which reduced the increase from 5.82% to 3.10%. The remaining half of the surplus generated in rate period 7 was retained to offset rate increases in rate period 9, and;

WHEREAS, $89,227 of the rate period 7 surplus was applied to reduce the rate period 8 rate increase from 5.82% to 3.10%, and;

WHEREAS, at the meeting on October 18, 2022, the City Council adopted Resolution No. 2022- 75, approving a credit of surplus solid waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6, and;

WHEREAS, GWR made on-bill credits to eligible customers in the months of January, February, and March, of 2023. The credits resulted in a distribution of $658,795 of the $798,501 surplus generated in rate periods 5 and 6. The remaining surplus of $139,706 will be available to apply in future rate periods to limit the amount of rate increase to Marina customers; and;

WHEREAS, GWR provided the City with the annual rate adjustment calculation on March 1, 2024 ( EXHIBIT “B” ). S taff and third-party consultant, HF&H, have reviewed GWR’s calculation of the rate adjustments for FY 202 4/2025 and finds the calculations to be accurate and consistent with the methodology and requirements of the franchise agreement (see EXHIBIT “A”), and;

4 Resolution No. 2024-,
Page Two

WHEREAS, the rate adjustment that was reviewed by HF&H includes a 5.56% increase to residential rates for period 10 rate increase.

WHEREAS, staff is recommending the sector -based adjustment be used for calculating rates for 2024/2025 in keeping with the methodology approved in 2016.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina hereby resolves to approve the rates in Exhibit B that incorporate a 5.56% increase to all single family residential maximum rates authorized to be charged by GWR under the Franchise A greement, effective July 1, 2023.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of May 2024, 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 Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton
April 26, 2024
Matt Mogensen
Assistant City Manager
City of Marina
Sent via E-mail
Subject: Review of GreenWaste Recovery’s 2024-25 Rate Request Dear Brian McMinn:

HF&H Consultants, LLC (HF&H) was retained by the Monterey Regional Waste Management District (District) to assist with a review of GreenWaste Recovery’s (GWR) request for an adjustment to customer rates, effective July 1, 2024, submitted to the City of Marina (City) on March 1, 2024. This report presents our findings and recommendations.

EXECUTIVE SUMMARY
HF&H’s review of GWR’s Rate Period 10 (RP10) rate request to the City and subsequent negotiations with GWR resulted in the following outcomes:
• HF&H has determined a 5.56% increase as appropriate as a result of the following components:
▪ 4.50% inflationary increase in labor-related costs
▪ 3.50% inflationary increase in vehicle-related costs (excl. fuel) ▪ Fuel rate held flat as set by the District
▪ 3.5% inflationary increase in other costs
▪ Depreciation held flat per the Agreement
▪ -9.86% net processing costs decrease due to Residue Processing Costs being removed in 2022 per the District
▪ 4.74% increase in disposal costs due to an increase in per ton disposal rate, and a slight increase in tonnage
Refer to Figure 1 below for the impact to sample residential rates.

EXHIBIT A
6 Managing Tomorrow’s Resources Today

Matt Mogensen
April 26, 2024

Page 2 of 6 ends

Marina City CouncilMay 21, 2024

Marina City Council
May 21, 2024