Agenda — Marina City Council, October 15, 2024 (part 1 of 2)

AMENDED
AGENDA
Tuesday, October 15, 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
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Council Chambers
211 Hillcrest Avenue
Marina, California
AND
TELECONFERENCE LOCATION: 1
1004 Saga St.

Glendora, California 91741
and
Hotel Maya, 700 Queensway Drive
Long Beach, CA90802
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.
1 Note: Pursuant to Government Code Section 54953(b), this meeting will include teleconference participation by Councilmember Jenny McAdams and Mayor Bruce C. Delgado from the addresses above. This Notice and Agenda will be posted at the teleconference location.

AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 2

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

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and san 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

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. Conference with Legal Counsel: Existing Litigation (Govt. Code § 54956.9(d)(1)) 1 case(s): City of Marina et al., Plaintiffs vs. California Coastal Commission, Defendant, et al., Monterey Superior Court Case No. 22CV004063
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. Receive presentation on City Projects, Infrastructure and Impact Fees. b. Receive presentation on FY 23/24 Stormwater Program Annual Report.

7. COUNCIL AND STAFF ANNOUNCEMENTS:

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.

AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 3

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under 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 105418-105512, totaling $1,819,879.77 Accounts Payable Successor Agency EFT 107-108, totaling $2,038.68 b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) October 1, 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: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024-, approving the designation of a portion of city properties as shown on the Phase 2 West Final Map as 6th and 7th street right of way. (Not a Project under CEQA per Article 20, Section 15378) (2) Adopting Resolution No. 2024 -, accepting the dedication of Public Improvements as shown on the approved Dunes (Formerly University Village) Improvement Plans and Final Map for Residential Phase 2 East (not including Hilltop Park); authorize the City Clerk to release bond securities, accept a warranty bond, and record acceptance with Monterey County Recorder’s Office. (not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
(3) Adopting Resolution No. 2024-, approving a request by the contracting parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, L P, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4a area in the amount of $3,351,867, accepting a substitute performance bond security of $335,186.70 for remaining punch list items. (not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 4

(4) Adopting Resolution No. 2024 -, authorizing the City Manager to enter into and execute an agreement to settle the following actions: City of Marina, et al. v. County of Monterey, et al (Case No. 19CV005270) ; California-American Water Company v. All Persons Interested, et al ., in Monterey County Superior Court (Case No. 20CV002436); City of Marina, et al. v. All Persons Interested, et al ., in Monterey County Superior Court (Case No. 21CV000493); and City of Marina, et al. v. All Persons Interested, et al., in Monterey County Superior Court (Case No. 23CV001400) all pending in Monterey Superior Court
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024 -, approving agreements between the city of Marina and M3 Environmental, LLC for on-call professional services in the disciplines of hazardous materials testing and monitoring . (not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) (2) Adopting Resolution No. 2024 -, approving Amendment No. 8 to the agreement between City of Marina and Save The Whales Of Seaside, California, to provide professional services for the city of marina’s storm water program, authorizing the finance director to make necessary accounting and budgetary entries, and authorizing the city manager to execute the agreement on behalf of the city subject to final review and approval by the city attorne y. (not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
(3) Adopting Resolution No. 2024 -, to authorize the City Manager to enter into an agreement with Pacific Gas & Electric for joint use of rights of way and easements related to the undergrounding of certain utilities within the project by Shea Homes Limited Partnership shown on “Tract 1566 The Dunes On Monterey Bay Phase 2 West” in the vicinity of 1st Avenue between 8th Street and 6th Street, City of Marina, subject to review and approval by the City Attorney.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Accept letter to Transportation Agency for Monterey County requesting an extension of the lease with the Museum of Handcar Technologies. k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
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. City Council to hold a public hearing and continue such public hearing to November 6, 2024, regarding the establishment of the City of Marina Community Facilities District No. 2024 -1 (The Dunes -West Side Services CFD), the levy of special taxes, and calling an election within the district.

AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 5

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). a. Adopting Resolution No. 2024 -, certifying the Final Environmental Impact Report (FEIR), and adopt the mitigation monitoring program (MMRP), findings of fact, and statement of overriding considerations ; and a pprove the Downtown Specific Plan , incorporating the revisions recommended by the Planning Commission in its September 12, 2024, resolution; and a dopt General Plan Amendments (GPA 24 -003) to the 2000 Marina General Plan to implement the Downtown Specific Plan ; and a dopt zoning text amendments to the Marina Municipal Code to implement the Downtown Specific Plan ; and a mend the Marina Zoning Map to incorporate by reference the zoning standards identified as Appendix A (Development Code) to the Downtown Specific Plan ; and r escind City Council Motion 2008 -111 regarding the preparation of a specific plan for individual projects in the downtown area. (90-minutes)
b. Adopting Resolution No. 2024-, receiving a follow-up presentation and, providing approval of the final planting palette selection for the del monte boulevard median landscaping, phase 1 project. (30-Minutes)
c. Receive informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023, and receive directions from city council . (30- Minutes)
d. Receive update on City Manager’s SMART Goals (15-Minutes)

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 AMENDED 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 12:00 p.m., Saturday, October 12, 2024.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 6

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.

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

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

Tuesday, December 3, 2024
Tuesday, December 17, 2024
*** 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)

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

AMENDED Agenda for City Council Meeting of Tuesday, October 15, 2024 Page 7

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.

October 24, 2024 November 14, 2024
November 28, 2024 (Cancelled)
December 12, 2024

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.

October 17, 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.

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.

CITY OF MARINA

ANNUAL STORMWATER
REPORT 23/24
OCTOBER 15, 2024
Environmental Compliance Specialist, LLC
Agenda Item: 6b

PROGRAM OVERVIEW
• Under Municipal Stormwater Permit 2023-2024
• Regulations Continue to Grow
• Legal Decisions Keep us Guessing
• Key Update Items
Draft Small MS4 Permit Key Items
• Work Plan 2024-2025 Period
• Too much to discuss in 5 minutes
Overview
KEY ACCOMPLISHMENTS 23/24
• Perc/Pond Study – Results No Discharges to WOTUS
• Annual Trash Policy Requirements
• Phase II Permit Requirements
• Annual Staff Training
• Annual Facility / Site Assessments
• Public Education & Outreach
• Public Participation and Involvement
• Post Construction Requirements
• Program Effectiveness Assessment Improvement
Overview

PUBLIC EDUCATION & OUTREACH
Focus: Measurable goals to address target pollutants

1. Education Topic

2. Audience

3. Education Mode

4. Quantity of People Reached
Key Points
a. 13 Community Events Conducted
b. 431 Students Reached
c. 190 lbs of Trash / Recyclables Removed
d. Perc Pond Study - Water Monitoring Study Completed
Volunteerism!

VOLUNTEERISM

PUBLIC EDUCATION &

OUTREACH
Volunteerism!

PUBLIC EDUCATION & OUTREACH
Marina State Beach Cleanup
Thank you, Volunteers!
Volunteerism!

PUBLIC EDUCATION & OUTREACH
Watershed Pollution Outreach
Volunteerism!

PUBLIC EDUCATION & OUTREACH
Storm Drain Stenciling and Public Art
Volunteerism!

EDUCATIONAL BROCHURES

NEW DRAFT SMALL MS4 PERMIT
• Simply Starting Over
• Many Work Plans to Develop, Submit & Updates To Do
• Updated / New Guidance Document
• Update Legal Authority / Enf. Response Plan / IDDE /
Etc
• Develop PEPO Work Plan / Strategy
• Update Existing Maps / Guidelines / Etc.
• Review and Update Legal Authority / Ordinance
• Review and Update PCR Requirements as Necessary
• Additional Layers of Reporting to Comply With
• Many 1 x and Many New Continuous Requirements
Additional Reqt’s
WORK PLAN 2024-2025
• Continue All Permit Requirements
• Begin Move Towards Reduced Permits
• 1st - Construction General Permit – NONA Clause
• 2nd - Industrial General Permit – NONA Clause
• 3rd - MS4 Permit – NONA Clause Removed
• Key Factors:
• PERC / Pond Study Results – No Discharges
• Sackett v. EPA Definition of Waters of the U.S.
• If NONA Approved:
• Continue to Implement Program without documentation,
tracking and reporting
Recommendations

THE TEAM THANKS YOU
• City Leaders
• Agency Personnel,
• Save the Whales
• Environmental Compliance Specialist, LLC
Much Appreciated

Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.010 - Prof Svc Admin - Muni Code
10149 - Code Publishing Inc. - General
Code
GC00127226 MMC WebUpdate Paid by Check
# 105430
09/21/2024 09/24/2024 09/24/2024 10/04/2024 830.00
Account 6300.010 - Prof Svc Admin - Muni Code Totals Invoice Transactions 1 $830.00 Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11869 - Agile Occupational Medicine PC EM028023 Agile Occupational Medicine - Pre Emp Px
Paid by EFT #
5196
09/10/2024 09/27/2024 09/27/2024 10/04/2024 265.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 1 $265.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 125.98
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $125.98 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $1,220.98 Division 000 - Non-Div Totals Invoice Transactions 3 $1,220.98 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 3 $1,220.98 Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.331 - Prof Svc IT - Website Svc
10143 - Civicplus 318165 Quarterly Website
Hosting and Support
Paid by EFT #
5202
10/01/2024 09/30/2024 09/30/2024 10/04/2024 4,128.14
Account 6300.331 - Prof Svc IT - Website Svc Totals Invoice Transactions 1 $4,128.14 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,128.14 Division 000 - Non-Div Totals Invoice Transactions 1 $4,128.14 Department 125 - I. T. Totals Invoice Transactions 1 $4,128.14 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.216 - Prof Svc Fin - Accounting Services
12101 - Foster & Foster Consulting
Actuaries, Inc.
33059 Preparation of the June
30, 2024 GASBS 68
report for CALPERS
Paid by Check
# 105437
09/24/2024 10/02/2024 10/02/2024 10/04/2024 2,100.00
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $2,100.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,100.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,100.00 Department 130 - Finance Totals Invoice Transactions 1 $2,100.00 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 1 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.500 - Medical Vision
10607 - Vision Service Plan 10-.01-24 VSP Adjustment
(10/01/2024)
Paid by Check
# 105472
10/01/2024 10/01/2024 10/01/2024 10/04/2024 93.16
10607 - Vision Service Plan 10-01-.24 VSP Adjustment
(10/2024 COBRA)
Paid by Check
# 105472
10/01/2024 10/01/2024 10/01/2024 10/04/2024 68.43
Account 6150.500 - Medical Vision Totals Invoice Transactions 2 $161.59 Account 6300.570 - Prof Svc Other
10588 - United Site Services INV-4826971 2830 5th Ave
Equestrian Center
Paid by Check
# 105464
09/30/2024 10/01/2024 10/01/2024 10/04/2024 789.82
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $789.82 Account 6380.150 - Utilities Comm Phone System
10374 - Maynard Group Inc. 301606 Phone Line Swap in
CDD
Paid by EFT #
5210
09/26/2024 09/24/2024 09/24/2024 10/04/2024 240.00
10758 - AT & T CALNET3 000022349296 CALNET3-9391023471 (582-0100)
Paid by Check
# 105423
09/27/2024 10/02/2024 10/02/2024 10/04/2024 63.32
10758 - AT & T CALNET3 000022349230 CALNET3-9391023477 (582-9803)
Paid by Check
# 105423
09/27/2024 10/02/2024 10/02/2024 10/04/2024 30.42
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $333.74 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 172-
2 PG&E - 5618207172-2 Paid by Check
# 105453
09/18/2024 10/02/2024 10/02/2024 10/04/2024 825.50
10463 - Pacific Gas & Electric Sept 2024 795-
7 PG&E - 4467294795-7 Paid by Check
# 105453
09/19/2024 10/02/2024 10/02/2024 10/04/2024 559.07
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 2 $1,384.57 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Sept 2024 56
017
208-A Palm Ave Paid by Check
# 105440
09/12/2024 09/30/2024 09/30/2024 10/04/2024 95.64
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $95.64 Account 6400.565 - Material & Suppl Office Supplies
10540 - Sierra Springs & Alhambra 7266038
092724
Water Cooler Rentals
and Replacement
Water
Paid by Check
# 105460
09/27/2024 09/30/2024 09/30/2024 10/04/2024 139.39
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $139.39 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 8-627-20475 Shipping Charges -
BMR Housing &
Overnight Check to
Shartsis
Paid by Check
# 105435
09/20/2024 09/24/2024 09/24/2024 10/04/2024 86.91
10235 - FedEx 8-633-32632 Shipping Charges -
BMR Housing Program
Paid by Check
# 105435
09/27/2024 09/30/2024 09/30/2024 10/04/2024 181.48
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 2 $268.39 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 2 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 6600.010 - Other Charges Alarm
10239 - First Alarm 828994 Remote Alarm Code
Entry - Rene Ortega
Paid by EFT #
5205
06/20/2024 09/24/2024 09/24/2024 10/04/2024 35.00
10239 - First Alarm 828993 Remote Alarm Code
Entry - Rene Ortega
Paid by EFT #
5205
06/20/2024 09/24/2024 09/24/2024 10/04/2024 35.00
10239 - First Alarm 841149 Alarm Monitoring -
Council Chambers Oct-
Dec 2024
Paid by EFT #
5205
09/15/2024 09/30/2024 09/30/2024 10/04/2024 133.08
10239 - First Alarm 841150 Alarm Monitoring - 209
Cypress - Oct-Dec 2024
Paid by EFT #
5205
09/15/2024 09/30/2024 09/30/2024 10/04/2024 148.23
10239 - First Alarm 841205 Alarm Monitoring - 304
Hillcrest Ave - Oct-Dec
2024
Paid by EFT #
5205
09/15/2024 09/30/2024 09/30/2024 10/04/2024 722.07
10239 - First Alarm 844844 Alarm Monitoring - 209
Cypress Ave Fire - Oct-
Dec 2024
Paid by EFT #
5205
09/15/2024 09/30/2024 09/30/2024 10/04/2024 222.15
Account 6600.010 - Other Charges Alarm Totals Invoice Transactions 6 $1,295.53 Account 6600.090 - Other Charges Claims, Judgments, Damages 10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
Sept 2024 090-
1 MBASIA - Claim for
Payment Q4 2023-2024
Paid by Check
# 105442
09/26/2024 09/26/2024 09/26/2024 10/04/2024 1,626.70
Account 6600.090 - Other Charges Claims, Judgments, Damages Totals Invoice Transactions 1 $1,626.70 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 19 $6,095.37 Division 000 - Non-Div Totals Invoice Transactions 19 $6,095.37 Department 190 - Citywide Non-Dept Totals Invoice Transactions 19 $6,095.37 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10143 - Civicplus 318208 Emergency Mass
Notification
Paid by EFT #
5202
10/01/2024 10/01/2024 10/01/2024 10/04/2024 6,826.23
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $6,826.23 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228812 Janitorial Service - Police/Fire/Airport
August 2024
Paid by EFT #
5200
08/27/2024 09/27/2024 09/27/2024 10/04/2024 1,308.34
10080 - Branch's Janitorial 228825 Janitorial Service - Police/Fire/Airport
September 2024
Paid by EFT #
5200
09/27/2024 09/27/2024 09/27/2024 10/04/2024 1,308.34
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 2 $2,616.68 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 3 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10493 - Pure H2O 23166 Water Cooler Service
Police & Fire 10/01/24
Paid by Check
# 105454
10/01/2024 10/02/2024 10/02/2024 10/04/2024 88.55
10905 - Taygeta Scientific, Inc. 001200 SentinelOne End Point Detection July -
September 2024
Paid by Check
# 105463
10/01/2024 10/01/2024 10/01/2024 10/04/2024 1,113.75
10627 - Zoom Imaging Solutions IN4393973 Meter Read Paid by Check # 105469
09/20/2024 09/30/2024 09/30/2024 10/04/2024 111.88
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 3 $1,314.18 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9974137448 Department Cell
Phones 272493672-
0001
Paid by EFT #
5214
09/18/2024 09/30/2024 09/30/2024 10/04/2024 1,686.24
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $1,686.24 Account 6380.150 - Utilities Comm Phone System
10053 - AT & T Sept 2024 7
001
Account Number
0519354017001
Paid by Check
# 105422
09/21/2024 09/26/2024 09/26/2024 10/04/2024 48.40
10758 - AT & T CALNET3 000022307473 Acct # 9391023478 Paid by Check # 105423
09/15/2024 09/26/2024 09/26/2024 10/04/2024 59.29
10057 - Avaya, Inc. 22218938 Service Agreement Paid by EFT # 5199
09/28/2024 09/30/2024 09/30/2024 10/04/2024 10.30
10374 - Maynard Group Inc. IN2050240 Utilities - Phone / Police Account # AC3746
Paid by EFT #
5210
10/01/2024 10/01/2024 10/01/2024 10/04/2024 670.21
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 4 $788.20 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 4,787.06
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $4,787.06 Account 6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation 40598107 Office Supplies Paid by Check # 105455
09/16/2024 09/26/2024 09/26/2024 10/04/2024 85.19
10498 - Quill Corporation 40550442 Office Supplies Paid by Check # 105455
09/12/2024 09/26/2024 09/26/2024 10/04/2024 746.08
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $831.27 Account 6400.720 - Material & Suppl Safety Equip
10727 - Ace Hardware-Public Safety 089528 Supplies Paid by Check # 105418
09/27/2024 09/30/2024 09/30/2024 10/04/2024 21.84
Account 6400.720 - Material & Suppl Safety Equip Totals Invoice Transactions 1 $21.84 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 4 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.800 - Material & Suppl Uniform
10541 - Sign Works - SC Works 14116 Graphic Design,
Badges, Patches
Paid by Check
# 105461
01/09/2023 10/01/2024 10/01/2024 10/04/2024 499.82
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $499.82 Account 6500.620 - Training & Travel POST
10646 - Cox, Richard - Reimbursements
Only
10-02-23 COX CPOA Training Paid by EFT #
5203
09/27/2024 09/27/2024 09/27/2024 10/04/2024 128.00
11768 - Ivan Santana 10-07-24 Santana ICI Homicide
Course Per Diem
Paid by EFT #
5206
09/30/2024 09/30/2024 09/30/2024 10/04/2024 350.00
11408 - Johnson, Christopher 10-09-24 Johnson SLI Session Per Diem
Paid by EFT #
5207
10/01/2024 10/01/2024 10/01/2024 10/04/2024 161.00
11587 - Peliova, Carolyn 10-08-24 Peliova Field Training Program Per Diem
Paid by EFT #
5212
09/30/2024 09/30/2024 09/30/2024 10/04/2024 174.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 4 $813.00 Account 6600.455 - Other Charges Leased Parking
12070 - Open Road Investors, LLC 10-02-24 Parking Rental Fees Paid by Check # 105452
10/02/2024 10/02/2024 10/02/2024 10/04/2024 1,600.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $1,600.00 Account 6600.465 - Other Charges Live Scan
10193 - California Department of Justice 758655 Livescans Paid by Check # 105426
09/06/2024 09/26/2024 09/26/2024 10/04/2024 292.00
Account 6600.465 - Other Charges Live Scan Totals Invoice Transactions 1 $292.00 Account 6600.485 - Other Charges Medical Svc - Investigations 10008 - Monterey County Department of
Health - EHB
MRN-PD 24-8 Bates Interview: Case
Number MARPD 24-
1548
Paid by Check
# 105444
09/25/2024 10/01/2024 10/01/2024 10/04/2024 52.00
10445 - Natividad Medical Center 09-06-24 8-24-24 Blood Alcohol:

Angelica M. Aguilar
Valencia
Paid by Check
# 105451
09/06/2024 10/01/2024 10/01/2024 10/04/2024 31.00
10602 - VCA All Pets Animal Hospital
Salinas
5644695908 Acct # 20691 Patient
#80709
Paid by Check
# 105465
09/20/2024 09/26/2024 09/26/2024 10/04/2024 659.24
Account 6600.485 - Other Charges Medical Svc - Investigations Totals Invoice Transactions 3 $742.24 Account 6600.490 - Other Charges Membership Prof Orgs
10095 - California Police Chiefs Association 8274 Prof. Org. Membership -Steve Russo
Paid by Check
# 105427
08/27/2024 10/01/2024 10/01/2024 10/04/2024 155.00
11351 - Legal Notification Services, Inc. 1476 Other Service Agreement
Paid by Check
# 105439
09/25/2024 09/26/2024 09/26/2024 10/04/2024 1,904.10
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 2 $2,059.10 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 5 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.780 - Other Charges Transcription Svc
10544 - SpeakWrite d4f37d4c Transcription Service;
Online Reporting
Paid by Check
# 105462
10/01/2024 10/01/2024 10/01/2024 10/04/2024 2,013.06
Account 6600.780 - Other Charges Transcription Svc Totals Invoice Transactions 1 $2,013.06 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 28 $26,890.92 Division 000 - Non-Div Totals Invoice Transactions 28 $26,890.92 Department 210 - Police Totals Invoice Transactions 28 $26,890.92 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
119399A Building Permit - Plan
review and Insp for
Laughlin Apts
Paid by Check
# 105428
09/18/2024 09/30/2024 09/30/2024 10/04/2024 215.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $215.00 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228812 Janitorial Service - Police/Fire/Airport
August 2024
Paid by EFT #
5200
08/27/2024 09/27/2024 09/27/2024 10/04/2024 516.66
10080 - Branch's Janitorial 228825 Janitorial Service - Police/Fire/Airport
September 2024
Paid by EFT #
5200
09/27/2024 09/27/2024 09/27/2024 10/04/2024 516.66
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 2 $1,033.32 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4206591543 Shop towels Paid by Check # 105429
09/27/2024 09/30/2024 09/30/2024 10/04/2024 138.05
10239 - First Alarm 841529 Monitoring services at
station 2 - 10/01/24 to
12/31/24
Paid by EFT #
5205
09/15/2024 10/02/2024 10/02/2024 10/04/2024 140.94
10493 - Pure H2O 23166 Water Cooler Service
Police & Fire 10/01/24
Paid by Check
# 105454
10/01/2024 10/02/2024 10/02/2024 10/04/2024 113.53
10623 - Xerox Financial Services 6297537 FD Monthly Copier Charges 09/17/24 -
10/16/24
Paid by Check
# 105468
09/27/2024 09/27/2024 09/27/2024 10/04/2024 239.26
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 4 $631.78 Account 6360.850 - Maint & Repairs Vehicle
10780 - Allstar Fire Equipment Inc. 259115 7 Gallons of Class A/B Foam
Paid by EFT #
5198
09/26/2024 10/02/2024 10/02/2024 10/04/2024 1,567.42
Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 6 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10780 - Allstar Fire Equipment Inc. 259112 Rubber covered Supply Hose, 5"x50', Yellow
Stencil.

Paid by EFT #
5198
09/26/2024 10/02/2024 10/02/2024 10/04/2024 6,637.17
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $8,204.59 Account 6400.100 - Material & Suppl CSA 74 Funded
10077 - Bound Tree Medical 85490208 Battery Charger for LUCAS 2
Paid by Check
# 105425
09/17/2024 09/30/2024 09/30/2024 10/04/2024 1,999.26
Account 6400.100 - Material & Suppl CSA 74 Funded Totals Invoice Transactions 1 $1,999.26 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 377.93
10416 - Monterey County Petroleum-Sturdy
Oil Co.
0256631-IN City Fuel Diesel Paid by Check
# 105445
09/18/2024 09/30/2024 09/30/2024 10/04/2024 1,857.31
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 2 $2,235.24 Account 6400.739 - Material & Suppl Special Dept Exp-Fire Prevent 10795 - Alert-All Corporation 224090689 Custom Marina Fire Stick on Badge, 2500
total
Paid by EFT #
5197
09/25/2024 10/02/2024 10/02/2024 10/04/2024 437.00
Account 6400.739 - Material & Suppl Special Dept Exp-Fire Prevent Totals Invoice Transactions 1 $437.00 Account 6400.795 - Material & Suppl Turnout Equip-Structure Fires 10323 - L.N. Curtis & Sons INV850177 Turnouts for K. Gibson & J. Abraham
Paid by EFT #
5209
07/31/2024 09/23/2024 09/23/2024 10/04/2024 10,588.51
Account 6400.795 - Material & Suppl Turnout Equip-Structure Fires Totals Invoice Transactions 1 $10,588.51 Account 6600.455 - Other Charges Leased Parking
12070 - Open Road Investors, LLC 10-02-24 Parking Rental Fees Paid by Check # 105452
10/02/2024 10/02/2024 10/02/2024 10/04/2024 400.00
Account 6600.455 - Other Charges Leased Parking Totals Invoice Transactions 1 $400.00 Account 6700.130 - Capital Outlay Vehicles
10967 - Monterey Signs, Inc. 25389 Die-Cut Vinyl lettering for unit 5402
Paid by EFT #
5211
09/26/2024 09/30/2024 09/30/2024 10/04/2024 261.56
Account 6700.130 - Capital Outlay Vehicles Totals Invoice Transactions 1 $261.56 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 16 $26,006.26 Division 000 - Non-Div Totals Invoice Transactions 16 $26,006.26 Department 250 - Fire Totals Invoice Transactions 16 $26,006.26 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 7 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
7 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 089498 City Hall Paid by Check # 105419
09/25/2024 10/01/2024 10/01/2024 10/04/2024 4.59
10728 - Ace Hardware-Public Works 089486 Facilities Paid by Check # 105419
09/24/2024 10/01/2024 10/01/2024 10/04/2024 13.09
10728 - Ace Hardware-Public Works 089470 Community Center Paid by Check # 105419
09/23/2024 10/01/2024 10/01/2024 10/04/2024 68.75
10728 - Ace Hardware-Public Works 089501 VD Women's Restroom Paid by Check # 105419
09/25/2024 10/01/2024 10/01/2024 10/04/2024 5.45
10728 - Ace Hardware-Public Works 089466 Community Center Paid by Check # 105419
09/20/2024 10/01/2024 10/01/2024 10/04/2024 102.66
10728 - Ace Hardware-Public Works 089464 Community Center Paid by Check # 105419
09/20/2024 10/01/2024 10/01/2024 10/04/2024 12.82
10728 - Ace Hardware-Public Works 089434 Public Safety Building Paid by Check # 105419
09/18/2024 10/01/2024 10/01/2024 10/04/2024 28.38
10728 - Ace Hardware-Public Works 089435 Community Center Paid by Check # 105419
09/18/2024 10/01/2024 10/01/2024 10/04/2024 80.78
10728 - Ace Hardware-Public Works 089421 Community Center Paid by Check # 105419
09/17/2024 10/01/2024 10/01/2024 10/04/2024 22.44
10728 - Ace Hardware-Public Works 089483 VD Park Path Repair Paid by Check # 105419
09/24/2024 10/01/2024 10/01/2024 10/04/2024 81.87
10728 - Ace Hardware-Public Works 089509 Cleaner for Tools Paid by Check # 105419
09/26/2024 10/01/2024 10/01/2024 10/04/2024 36.02
10080 - Branch's Janitorial 228824 Custodial Services for September 2024
Paid by EFT #
5200
09/27/2024 09/30/2024 09/30/2024 10/04/2024 2,886.35
10181 - Dave's Repair Service 37568 April-August Reports Paid by Check # 105432
09/25/2024 09/30/2024 09/30/2024 10/04/2024 135.00
10237 - Ferguson Enterprise , Inc. # 1423 5436047 Community Center Paid by Check # 105436
09/23/2024 09/30/2024 09/30/2024 10/04/2024 332.48
10237 - Ferguson Enterprise , Inc. # 1423 5432447 Supplies Paid by Check # 105436
09/20/2024 10/01/2024 10/01/2024 10/04/2024 622.55
10239 - First Alarm 844845 2660 5th Ave Corp
Yard
Paid by EFT #
5205
09/15/2024 09/30/2024 09/30/2024 10/04/2024 376.56
10275 - Home Depot Credit Service Sept 2024 5
9813
Home Depot (6035
3225 0395 9813)
Paid by Check
# 105438
09/13/2024 09/30/2024 09/30/2024 10/04/2024 243.40
10035 - Ruth Maria Milla-Leon/Andersen's
Lock & Safe, Inc.
1791920243 3200 Del Monte Ave Paid by EFT #
5213
09/27/2024 09/22/2024 09/22/2024 10/04/2024 223.65
10538 - Sherwin-Williams 3687-2 Locke Paddon Park Paid by Check # 105458
09/26/2024 10/01/2024 10/01/2024 10/04/2024 364.85
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 19 $5,641.69 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 8 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.075 - Maint & Repairs Bdg Teen Center
10275 - Home Depot Credit Service Sept 2024 5
9813
Home Depot (6035
3225 0395 9813)
Paid by Check
# 105438
09/13/2024 09/30/2024 09/30/2024 10/04/2024 2,726.86
Account 6360.075 - Maint & Repairs Bdg Teen Center Totals Invoice Transactions 1 $2,726.86 Account 6360.440 - Maint & Repairs Landscape General
10368 - Martin's Irrigation Supply 663080 Rubber Repair Kit Paid by Check # 105441
09/18/2024 10/01/2024 10/01/2024 10/04/2024 43.70
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $43.70 Account 6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
4164236 Perc Ponds Paid by Check
# 105447
09/19/2024 10/01/2024 10/01/2024 10/04/2024 67.76
10427 - Monterey Regional Waste
Management District
4164651 Perc Ponds Paid by Check
# 105447
09/19/2024 10/01/2024 10/01/2024 10/04/2024 56.21
10427 - Monterey Regional Waste
Management District
4164515 Perc ponds Paid by Check
# 105447
09/19/2024 10/01/2024 10/01/2024 10/04/2024 84.70
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 3 $208.67 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 188.95
10416 - Monterey County Petroleum-Sturdy
Oil Co.
0256631-IN City Fuel Diesel Paid by Check
# 105445
09/18/2024 09/30/2024 09/30/2024 10/04/2024 914.79
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 2 $1,103.74 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110552575 PW Uniforms Paid by Check
# 105466
09/27/2024 09/30/2024 09/30/2024 10/04/2024 189.90
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $189.90 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 27 $9,914.56 Division 311 - Buildings & Grounds Totals Invoice Transactions 27 $9,914.56 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10728 - Ace Hardware-Public Works 089497 PW Equipment Paid by Check # 105419
09/25/2024 10/01/2024 10/01/2024 10/04/2024 6.10
12098 - DETROIT INDUSTRIAL TOOL,
INC./MARED INDUSTRIES INC
601280 Diamond Blades Paid by Check
# 105434
09/17/2024 09/22/2024 09/22/2024 10/04/2024 435.96
10428 - Monterey Tire Service 1-120451 Parks Paid by Check # 105448
09/23/2024 10/01/2024 10/01/2024 10/04/2024 864.62
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-084809 PD Paid by Check
# 105449
09/25/2024 10/01/2024 10/01/2024 10/04/2024 833.44
Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 9 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10403 - NAPA Auto Parts - former Monterey
Auto Supply
4006-083522 PW Paid by Check
# 105449
09/19/2024 10/01/2024 10/01/2024 10/04/2024 304.72
10403 - NAPA Auto Parts - former Monterey
Auto Supply
085316 FD Paid by Check
# 105449
09/27/2024 10/01/2024 10/01/2024 10/04/2024 232.93
10403 - NAPA Auto Parts - former Monterey
Auto Supply
082858 PD Paid by Check
# 105449
09/16/2024 10/01/2024 10/01/2024 10/04/2024 375.69
10403 - NAPA Auto Parts - former Monterey
Auto Supply
084843 Parks Paid by Check
# 105449
09/25/2024 10/01/2024 10/01/2024 10/04/2024 8.07
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 8 $3,061.53 Account 6360.850 - Maint & Repairs Vehicle
10527 - Safety-Kleen Corp. 95250695 2660 5th Ave Corp
Yard
Paid by Check
# 105456
09/07/2024 09/22/2024 09/22/2024 10/04/2024 277.34
10528 - Salinas Valley Ford 52744 PD Paid by Check
# 105457
08/20/2024 10/01/2024 10/01/2024 10/04/2024 87.07
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $364.41 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $3,425.94 Division 313 - Vehicle Maint Totals Invoice Transactions 10 $3,425.94 Department 310 - Public Works Totals Invoice Transactions 37 $13,340.50 Department 410 - Planning
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.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 125.98
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $125.98 Account 6400.352 - Material & Suppl IT - Software (non-capitalize) 10046 - ARC (Former San Jose Blue) 12600336 Plotter Lease September 2024
Paid by Check
# 105421
09/20/2024 09/30/2024 09/30/2024 10/04/2024 355.15
Account 6400.352 - Material & Suppl IT - Software (non-capitalize) Totals Invoice Transactions 1 $355.15 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $481.13 Division 000 - Non-Div Totals Invoice Transactions 2 $481.13 Department 410 - Planning Totals Invoice Transactions 2 $481.13 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 57906 Sea Haven Inspections
Phase 4
Paid by EFT #
5204
09/12/2024 09/30/2024 09/30/2024 10/04/2024 10,260.00
Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 10 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 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 57905 Sea Haven Inspection
Phase 3B
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 9,405.00
Account 6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check Totals Invoice Transactions 2 $19,665.00 Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection 10171 - CSG Consultants 57884 Permits/Development Paid by EFT # 5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 15,228.00
10171 - CSG Consultants 57888 PWD Services Paid by EFT # 5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 33,048.00
10171 - CSG Consultants 57908 Sea Haven Phase 5A
Inspection
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 513.00
Account 6300.180 - Prof Svc Eng Svc- Rev Funded Inspection Totals Invoice Transactions 3 $48,789.00 Account 6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants 11412 Dunes Phase 1B
Promenade
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 11,412.00
10171 - CSG Consultants 57896 Dunes Phase 3 North Paid by EFT # 5204
09/12/2024 09/30/2024 09/30/2024 10/04/2024 24,197.00
10171 - CSG Consultants 57910 USA Properties BMR
Site 2
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 855.00
10171 - CSG Consultants 57911 Via Del Mar Subdivision
(3220 Abdy Way)
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 2,394.00
10171 - CSG Consultants 57890 Dunes Hilltop Park
Inspections
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 2,679.00
10171 - CSG Consultants 57891 Dunes Op Site 1A Paid by EFT # 5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 456.00
10171 - CSG Consultants 57893 Dunes Phase 2 West Paid by EFT # 5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 2,736.00
10171 - CSG Consultants 57894 Dunes Phase 2 East
Inspections
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 2,109.00
10171 - CSG Consultants 57895 Dunes Phase 2 West
Inspections
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 4,602.00
10171 - CSG Consultants 57898 Promenade/Phase 1B
(Mislabeled as 3 South)
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 197.00
10171 - CSG Consultants 57899 Dunes Promenade 1B
Inspections
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 855.00
10189 - Denise Duffy & Associates 9386 Hilltop Park Paid by Check # 105433
08/25/2024 09/30/2024 09/30/2024 10/04/2024 6,806.80
Account 6330.200 - Fee Agr Costs - Engineering Totals Invoice Transactions 12 $59,298.80 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 11 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6500.700 - Training & Travel Training & Travel
11918 - Michaelle Mowery 09-27-24 Reimbursement for
Training
Paid by Check
# 105443
09/27/2024 09/22/2024 09/22/2024 10/04/2024 161.00
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 1 $161.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 18 $127,913.80 Division 000 - Non-Div Totals Invoice Transactions 18 $127,913.80 Department 420 - Engineering Totals Invoice Transactions 18 $127,913.80 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 24041666 B24-0005810 741 Neeson Rd Bldg 527
Paid by EFT #
5201
09/24/2024 10/02/2024 10/02/2024 10/04/2024 177.63
10171 - CSG Consultants 57907 Sea Haven Phase 4
Map/Plan Review
Paid by EFT #
5204
09/12/2024 09/27/2024 09/27/2024 10/04/2024 912.00
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 2 $1,089.63 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9974215995 Verizon Wireless
(972476364-00001)
Paid by EFT #
5214
09/18/2024 09/27/2024 09/27/2024 10/04/2024 141.62
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $141.62 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $1,231.25 Division 000 - Non-Div Totals Invoice Transactions 3 $1,231.25 Department 430 - Building Inspection Totals Invoice Transactions 3 $1,231.25 Department 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.170 - Prof Svc Econ Development -Banner
11910 - Sierra Installations Inc. 24098 City Banner Change out from Summer
fall/winter
Paid by Check
# 105459
09/04/2024 09/24/2024 09/24/2024 10/04/2024 2,700.00
Account 6300.170 - Prof Svc Econ Development -Banner Totals Invoice Transactions 1 $2,700.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,700.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,700.00 Department 440 - Economic Dev Totals Invoice Transactions 1 $2,700.00 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 12 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 314.94
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $314.94 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $314.94 Division 100 - Admin Totals Invoice Transactions 1 $314.94 Department 510 - Recreation & Culture Totals Invoice Transactions 1 $314.94 Fund 100 - General Fund Totals Invoice Transactions 130 $212,423.29 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 13 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
13 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.780 - Maint & Repairs Traffic Signals
10159 - Consolidated Electrical Distributors,
Inc
4914-1047118 Photocontrol Paid by Check
# 105431
08/27/2024 10/01/2024 10/01/2024 10/04/2024 295.24
10159 - Consolidated Electrical Distributors,
Inc
4914-1047424 Photo Control Paid by Check
# 105431
09/04/2024 10/01/2024 10/01/2024 10/04/2024 660.92
10159 - Consolidated Electrical Distributors,
Inc
4914-1047796 Fuseholder Paid by Check
# 105431
09/09/2024 10/01/2024 10/01/2024 10/04/2024 97.87
10159 - Consolidated Electrical Distributors,
Inc
4914-1048189 Electronic Photo
Control Button
Paid by Check
# 105431
09/16/2024 10/01/2024 10/01/2024 10/04/2024 57.66
10159 - Consolidated Electrical Distributors,
Inc
4914-1048266 Outlet and Receptacle
Street Lights
Paid by Check
# 105431
09/17/2024 10/01/2024 10/01/2024 10/04/2024 3.30
Account 6360.780 - Maint & Repairs Traffic Signals Totals Invoice Transactions 5 $1,114.99 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9974215995 Verizon Wireless
(972476364-00001)
Paid by EFT #
5214
09/18/2024 09/27/2024 09/27/2024 10/04/2024 649.84
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $649.84 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 362-
9 PG&E - 5996678362-9 Paid by Check
# 105453
09/18/2024 10/02/2024 10/02/2024 10/04/2024 173.10
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $173.10 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Sept 2024 56
021
Reservation Rd/by 290-
308 Reservation
Paid by Check
# 105440
09/12/2024 09/22/2024 09/22/2024 10/04/2024 65.06
10349 - Marina Coast Water District Sept 2024 56
022
Reser/Marina Auto
Stereo/Irrigation
Paid by Check
# 105440
09/12/2024 09/30/2024 09/30/2024 10/04/2024 65.06
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 2 $130.12 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 188.96
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $188.96 Account 6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra 9696351
092124
Corp Yard Paid by Check
# 105460
09/21/2024 09/27/2024 09/27/2024 10/04/2024 234.80
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $234.80 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110552576 PW Shop Items Paid by Check
# 105466
09/27/2024 09/30/2024 09/30/2024 10/04/2024 73.51
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $73.51 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $2,565.32 Division 000 - Non-Div Totals Invoice Transactions 12 $2,565.32 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 14 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
14 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 Totals Invoice Transactions 12 $2,565.32 Fund 220 - Gas Tax Totals Invoice Transactions 12 $2,565.32 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 15 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
15 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
11884 - National Construction Rentals, Inc. 7567006 2nd Ave & 8th Street Fencing
Paid by Check
# 105450
09/11/2024 09/22/2024 09/22/2024 10/04/2024 363.12
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $363.12 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $363.12 Division 000 - Non-Div Totals Invoice Transactions 1 $363.12 Department 000 - Non-Dept Totals Invoice Transactions 1 $363.12 Fund 223 - FORA Dissolution Totals Invoice Transactions 1 $363.12 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 16 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
16 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11847 - BKF Engineers 24091078 Marina Pavement
Management Program
Paid by Check
# 105424
09/20/2024 09/27/2024 09/27/2024 10/04/2024 4,578.00
11847 - BKF Engineers 24091077 Design Services Slurry
Seal Street
Paid by Check
# 105424
09/20/2024 09/27/2024 09/27/2024 10/04/2024 151.00
11847 - BKF Engineers 24080849 Marina Pavement
Management Program
Paid by Check
# 105424
08/22/2024 09/30/2024 09/30/2024 10/04/2024 3,827.50
11847 - BKF Engineers 24080852 Design Services Slurry
Seal Street
Paid by Check
# 105424
08/22/2024 09/30/2024 09/30/2024 10/04/2024 697.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 4 $9,253.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $9,253.50 Division 000 - Non-Div Totals Invoice Transactions 4 $9,253.50 Department 000 - Non-Dept Totals Invoice Transactions 4 $9,253.50 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 4 $9,253.50 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 17 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
17 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
10425 - Monterey Peninsula Engineering 24-07-22 Equestrian Center Upgrade RV Utilities
Paid by Check
# 105446
08/20/2024 09/27/2024 09/27/2024 10/04/2024 22,710.26
10171 - CSG Consultants 57912 Carmel Ave Drainage
Improvements
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 130.00
10171 - CSG Consultants 57913 Marina Dr Drainage
Improvements
Paid by EFT #
5204
09/12/2024 09/22/2024 09/22/2024 10/04/2024 2,830.00
10425 - Monterey Peninsula Engineering 24-07-23 RET Equestrian Center Upgrade RV Utilities
Paid by Check
# 105446
09/12/2024 09/27/2024 09/27/2024 10/04/2024 1,195.28
11489 - Wallace Group, Inc. 63252 Sea Haven City Park Paid by Check # 105467
09/23/2024 09/27/2024 09/27/2024 10/04/2024 557.94
11489 - Wallace Group, Inc. 63185 Salinas Ave Widening Paid by Check # 105467
09/23/2024 09/27/2024 09/27/2024 10/04/2024 4,916.25
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 6 $32,339.73 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $32,339.73 Division 000 - Non-Div Totals Invoice Transactions 6 $32,339.73 Department 000 - Non-Dept Totals Invoice Transactions 6 $32,339.73 Fund 462 - City Capital Projects Totals Invoice Transactions 6 $32,339.73 Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 18 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
18 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.050 - Maint & Repairs Building
10239 - First Alarm 828963 721 Neeson Rd Bldg
533 Alarm Service Call
Charge
Paid by EFT #
5205
06/20/2024 10/01/2024 10/01/2024 10/04/2024 891.25
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 1 $891.25 Account 6360.360 - Maint & Repairs Janitorial
10034 - American Supply Co. 3040913 Airport cleaning
supplies for BJS
Paid by Check
# 105420
09/09/2024 10/10/2024 09/10/2024 10/04/2024 1,759.96
10080 - Branch's Janitorial 228812 Janitorial Service - Police/Fire/Airport
August 2024
Paid by EFT #
5200
08/27/2024 09/27/2024 09/27/2024 10/04/2024 410.00
10080 - Branch's Janitorial 228825 Janitorial Service - Police/Fire/Airport
September 2024
Paid by EFT #
5200
09/27/2024 09/27/2024 09/27/2024 10/04/2024 410.00
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 3 $2,579.96 Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 9974215995 Verizon Wireless
(972476364-00001)
Paid by EFT #
5214
09/18/2024 09/27/2024 09/27/2024 10/04/2024 23.06
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $23.06 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 851-
0 PGE (3440977851-0) Paid by Check
# 105453
09/13/2024 09/30/2024 10/01/2024 10/04/2024 217.80
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $217.80 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
0255567-IN City Fuel Enthanol Paid by Check
# 105445
09/24/2024 09/30/2024 09/30/2024 10/04/2024 188.96
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $188.96 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $3,901.03 Division 000 - Non-Div Totals Invoice Transactions 7 $3,901.03 Department 000 - Non-Dept Totals Invoice Transactions 7 $3,901.03 Fund 555 - Marina Airport Totals Invoice Transactions 7 $3,901.03 Grand Totals Invoice Transactions 160 $260,845.99
Run by Melanie Hernandez on 10/03/2024 12:53:36 PM Page 19 of 19 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
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 110 - City Council
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.630 - Other Charges Promotional Activities 10083 - Delgado, Bruce 10-07-24 Reimbursement for
Purchases
Paid by Check
# 105484
10/08/2024 10/08/2024 10/08/2024 10/11/2024 646.10
Account 6600.630 - Other Charges Promotional Activities Totals Invoice Transactions 1 $646.10 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $646.10 Division 000 - Non-Div Totals Invoice Transactions 1 $646.10 Department 110 - City Council Totals Invoice Transactions 1 $646.10 Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11717 - Universal Background Screening -
Pluto Acquisition
202304023118 Background - Credit
Check
Paid by Check
# 105508
04/30/2023 09/27/2024 09/27/2024 10/11/2024 12.96
11717 - Universal Background Screening -
Pluto Acquisition
202212023118 Background - Credit
Check
Paid by Check
# 105508
12/31/2022 09/27/2024 09/27/2024 10/11/2024 12.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 2 $24.96 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 389020104001 Office Supplies Paid by Check # 105498
10/01/2024 10/01/2024 10/01/2024 10/11/2024 296.69
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $296.69 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $321.65 Division 000 - Non-Div Totals Invoice Transactions 3 $321.65 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 3 $321.65 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 12134 IT Support - September 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 11,400.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $11,400.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services 12137 Veeam 0365 Backup & Glacier Storage- Oct-
Dec 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 385.00
10897 - TechRx Technology Services 12136 Ninite Subscription - October 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 112.50
10897 - TechRx Technology Services 12135 Amazon Glacier - October 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 380.00
10897 - TechRx Technology Services 12138 Veeam Subscription - October 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 380.00
Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 1 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
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 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10905 - Taygeta Scientific, Inc. 000423-R-0070 Computer Network Defense - October
2024
Paid by Check
# 105505
10/01/2024 10/01/2024 10/01/2024 10/11/2024 2,750.00
10905 - Taygeta Scientific, Inc. 000708-R-0043 Barracuda Spam Firewall - October 2024
Paid by Check
# 105505
10/01/2024 10/01/2024 10/01/2024 10/11/2024 475.80
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 6 $4,483.30 Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10897 - TechRx Technology Services 12123 Server Room Upgrades Paid by EFT # 5227
09/30/2024 10/07/2024 10/07/2024 10/11/2024 4,731.95
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 1 $4,731.95 Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services 12139 Citywide MS Office 365 - October 2024
Paid by EFT #
5227
10/01/2024 10/07/2024 10/07/2024 10/11/2024 2,665.20
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade Totals Invoice Transactions 1 $2,665.20 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $23,280.45 Division 000 - Non-Div Totals Invoice Transactions 9 $23,280.45 Department 125 - I. T. Totals Invoice Transactions 9 $23,280.45 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.215 - Prof Svc Fin - Audit
11476 - Chavan & Associates LLP C&A-18225-Add Audit Service Paid by Check # 105480
04/18/2024 10/04/2024 10/04/2024 10/11/2024 3,000.00
Account 6300.215 - Prof Svc Fin - Audit Totals Invoice Transactions 1 $3,000.00 Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 24-20 Service 9/23-10/03/24 Paid by EFT # 5226
10/04/2024 10/09/2024 10/09/2024 10/11/2024 1,211.25
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $1,211.25 Account 6600.490 - Other Charges Membership Prof Orgs
10254 - Government Finance Officers
Association-GFOA
3098590 Accounting for Capital
Assets Second
Edition/GAAFR 2024
Edition
Paid by Check
# 105488
09/23/2024 10/09/2024 10/09/2024 10/11/2024 277.73
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 1 $277.73 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $4,488.98 Division 000 - Non-Div Totals Invoice Transactions 3 $4,488.98 Department 130 - Finance Totals Invoice Transactions 3 $4,488.98 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 2 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
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 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10588 - United Site Services INV-4838864 Beach Rd & Deforest Rd Windy Hill Park
Paid by Check
# 105507
10/03/2024 10/03/2024 10/03/2024 10/11/2024 450.35
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $450.35 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000022354360 CALNET3-9391023466 (384-8477)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 59.29
10758 - AT & T CALNET3 000022354357 CALNET3-9391023463 (384-7854)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 30.42
10758 - AT & T CALNET3 000022354333 CALNET3-9391023441 (384-0888)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 30.42
10758 - AT & T CALNET3 000022354332 CALNET3-9391023440 (384-0860)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 30.44
10758 - AT & T CALNET3 000022354362 CALNET3-9391023468 (384-9148)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 30.42
10758 - AT & T CALNET3 000022354329 CALNET3-9391023437 (384-0425)
Paid by Check
# 105475
09/28/2024 10/09/2024 10/09/2024 10/11/2024 59.29
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 6 $240.28 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 105500
09/25/2024 10/09/2024 10/09/2024 10/11/2024 7,328.33
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $7,328.33 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 389734727001 20 Case of Copier Paper
Paid by Check
# 105498
10/01/2024 10/09/2024 10/09/2024 10/11/2024 1,166.57
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $1,166.57 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 8-641-01810 Shipping Charges -
BMR Housing Program
Paid by Check
# 105486
10/04/2024 10/09/2024 10/09/2024 10/11/2024 41.17
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $41.17 Account 6600.452 - Other Charges Leased Copier
10592 - U.S. Bank Equipment Finance-
USbancorp
539138297 CDD Copier Lease
Payment - October
2024
Paid by Check
# 105506
09/29/2024 10/01/2024 10/01/2024 10/11/2024 225.06
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $225.06 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $9,451.76 Division 000 - Non-Div Totals Invoice Transactions 11 $9,451.76 Department 190 - Citywide Non-Dept Totals Invoice Transactions 11 $9,451.76 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 3 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
22 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12065 - Hasco Stations, LLC INV-147126 Car Wash Paid by Check # 105491
09/30/2024 10/03/2024 10/03/2024 10/11/2024 102.00
12065 - Hasco Stations, LLC 135998 Car Wash Paid by Check # 105491
07/15/2024 10/07/2024 10/07/2024 10/11/2024 85.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $187.00 Account 6360.342 - Maint & Repairs IT - System Annual Maint 11131 - Online Solutions LLC - Citizenserve 5760 User Subscription 09/16/24 - 10/14/2025
Paid by Check
# 105499
09/24/2024 10/03/2024 10/03/2024 10/11/2024 1,619.18
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 1 $1,619.18 Account 6360.570 - Maint & Repairs Other Svc Agr
11698 - Crossroads Software, Inc. 7811 Marina PD - Annual Maintenance and
Support
Paid by Check
# 105483
10/01/2024 10/03/2024 10/03/2024 10/11/2024 3,900.00
10592 - U.S. Bank Equipment Finance-
USbancorp
529976532 Contract Pmt 05/20/24
- 06/20/24
Paid by Check
# 105506
05/27/2024 10/08/2024 10/08/2024 10/11/2024 1,346.39
10592 - U.S. Bank Equipment Finance-
USbancorp
532307196 Contract pmt 06/20/24
- 07/20/24
Paid by Check
# 105506
06/26/2024 10/08/2024 10/08/2024 10/11/2024 1,346.39
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 3 $6,592.78 Account 6380.150 - Utilities Comm Phone System
10053 - AT & T Sept 2024 0676 Acc # 325820676 Paid by Check # 105474
09/13/2024 10/03/2024 10/03/2024 10/11/2024 158.11
10053 - AT & T Aug 2024 0676 Acct # 325820676 Paid by Check # 105474
08/13/2024 10/03/2024 10/03/2024 10/11/2024 168.21
10053 - AT & T Oct 2024 428 0 Acct #
24813472754280
Paid by Check
# 105474
10/01/2024 10/08/2024 10/08/2024 10/11/2024 17.20
10758 - AT & T CALNET3 0022012065 Acct # 9391023478 Paid by Check # 105475
07/15/2024 10/03/2024 10/03/2024 10/11/2024 57.87
10758 - AT & T CALNET3 0021271615 Acct # 9391023478 Paid by Check # 105475
02/15/2024 10/03/2024 10/03/2024 10/11/2024 57.15
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 5 $458.54 Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 12129 PD: 1 yr Adobe License - Desiree Matadama
Paid by EFT #
5227
09/29/2024 10/07/2024 10/07/2024 10/11/2024 241.92
10897 - TechRx Technology Services 12107 Tech supplies Paid by EFT # 5227
09/30/2024 10/07/2024 10/07/2024 10/11/2024 836.83
10897 - TechRx Technology Services 12116 Tech supplies and services
Paid by EFT #
5227
09/30/2024 10/07/2024 10/07/2024 10/11/2024 202.08
10897 - TechRx Technology Services 12118 Tech supplies Paid by EFT # 5227
09/30/2024 10/07/2024 10/07/2024 10/11/2024 1,166.63
Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 4 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 12140 Tech supplies Paid by EFT # 5227
10/31/2024 10/07/2024 10/07/2024 10/11/2024 2,499.35
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 5 $4,946.81 Account 6500.620 - Training & Travel POST
12102 - Cassady Elischer - reimbursement
only
10-14-24 Elischer CIT Academy
Per Diem
Paid by Check
# 105479
10/08/2024 10/08/2024 10/08/2024 10/11/2024 50.00
12103 - Drew Gibson - reimbursement only 10-14-24 Gibson CIT Academy Per Diem
Paid by Check
# 105485
10/08/2024 10/08/2024 10/08/2024 10/11/2024 50.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 2 $100.00 Account 6600.400 - Other Charges - Fees
10592 - U.S. Bank Equipment Finance-
USbancorp
532307196 Contract pmt 06/20/24
- 07/20/24
Paid by Check
# 105506
06/26/2024 10/08/2024 10/08/2024 10/11/2024 228.10
Account 6600.400 - Other Charges - Fees Totals Invoice Transactions 1 $228.10 Account 6600.485 - Other Charges Medical Svc - Investigations 10445 - Natividad Medical Center 08-05-24 Blood Alcohol Testing - Paid by Check # 105497
08/05/2024 08/07/2024 06/30/2024 10/11/2024 124.00
Account 6600.485 - Other Charges Medical Svc - Investigations Totals Invoice Transactions 1 $124.00 Account 6600.850 - Other Charges K9 / Animal Supplies & Vet Svc 10899 - Monterey County Animal Services Oct 2024 5750 Animal Services: 1st Qt FY 2024-25
Paid by Check
# 105495
10/04/2024 10/07/2024 10/07/2024 10/11/2024 5,195.00
Account 6600.850 - Other Charges K9 / Animal Supplies & Vet Svc Totals Invoice Transactions 1 $5,195.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 21 $19,451.41 Division 000 - Non-Div Totals Invoice Transactions 21 $19,451.41 Department 210 - Police Totals Invoice Transactions 21 $19,451.41 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.800 - Material & Suppl Uniform
10309 - Salinas Valley Pro Squad 41428 Alterations on class A uniform for A. Prado
Paid by Check
# 105503
09/26/2024 10/04/2024 10/04/2024 10/11/2024 44.99
10309 - Salinas Valley Pro Squad 41427 Alterations on class A uniform for D. McCoun
Paid by Check
# 105503
09/26/2024 10/04/2024 10/04/2024 10/11/2024 90.00
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $134.99 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $134.99 Division 000 - Non-Div Totals Invoice Transactions 2 $134.99 Department 250 - Fire Totals Invoice Transactions 2 $134.99 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 5 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10005 - A-1 Sweeping Service Sept 2024 Sept Street Sweeping Paid by Check # 105473
09/30/2024 10/03/2024 10/03/2024 10/11/2024 7,315.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $7,315.00 Account 6360.065 - Maint & Repairs Bdg NonFlagship
10250 - Gavilan Pest Control 0164960 190 Seaside Circle Gophers
Paid by Check
# 105487
09/30/2024 10/03/2024 10/03/2024 10/11/2024 300.00
10250 - Gavilan Pest Control 0165132 Glorya Jean Tate Park Gophers
Paid by Check
# 105487
09/30/2024 10/03/2024 10/03/2024 10/11/2024 300.00
10250 - Gavilan Pest Control 0165024 Preston Park Paid by Check # 105487
09/30/2024 10/03/2024 10/03/2024 10/11/2024 330.00
10250 - Gavilan Pest Control 0164961 3126 Shoemaker
Rodents
Paid by Check
# 105487
09/27/2024 10/03/2024 10/03/2024 10/11/2024 80.00
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 4 $1,010.00 Account 6360.690 - Maint & Repairs Supplies
10083 - Delgado, Bruce 10-07-24 Reimbursement for
Purchases
Paid by Check
# 105484
10/08/2024 10/08/2024 10/08/2024 10/11/2024 94.95
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 1 $94.95 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Sept 2024 56-
099
9th Street West of 2nd
Ave
Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 223.14
10349 - Marina Coast Water District Sept 2024 56-
100
9th Street Irrigation
Parcels L&M
Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 595.44
10349 - Marina Coast Water District Sept 2024 56-
102
9th St & 4th Ave Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 144.31
10349 - Marina Coast Water District Sept 2024 56-
103
2840 Fifth Ave Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 139.81
10349 - Marina Coast Water District Sept 2024 56-
105
2660 5th Ave Corp
Yard Hydrant Meter
Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 123.00
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 5 $1,225.70 Account 6400.737 - Material & Suppl Tools & Equip
11968 - Safetequip, Inc. 104922 PPE Paid by Check
# 105502
09/28/2024 10/02/2024 10/02/2024 10/11/2024 729.57
Account 6400.737 - Material & Suppl Tools & Equip Totals Invoice Transactions 1 $729.57 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110557094 PW Uniforms Paid by Check
# 105509
10/04/2024 10/03/2024 10/03/2024 10/11/2024 184.53
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $184.53 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 13 $10,559.75 Division 311 - Buildings & Grounds Totals Invoice Transactions 13 $10,559.75 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 6 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
25 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
10065 - Ben's Motorcycle Works 8194 2016 BMW PD Paid by Check # 105512
09/24/2024 10/03/2024 10/03/2024 10/11/2024 453.47
10065 - Ben's Motorcycle Works 8189 2016 BMW PD Paid by Check # 105512
09/19/2024 10/03/2024 10/03/2024 10/11/2024 1,985.23
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 2 $2,438.70 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $2,438.70 Division 313 - Vehicle Maint Totals Invoice Transactions 2 $2,438.70 Department 310 - Public Works Totals Invoice Transactions 15 $12,998.45 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.100 - Fee Agr Costs - Planning
10171 - CSG Consultants 58309 Marina Station Paid by EFT # 5218
10/08/2024 10/09/2024 10/09/2024 10/11/2024 20,016.00
10508 - Regional Government Services 17143 Marina Dunes Misc June 24
Paid by EFT #
5225
06/30/2024 10/03/2024 10/03/2024 10/11/2024 4,324.98
10508 - Regional Government Services 17144 Harvey Gas Station June 2024
Paid by EFT #
5225
06/30/2024 10/07/2024 10/07/2024 10/11/2024 1,199.10
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 3 $25,540.08 Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services 12120 Intern Laptop Paid by EFT # 5227
09/30/2024 10/07/2024 10/07/2024 10/11/2024 1,224.54
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 1 $1,224.54 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $26,764.62 Division 000 - Non-Div Totals Invoice Transactions 4 $26,764.62 Department 410 - Planning Totals Invoice Transactions 4 $26,764.62 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6370.540 - Shared Svc NPDES Contribution
10533 - Save The Whales 3/Year 11 Storm Water Public
Education Program (FY
2023-2024)
Paid by Check
# 105504
10/01/2024 10/04/2024 10/04/2024 10/11/2024 65,759.15
Account 6370.540 - Shared Svc NPDES Contribution Totals Invoice Transactions 1 $65,759.15 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $65,759.15 Division 000 - Non-Div Totals Invoice Transactions 1 $65,759.15 Department 420 - Engineering Totals Invoice Transactions 1 $65,759.15 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 7 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
26 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 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.
614408 Restaurant Guide
Disbursement -
November 2024
Paid by EFT #
5217
10/01/2024 10/01/2024 10/01/2024 10/11/2024 329.52
Account 6600.630 - Other Charges Promotional Activities Totals Invoice Transactions 1 $329.52 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $329.52 Division 000 - Non-Div Totals Invoice Transactions 1 $329.52 Department 440 - Economic Dev Totals Invoice Transactions 1 $329.52 Fund 100 - General Fund Totals Invoice Transactions 71 $163,627.08 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 8 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
27 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
FBN5155710 Lease
Payment/October 24
Paid by EFT #
5219
10/04/2024 10/07/2024 10/07/2024 10/11/2024 27,423.61
Account 6600.450 - Other Charges Leases & Rents Totals Invoice Transactions 1 $27,423.61 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $27,423.61 Division 000 - Non-Div Totals Invoice Transactions 1 $27,423.61 Department 000 - Non-Dept Totals Invoice Transactions 1 $27,423.61 Fund 110 - Vehicle and Equipment Totals Invoice Transactions 1 $27,423.61 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 9 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
28 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 6360.780 - Maint & Repairs Traffic Signals
10159 - Consolidated Electrical Distributors,
Inc
4914-1048225 HPS Lamp Street Lights Paid by Check
# 105482
09/20/2024 10/02/2024 10/02/2024 10/11/2024 629.72
10159 - Consolidated Electrical Distributors,
Inc
4914-1048441 Electronic Photo
Control Button
Fuseholder
Paid by Check
# 105482
09/24/2024 10/02/2024 10/02/2024 10/11/2024 288.31
10159 - Consolidated Electrical Distributors,
Inc
4914-1048461 Fuseholder Paid by Check
# 105482
09/27/2024 10/02/2024 10/02/2024 10/11/2024 242.67
Account 6360.780 - Maint & Repairs Traffic Signals Totals Invoice Transactions 3 $1,160.70 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 483-
6 PG&E - 3982644483-6 Paid by Check
# 105500
09/19/2024 10/02/2024 10/02/2024 10/11/2024 16,854.36
10463 - Pacific Gas & Electric Sept 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 105500
09/25/2024 10/09/2024 10/09/2024 10/11/2024 980.03
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 2 $17,834.39 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District Sept 2024 56-
095
2nd Ave Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 223.14
10349 - Marina Coast Water District Sept 2024 56-
104
2850 5th Ave Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 72.89
10349 - Marina Coast Water District Sept 2024 56-
036
2nd Ave/Divarty &
Intergarrison
Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 223.14
10349 - Marina Coast Water District Sept 2024 56-
037
2nd Ave Paid by Check
# 105493
09/30/2024 10/02/2024 10/02/2024 10/11/2024 223.14
10349 - Marina Coast Water District Sept 2024 56
049
Imjin Rd
(Irrigation/Backflow
Accts)
Paid by Check
# 105493
09/30/2024 10/03/2024 10/03/2024 10/11/2024 213.14
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 5 $955.45 Account 6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction 2184150 Granitepatch Paid by EFT # 5221
09/30/2024 10/03/2024 10/03/2024 10/11/2024 1,135.94
10261 - Graniterock/Pavex Construction 2184151 Monterey Peninsula Building Materials
Paid by EFT #
5221
09/30/2024 10/03/2024 10/03/2024 10/11/2024 496.84
Account 6400.750 - Material & Suppl Street Material (non-capitalize) Totals Invoice Transactions 2 $1,632.78 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110557095 PW Supplies Paid by Check
# 105509
10/04/2024 10/03/2024 10/03/2024 10/11/2024 73.51
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $73.51 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 13 $21,656.83 Division 000 - Non-Div Totals Invoice Transactions 13 $21,656.83 Department 000 - Non-Dept Totals Invoice Transactions 13 $21,656.83 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 10 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
29 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 Totals Invoice Transactions 13 $21,656.83 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 11 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
30 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 223 - FORA Dissolution
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11489 - Wallace Group, Inc. 63298 Program Management Paid by Check # 105510
09/24/2024 09/30/2024 09/30/2024 10/11/2024 18,392.29
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $18,392.29 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $18,392.29 Division 000 - Non-Div Totals Invoice Transactions 1 $18,392.29 Department 000 - Non-Dept Totals Invoice Transactions 1 $18,392.29 Fund 223 - FORA Dissolution Totals Invoice Transactions 1 $18,392.29 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 12 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
31 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 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 105500
09/25/2024 10/09/2024 10/09/2024 10/11/2024 10.14
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.14 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10.14 Division 000 - Non-Div Totals Invoice Transactions 1 $10.14 Department 000 - Non-Dept Totals Invoice Transactions 1 $10.14 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 1 $10.14 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 13 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
32 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric Sept 2024 313-
6 PG&E 6793435313-6 Paid by Check
# 105500
09/25/2024 10/09/2024 10/09/2024 10/11/2024 9.85
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9.85 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $9.85 Division 000 - Non-Div Totals Invoice Transactions 1 $9.85 Department 000 - Non-Dept Totals Invoice Transactions 1 $9.85 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $9.85 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 14 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
33 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 6360.700 - Maint & Repairs Roadways
10005 - A-1 Sweeping Service 9/9/24 Dunes Sweeper
September 2024
Paid by Check
# 105473
09/09/2024 10/03/2024 10/03/2024 10/11/2024 440.00
Account 6360.700 - Maint & Repairs Roadways Totals Invoice Transactions 1 $440.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $440.00 Division 000 - Non-Div Totals Invoice Transactions 1 $440.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $440.00 Fund 252 - CFD - Dunes No. 2015-1 Totals Invoice Transactions 1 $440.00 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 15 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
34 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11847 - BKF Engineers 24080851 Residential Streets
Reconstruction
Paid by Check
# 105476
08/22/2024 10/01/2024 10/01/2024 10/11/2024 10,284.50
11847 - BKF Engineers 24091083 Residential Streets
Reconstruction
Paid by Check
# 105476
09/20/2024 10/01/2024 10/01/2024 10/11/2024 84,194.10
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $94,478.60 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $94,478.60 Division 000 - Non-Div Totals Invoice Transactions 2 $94,478.60 Department 000 - Non-Dept Totals Invoice Transactions 2 $94,478.60 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 2 $94,478.60 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 16 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
35 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
10268 - Harris & Associates 64332 Imjin Parkway
Improvement Plan
Paid by Check
# 105490
09/06/2024 10/01/2024 10/01/2024 10/11/2024 90,053.10
10316 - Kimley-Horn & Associates 28830781 Imjin Parkway PS&E Paid by Check # 105492
07/31/2024 10/01/2024 10/01/2024 10/11/2024 20,879.50
10425 - Monterey Peninsula Engineering 07-02 14 Imjin Parkway Widening Project
Paid by Check
# 105511
08/23/2024 10/02/2024 10/02/2024 10/11/2024 924,476.49
12014 - Pueblo Construction, Inc. 240101-4 Vince DiMaggio Park Building Floor
Replacement
Paid by Check
# 105501
09/16/2024 10/01/2024 10/01/2024 10/11/2024 105,907.72
11762 - Raimi + Associates, Inc 24-6564 Marina General Plan and Zoning Code
Update
Paid by EFT #
5224
09/26/2024 09/30/2024 09/30/2024 10/11/2024 28,348.51
11489 - Wallace Group, Inc. 63018 Del Monte Medians Paid by Check # 105510
08/21/2024 09/30/2024 09/30/2024 10/11/2024 13,781.88
11489 - Wallace Group, Inc. 63253 Del Monte Medians Paid by Check # 105510
09/23/2024 09/30/2024 09/30/2024 10/11/2024 15,499.94
11489 - Wallace Group, Inc. 63298 Program Management Paid by Check # 105510
09/24/2024 09/30/2024 09/30/2024 10/11/2024 18,866.30
10831 - Kompan, Inc. INV125694 Community Park Site
Amenities
Paid by EFT #
5222
09/06/2024 10/03/2024 10/03/2024 10/11/2024 4,998.02
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 9 $1,222,811.46 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $1,222,811.46 Division 000 - Non-Div Totals Invoice Transactions 9 $1,222,811.46 Department 000 - Non-Dept Totals Invoice Transactions 9 $1,222,811.46 Fund 462 - City Capital Projects Totals Invoice Transactions 9 $1,222,811.46 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 17 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
36 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.025 - Prof Svc Airport Master Plan
10150 - Coffman Associates 19GS04-21 Marina Pen & Ink
Update- Amendment 4
Paid by Check
# 105481
09/30/2024 10/30/2024 10/07/2024 10/11/2024 2,626.00
Account 6300.025 - Prof Svc Airport Master Plan Totals Invoice Transactions 1 $2,626.00 Account 6300.570 - Prof Svc Other
10588 - United Site Services INV-4824943 781 Neeson Rd (North Tarmac)
Paid by Check
# 105507
09/30/2024 10/30/2024 10/05/2024 10/11/2024 424.95
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $424.95 Account 6360.050 - Maint & Repairs Building
10239 - First Alarm 843167 3200 Imjin Inspection,
Monitoring Testing
Paid by EFT #
5220
09/15/2024 10/15/2024 10/08/2024 10/11/2024 293.04
10239 - First Alarm 844846 761 Neeson Rd Bldg
524- Monitoring Service
Paid by EFT #
5220
09/15/2024 10/15/2024 10/08/2024 10/11/2024 128.22
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 2 $421.26 Account 6360.566 - Maint & Repairs Other Equipment
10264 - Green Rubber-Kennedy AG S-787585 781 Neeson Rd Paid by Check # 105489
09/24/2024 10/02/2024 10/02/2024 10/11/2024 242.49
Account 6360.566 - Maint & Repairs Other Equipment Totals Invoice Transactions 1 $242.49 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000022354335 Fire Alarms Hangar 524 & 533 (9391023443)
Paid by Check
# 105475
09/28/2024 11/04/2024 10/08/2024 10/11/2024 59.29
10758 - AT & T CALNET3 000022354336 Fire Alarms Hangar 524 & 533 (9391023444)
Paid by Check
# 105475
09/28/2024 11/04/2024 10/08/2024 10/11/2024 59.29
10758 - AT & T CALNET3 000022354341 AWOS-Auto Weather
Service (9391023449)
Paid by Check
# 105475
09/28/2024 11/04/2024 10/08/2024 10/11/2024 32.39
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 3 $150.97 Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0148 781 Neeson Rd (13-
000148)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 64.30
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0149 791 Neeson Rd (13-
000149)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 38.70
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0153 771 Neeson Rd (13-
000153)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/05/2024 10/11/2024 3,900.00
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0157 721 Neeson Rd (13-
000157)
Paid by Check
# 105496
10/05/2024 10/05/2024 10/05/2024 10/11/2024 257.20
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0158 711 Neeson Rd (13-
000158)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 64.30
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0159 761 Neeson Rd (13-
000159)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 295.90
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0144 3200 Imjin Rd (13-
000144)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 38.70
Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 18 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
37 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
10432 - Monterey One Water - former
MRWPCA
Sept 2024 0145 3260 Imjin Rd (13-
000145)
Paid by Check
# 105496
09/30/2024 10/24/2024 10/08/2024 10/11/2024 64.30
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 8 $4,723.40 Account 6600.452 - Other Charges Leased Copier
11451 - Monterey Bay Office Products - US
Bank
539638601 Airport Copier Lease
October
Paid by Check
# 105494
10/05/2024 11/05/2024 10/05/2024 10/11/2024 94.85
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $94.85 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 17 $8,683.92 Division 000 - Non-Div Totals Invoice Transactions 17 $8,683.92 Department 000 - Non-Dept Totals Invoice Transactions 17 $8,683.92 Fund 555 - Marina Airport Totals Invoice Transactions 17 $8,683.92 Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 19 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
38 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 557 - Abrams B NonProfit Corp
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.215 - Prof Svc Fin - Audit
11476 - Chavan & Associates LLP C&A-18225-Add Audit Service Paid by Check # 105480
04/18/2024 10/04/2024 10/04/2024 10/11/2024 1,500.00
Account 6300.215 - Prof Svc Fin - Audit Totals Invoice Transactions 1 $1,500.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $1,500.00 Division 000 - Non-Div Totals Invoice Transactions 1 $1,500.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $1,500.00 Fund 557 - Abrams B NonProfit Corp Totals Invoice Transactions 1 $1,500.00 Grand Totals Invoice Transactions 118 $1,559,033.78
Run by Melanie Hernandez on 10/10/2024 12:17:55 PM Page 20 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 10/11/24 - 10/11/24
39 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 6650.010 - ROPS #10-Financial, RE Advisory Svc
10315 - Keyser Marston Associates 0039122 September 2024 Prof.

Service
Paid by EFT #
108
10/02/2024 10/02/2024 10/02/2024 10/04/2024 1,580.00
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc Totals Invoice Transactions 1 $1,580.00 Account 6650.015 - ROPS #15- Website Hosting Services
10143 - Civicplus 318165-SA Quarterly Website
Hosting and Support
Paid by EFT #
107
10/01/2024 10/01/2024 10/01/2024 10/04/2024 458.68
Account 6650.015 - ROPS #15- Website Hosting Services Totals Invoice Transactions 1 $458.68 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $2,038.68 Division 000 - Non-Div Totals Invoice Transactions 2 $2,038.68 Department 000 - Non-Dept Totals Invoice Transactions 2 $2,038.68 Fund 758 - Successor Agency Oblig Retiremt Totals Invoice Transactions 2 $2,038.68 Grand Totals Invoice Transactions 2 $2,038.68
Run by Melanie Hernandez on 10/03/2024 12:19:23 PM Page 1 of 1 Accounts Payable by G/L Distribution Report
Payment Date Range 10/04/24 - 10/04/24
40 Agenda Item: 10b(1)
City Council Meeting of
October 15, 2024
,

MINUTES
Tuesday, October 1, 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
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 Pro-Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS:

4. CLOSED SESSION:
a. Conference with Legal Counsel: Anticipated Litigation (Govt. Code § 54956.9(d)(4)), 1 case. Based on existing facts and circumstances, the City Council has decided to initiate or is deciding whether to initiate litigation. b. Conference with Legal Counsel, Existing Litigation (Govt. Code § 54956.9(d)(1)) 3 case(s):
(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.
1 MINUTES for City Council Meeting of Tuesday, October 1, 2024 Page 2

b. (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
c. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: APN 031-251-005
Negotiating Party: TBD
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
City Attorney reported out Closed Session: Council met on the three items listed for Closed Session and there was no reportable action taken.

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

6. SPECIAL PRESENTATIONS:
a. Code Enforcement Officer Appreciation Week
b. Breast Cancer Awareness Month
c. Interim Inc Presentation

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Fire Chief McCoun – Showed Council and the public a special Marina Fire Department Breast Cancer t -shirt that will be sold during the Marina Fire Department Open House on October 8 th from 4:00-7:00pm at 208 Palm Avenue . Proceeds from the sale of the t -shirts will go directly to the Breast cancer Assistance group of Monterey County. • Recreation Director Willer – Announced starting next week will be the MPUSD School Fall Break, the youth s grade K -5th can be dropped off at the Marina Teen Center at 8:00am and can be picked up at the Marina Youth Center by 6:00 pm. T he Teen Center will be opened from 2:00-6:00pm for teens. Current October events: October 24 th-December 10 th is the Youth Indoor Hockey League. On October 27 th will be our Howl -O-Ween event at Vince DiMaggio Park from 11:00am -2:00PM for those who like to dress -up their dogs . On October 31st is Fright Night for the Youths and Teens. Youth Fright Night is from 6:00 -8:00 pm at the Community Center and the Teen Fright Night is from 6:30 -9:30 pm at the Los Arboles Upper Field.
• Mayor Pro Tem Visscher – Announced October 19th and 20th and October 26th and 27th the Marina Equestrian Center will have its Haunted House from Noon-5:00pm. • Council Member McAdams – Commented on the street slurry project and informed the public they can contact the Public Works department by emailing [email protected] and to go to city’s website to view the pavement management plan where the streets are listed in alphabetical order and what street is being done. Announced free Covid test are being given out and delivered by the USPS. To get your go to: www.covidtests.gov . • Mayor Delgado – Commented on the 39 streets that had been slurry -sealed. Announced on October 12 th at the Marina Library is the next Dad’s Read event from 10:00am -Noon; on October 13th will be the monthly volunteer clean-up along Lapis Road and Del Monte from 10:00am-Noon.
2 MINUTES for City Council Meeting of Tuesday, October 1, 2024 Page 3

Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration. • Kathy Biala, speaking as member of the public – Showed pictures of the current state of the city’s facilities and urged a yes vote on Measure U.
• Mia Nguyen – Commented on the renewal of the Museum Handcar Technology’s lease and what the city has done to help support this business going forward. Commented on the pictures presented by Kathy Biala. Asked what other options are available is the bond does not pass.

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

3 MINUTES for City Council Meeting of Tuesday, October 1, 2024 Page 4

g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024 -108, awarding a construction contract for the City of Marina Buildings Blight Removal 2024 Project to Randazzo Enterprises of Castroville, CA for the total base bid in the amount of $1,273,647.00; and authorizing the City Manager to execute contract documents, subject to final review and approval by the City Attorney; and authorizing the City Manager or designee to expend up to an additional 10% of the contract amount for potential construction contingencies and to execute all construction change orders on behalf of the City. (Not a Project under CEQA per Article 20, Section 15378) h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Council Member McCarthy made comments on agenda item 10f(1) Mayor Pro Tem Visscher noted a typo on agenda item 10b(1), page 4 under 14b changing can to can’t.

Council Member McAdams made comments on agenda item 10f(1).

Mayor Delgado made comments on agenda item 10g(1)
BIALA/DEGADO: TO APPROVE THE CONSENT AGENDA. 5-0-0-0 Motion Passes

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Receive briefing by Felipe Melchor, ReG en on Odor Study and other matters. (30-Minutes)
Public Comments:
• Greg Simmons – Commented on the presentation by GM Melchor and stated the orders have been active since 2016. Noted prior management of the ReGen kept passing the buck saying it was not their problem. Pleased to hear the study positively identified 3 odor resources. 4 MINUTES for City Council Meeting of Tuesday, October 1, 2024 Page 5

Noted in the last 2 years the odors have gone down some. Commented on the propose contract with Keith Day Company.
• Grace Silva -Santella – Stated she had filed many complaints over the years regarding the odors and agrees they have become much better. MBARD has been very responsive to the calls coming in. Concerned about a 25 -year lease and believes with the building out of Marina Station a 10–15-year lease would be better.

b. Adopting Resolution No. 2024 -, receiving a presentation for the Del Monte Boulevard & Reservation Road Intersection Improvements Project ; and providing input and approval of final concept design ; and authorizing Call for Bids for the Del Monte Boulevard & Reservation Road Operational & Safety Improvements Project. (30-Minutes)
Public Comments:
• Grace Silva-Santella – Hoped to have an in -person workshop at the Bill Ring Corner to help people get a better understanding of what’s proposed here. Doesn’t understand how the road diet that’s happening further south, why it’s going back to 4-lanes when reaching Reservation and Del Monte. The righthand lane by Bill Ring Circle is challenging when turning onto Del Monte. Spoke about wheelchair timing at Reservation/Del Monte and asked about making the island more aesthetically pleasing and making it a safe place if those who can’t make it all the way acr oss the road. A sked for an e xplanation of the ADA Plan. Existing flashing pedestrian crossing is not sufficient.
• Jeff Markham – Concerned about the lighting area and lane markings around the train tracks, people really can't see when they start queuing up into the lanes. Asked about the maintenance of the striping

Council provided input on: No Right -turn on Red; corner blisters, bike capacity lane at stoplights; remove the dash /Green bike stripping and make them solid, going into the blisters bring revisions to the Public Works Commission and TAMC Bicycle and Pedestrian Committee; look at the streetlights on the 2 western corners of Del Monte and come back and show you what it looks like at nighttime and safety islands
c. Adopting Resolution No. 2024 -109, approving a Professional Services Agreement with EMC Planning Group, Inc. (EMC) for the preparation of a phased vegetation removal and maintenance plan (Phase I) and long -range management plan (Phase II) for Locke -Paddon Park (LPP). Vegetation removal and management includes permitting and regulatory compliance and consistency with the Monterey Peninsula Regional Parks District’s (District) LPP Master Plan. (15-Minutes)
Public Comments:
• Grace Silva -Santella – really excited we're moving forward with this and thank you very much. Hopes we get a yes, from you all
• Jeff Markham – Thanked staff for acting on this m atter of the cleanup of the overgrowth o f vegetation at Locke Pa ddon. State this was the #1 concern of the citizen report give to council in August. In favor of approving this agreement. A sked about the choice of using EMC and their expertise in this area. Commented on th e scope of work outlined and asked if it was specific to the pond itself, or whether that was the overall park maintenance plan. 5 MINUTES for City Council Meeting of Tuesday, October 1, 2024 Page 6

BIALA/MCCARTHY: TO ADOPT RESOLUTION NO. 2024 -109, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH EMC PLANNING GROUP, INC. (EMC) FOR THE PREPARATION OF A PHASED VEGETATION REMOVAL AND

MAINTENANCE PLAN (PHASE I) AND LONG -RANGE MANAGEMENT PLAN (PHASE II) FOR LOCKE -PADDON PARK (LPP). VEGETATION REMOVAL AND

MANAGEMENT INCLUDES PERMITTING AND REGULATORY COMPLIANCE

AND CONSISTENCY WITH THE MONTEREY PENINSULA REGIONAL PARKS DISTRICT’S (DISTRICT) LPP MASTER PLAN; AUTHORIZE THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES;

AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON

BEHALF OF CITY WITH EMC SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY 5-0-0-0 Motion Passes
d. Receive status update on Hilltop Park. (30-Minutes)
e. Receive a brief informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023. No action is required at this time. (15- Minutes)
f. Receive update on City Infrastructure Needs. (30-Minutes)

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: The meeting adjourned at 10:23 p.m.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
6 October 9, 2024 Item No. 10f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,

APPROVING THE DESIGNATION OF A PORTION OF CITY
PROPERTIES AS SHOWN ON THE PHASE 2 WEST FINAL MAP AS 6th AND 7th STREET RIGHT OF WAY.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2024 -, approving the designation of a portion of various City properties as shown on the Phase 2 West Final Map as 6th and 7th Street Right of Way.

BACKGROUND:

At the regular meeting of November 21, 2023, the City Council adopted Resolution No. 2023 - 123, approving the Phase 2 West/Residential Final Map f or the Dunes on Monterey Bay Development Project Subdivision. This map showed the remaining areas of City Property for future right-of-way designation as “6th and 7th Street”.

ANALYSIS:

The areas to be designated as right -of-way are shown on Exhibit A . This area is part of the large City Park designated in the Dunes Specific Plan as one of the “City Recreation Public Benefit Conveyance (PBC) Parcels”. The City preliminary designs of the Park required evaluation of the dedication of 6th and 7th Street to meet the needs of traffic patterns and park services.

In evaluation of this dedication, the intended right-of-way area through City properties are in substantial conformance with the tentative map as amended as well as the project Specific Plan .

With these findings, staff is recommending the designation of a portion of City properties as City right-of-way.

FISCAL IMPACT:

There is no fiscal impact s hould the City Council approve this request . The right -of-way improvements will be funded by Development Impact Fees. Maintenance of the roadway and right of way improvements will be covered by various parties through agreements with the City that will be considered at a later date.

CEQA Findings:

The right-of-way designation is consistent with the certified Environmental Impact Report (EIR) (SCH No. 2004091167). Section 15162, Paragraph C of the CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared unless there have been substantial changes to the project.

CONCLUSION:

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

1 Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Public Works Department
City of Marina

REVIEWED/CONCUR:

____________________________
Nourdin Khayata, P.E.

Interim Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING THE DESIGNATION OF A PORTION OF CITY PROPERTIES AS SHOWN ON THE PHASE 2 WEST FINAL MAP AS 6th AND 7th STREET RIGHT OF WAY.

WHEREAS, at the regular meeting of November 21, 2023, the City Council adopted Resolution No. 2023-123, approving the Phase 2 West/Residential Final Map for the Dunes on Monterey Bay Development Project Subdivision. This map showed the remaining areas of City Property for future right-of-way designation as “6th and 7th Street”, and;

WHEREAS, the areas to be designated as right -of-way are shown on Exhibit A. This area is part of the large City Park designated in the Dunes Specific Plan as one of the “City Recreation Public Benefit Conveyance (PBC) Parcels”. The City preliminary designs of the Park required evaluation of the dedication of 6 th and 7 th Street to meet the needs of traffic patterns and park services, and;

WHEREAS, in evaluation of this dedication, the intended right -of-way area through City properties are in substantial conformance with the tentative map as amended as well as the project Specific Plan. With these findings, staff is recommending the designation of a portion of City properties as City right-of-way, and;

WHEREAS, there is no fiscal impact should the City Council approve this request. The right -of- way improvements will be funded by Development Impact Fees. Maintenance of the roadway and right of way improvements will be covered by various parties through agreements with the City that will be considered at a later date, and;

WHEREAS, the right-of-way designation is consistent with the certified Environmental Impact Report (EIR) (SCH No. 2004091167). Section 15162, Paragraph C of the CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared unless there have been substantial changes to the project.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby approve the designation of a portion of various City properties as shown on the Phase 2 West Final Map as 6th and 7th Street Right of Way.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 15th day of October 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, City Clerk
3 T:\Monterey Projects\3140\SURVEY\LEGAL DESC\Phase 2W\6th-7th St\3140 Legal Desc - 6th-7th ROW Designation.docx

LEGAL DESCRIPTION

RIGHT-OF-WAY DESIGNATION OVER A PORTION OF
PARCEL TWO, VOLUME 23 OF SURVEYS, PAGE 106
Certain real property situate in the former Fort Ord Military Reservation in the City of Marina, County of Monterey, State of California, being a portion of Parcel Two as said parcel is shown on the map filed for record June 30, 2000 in Volume 23 of Surveys at Page 106 in the office of the County Recorder of said county, described as follows:

The Southerly 119.92 feet of said Parcel Two, as measured perpendicular to the southerly line thereof.

Excepting therefrom the easterly 80.00 feet thereof, being that portion lying within the “80 foot wide easement for future road purposes” as shown on said map.

Containing 1.886 acres, more or less.

As shown on the plat attached hereto and made a part hereof.

END OF DESCRIPTION
PREPARED BY:

WHITSON ENGINEERS
______________________________ 8/21/2024____
RICHARD P. WEBER, LS DATE
L.S. No. 8002
Job No.: 3140.33

EXHIBIT A TO

STAFF REPORT
4 PARCEL TWO
VOL. 23 SUR. PG. 106 "80 FOOT WIDE EASEMENT
FOR FUTURE ROAD PURPOSES"SHOWN ON VOL. 23 SUR. PG. 106

MONUMENTED

CENTERLINE OF
2ND AVENUE

EAST LINE OF

PARCEL TWO,
23-SUR-106
PORTION OF LOT 18,
23 - C&T - 36 TO BE

DEDICATED SEPARATELY
FUTURE 142'-WIDE RIGHT-OF WAYFOR SAND DUNE AVENUE AND

OCEAN BLUFF AVENUE

MONUMENTED

CENTERLINE OF
2ND AVENUE
2ND AVENUE
PROJECT No.:

T:\Monterey Projects\3140\SURVEY\LEGAL DESC\Phase 2W\6th-7th St\3140 PLAT - 6th-7th ROW.dwg Civil Engineering +
Land Surveying
6 Harris Court
Monterey, CA 93940
831.649.5225
whitsonengineers.com
3140.33

PLAT TO ACCOMPANY DESCRIPTION

MARINA, CALIFORNIA
6TH / 7TH STREET RIGHT-OF-WAY DESIGNATION
8/21/2024
OVER A PORTION OF PARCEL TWO, VOL. 23 SUR. PG. 106
LEGEND

PROPERTY BOUNDARIES

DESCRIBED AREA
R1 VOL. 23 SUR. PG. 106
EI N E
S
ON
W
E
N
I TH S
G R
5 October 10, 2024 Item No. 10f(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,

ACCEPTING THE DEDICATION OF P UBLIC IMPROVEMENTS AS

SHOWN ON THE APPROVED DUNES (FORMERLY UNIVERSITY

VILLAGE) IMPROVEMENT PLANS AND FINAL MAP FOR
RESIDENTIAL PHASE 2 EAST (NOT INCLUDING HILLTOP PARK) ,

AUTHORIZING THE CITY CLERK TO RELEASE BOND SECURITIES ,

ACCEPT A WARRANTY BOND, AND RECORD ACCEPTANCE WITH
THE MONTEREY COUNTY RECORDER’S OFFICE

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 24-, accepting the dedication of Public Improvements as shown on the approved Dunes (Formerly University Village) Improvement Plans and Final Map for Residential Phase 2 East (not including Hilltop Park);

2. Authorize the City Clerk to release bond securities, accept a warranty bond, and record acceptance with Monterey County Recorder’s Office.

BACKGROUND:

At the regular meeting of February 2, 2021 , the City Council adopted Resolution No. 2021-06, approving the Residential Phase 2 East Final Map for The Dunes on Monterey Bay Development Project Subdivision. At the same meeting , City Council adopted Resolution No. 2021-05, approving the Public Improvement Agreement for the residential public improvements.

The Final Map of Tract No. 1550, recorded in the Monterey County Recorders Office in Volume 24 of Cities and Towns, at page 73 specifies the dedications for public use as part of the Owner’s Statement (“ EXHIBIT A ”). Streets dedicated to the City on this map include portions of 4th Avenue, 8th Street, 9th Street, Beacon Court, Beacon Drive, Bungalow Court, California Avenue, Catwalk Court, Kitetail Lane, Sandy Gulch Drive, Skyview Drive, Telegraph Boulevard, T1depool Lane, and Wharf Terrace.

The Marina Community Partners (MCP), the subdivider, has filed with the City Clerk a Faithful Performance bond and a Labor and Materials bond each in the amount of $5,820,000.

ANALYSIS:

The Improvements required by the improvement plans entitled “ The Dunes on Monterey Bay Phase 2 East Improvement Plans” (“Improvement Plans”), and approved by the City Engineer on December 18, 2020 , were completed by MCP in substantial conformance with the approved Improvement Plans for the project . Hilltop Park Improvements were not included in the Improvement Plans for Phase 2 East Residential and are not included in this acceptance.

The Public Improvement Agreement states that a Guarantee and Warranty period will remain for one year after acceptance of the Improvements by the City Council. 1 Therefore, a request is being made by MCP to release all of the Faithful Performance bond. A new bond of 10% of the original Performance bond ($582,000) for public improvements in Phase 2 East will remain with the City Clerk as the Guarantee and Warranty Security for one (1) year after acceptance. Any repairs required during the Guarantee and Warranty period will be made by MCP, or the costs w ill be recovered from said bond . After the Warranty period, maintenance responsibilities for streetlights, sidewalks, pavement, and stormwater improvements will be covered by the City and financed through the established Community Facilities District.

FISCAL IMPACT:

The fiscal impacts for maintenance of these improvements after the warranty period have been captured in the Community Facilities District, Dunes 2015-01.

CEQA Findings:

The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

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 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

ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS AS SHOWN ON

APPROVED DUNES (FORMERLY UNIVERSITY VILLAGE) IMPROVEMENT PLANS AND FINAL MAP FOR RESIDENTIAL PHASE 2 EAST (NOT

INCLUDING HILLTOP PARK), AUTHORIZING CITY CLERK TO RELEASE

BOND SECURITIES, ACCEPTING A WARRANTY BOND, AND RECORD
ACCEPTANCE WITH MONTEREY COUNTY RECORDER’S OFFICE

WHEREAS, at the regular meeting of February 2, 2021, the City Council adopted Resolution No. 2021-06, approving the Residential Phase 2 East Final Map for The Dunes on Monterey Bay Development Project Subdivision. At the same meeting, City Council adopted Resolution No. 2021-05, approving the Public Improvement Agreement for the residential public improvements, and;

WHEREAS, the Final Map of Tract No. 1550, recorded in the Monterey County Recorders Office in Volume 24 of Cities and Towns, at page 73 specifies the dedications for public use as part of the Owner’s Statement (“EXHIBIT A”). Streets dedicated to the City on this map include portions of 4th Avenue, 8 th Street, 9th Street, Beacon Court, Beacon Drive, Bungalow Court, California Avenue, Catwalk Court, Kitetail Lane, Sandy Gulch Drive, Skyview Drive, Telegraph Boulevard, T1depool Lane, and Wharf Terrace, and;

WHEREAS, the Marina Community Partners (MCP), the subdivider, has filed with the City Clerk a Faithful Performance bond and a Labor and Materials bond each in the amount of $5,820,000, and;

WHEREAS, the Improvements required by the improvement plans entitled “The Dunes on Monterey Bay Phase 2 East Improvement Plans” (“ Improvement Plans”), and approved by the City Engineer on December 18, 2020, were completed by MCP in substantial conformance with the approved Improvement Plans for the project. Hilltop Park Improvements were not included in the Improvement Plans for Phase 2 East Residential and are not included in this acceptance , and;

WHEREAS, the Public Improvement Agreement states that a Guarantee and Warranty period will remain for one year after acceptance of the Improvements by the City Council, and;

WHEREAS, therefore, a request is being made by MCP to release all of the Faithful Performance bond. A new bond of 10% of the original Performance bond ($ 582,000) for public improvements in Phase 2 East will remain with the City Clerk as the Guarantee and Warranty Security for one (1) year after acceptance. Any repairs required during the Guarantee and Warranty period will be made by MCP, or the costs will be recovered from said bond. After the Warranty period, maintenance responsibilities for streetlights, sidewalks, pavement, and stormwater improvements will be covered by the City and financed through the established Community Facilities District, and;

WHEREAS, the fiscal impacts for maintenance of these improvements after the warranty period have been captured in the Community Facilities District, Dunes 2015 -01. The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

3 Resolution No. 2024-
Page Two

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

1. Accept dedication of Public Improvements as shown on the approved Dunes (Formerly University Village) Improvement Plans and Final Map for Residential Phase 2 East (not including Hilltop Park);

2. Authorize the City Clerk to release Performance, and Labor and Materials bond securities;

3. Authorize the City Clerk to accept a warranty bond, and;

4. Authorize the City Clerk to record acceptance with Monterey County Recorder’s Office.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

4 OWNER'S STATEMENT

WE HEREBY CERTIFY THAT WE ARE THE OWERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO

THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND WE ARE THE ONLY

PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID PROPERTY, AND WE CONSENT TO

PREPARATION AND RECORDATION OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE SUBDIVISION BOUNDARY LINES.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBUC PURPOSES:
• FOR ROAD AND UTILITY PURPOSES, THOSE PORTIONS OF LAND DESIGNATED HEREON AS BEACON COURT,

BEACON DRIVE, BUNGALOW COURT, CALIFORNIA AVENUE, CATWALK COURT, KITETAIL LANE, SANDY GULCH DRIVE, SKYVIEW DRIVE, TELEGRAPH BOULEVARD, T1DEPOOL LANE, WHARF TERRACE, 4TH AVENUE, 8TH STREET, AND 9TH STREET WITHIN THE SUBDIVISION. THIS OFFER OF DEDICATION TO THE CITY OF MARINA IS IRREVOCABLE; SUBJECT TO THE RESERVATION OF THE RIGHT TO MAINTAIN LANDSCAPING, IRRIGATION AND STORM DRAIN WITHIN SAID STREETS.
• FOR OPEN SPACE PURPOSES, THOSE PORTIONS OF SAID LAND DESIGNATED HEREON AS PARCELS OS-2.2, OS-2.4, AND OS-2.5.

THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBUC PURPOSES:
• PUBUC UTILITY EASEMENTS (PUE), WHERE DESIGNATED WITHIN THE SUBDIVISION SHOWN ON THIS MAP

FOR THE CONSTRUCTION, MAINTENANCE, USE, REPLACEMENT, IMPROVEMENT, AND OPERATION OF,

SANITARY SEWERS, STORM DRAINS AND WATER PIPEUNES, GAS AND ELECTRICITY TRANSMISSION UNES,

AND TELEPHONE UNES, AND ALL THE NECESSARY APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS TO AND EGRESS FROM SAID EASEMENT.
• FOR INGRESS AND EGRESS OF EMERGENCY VEHICLES (EMERGENCY VEHICLE ACCESS EASEMENT, OR EVAE), THE AREAS DESIGNATED HEREON AS PARCELS L2.1 THROUGH L2.10, INCLUSIVE. • PUBUC UT1UTY EASEMENTS (PUE) OVER, UNDER, AND UPON THE PRIVATE STREETS DESIGNATED HEREON AS PARCELS L2.1 THROUGH L2.10, INCLUSIVE, FOR THE CONSTRUCTION, MAINTENANCE, USE AND

OPERATION OF SANITARY SEWER, STORM DRAINS AND WATER PIPEUNES, GAS AND ELECTRICITY

TRANSMISSION UNES, AND TELEPHONE UNES, AND ALL THE NECESSARY APPURTENANCES THERETO, TOGETHER WITH THE RIGHT OF INGRESS TO AND EGRESS FROM SAID EASEMENT. • STORM DRAIN EASEMENT (SDE) OVER, UNDER, AND ACROSS THE DESIGNATED AREAS AS SHOWN

HEREON, FOR PUBUC STORM DRAINAGE PURPOSES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSES OF REPAIR, REPLACEMENT, AND MAINTENANCE OF STORM DRAINAGE FACIUTIES.

UNDERGROUND PIPING ARE TO BE MAINTAINED BY THE CITY OF MARINA. SAID AREAS OF LAND ARE TO

BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES NOT SERVING THE PURPOSE OF THE EASEMENT.

THE ABOVE PUBUC USE EASEMENT DEDICATIONS SHALL INCLUDE REASONABLE RIGHT OF INGRESS AND EGRESS OVER ADJOINING LANDS WITHIN THIS SUBDIVISION.

THE AREAS DESIGNATED AS PARCELS L2.1 THROUGH L2.10, INCLUSIVE, ARE PRIVATE STREETS RETAINED BY

OWNER FOR FUTURE TRANSFER TO AN OWNERS ASSOCIATION, SUBJECT TO THE HEREINABOVE DEDICATION OF EASEMENTS FOR PUBUC PURPOSES.

PARCELS OS-2.1, OS-2.6, OS-2.7, OS-2.8, OS-2.9, OS-2.10, OS-2.11, AND OS-2.12 ARE "RESERVED AS PRIVATE OPEN SPACE" AND ARE TO BE OWNED AND MAINTAINED BY THE OWNERS ASSOCIATION.

PARCEL OS-2.3 IS TO BE RETAINED BY THE OWNER FOR FUTURE DEVELOPMENT OR TRANSFER.

WE ALSO HEREBY CREATE A PRIVATE WALKWAY EASEMENT (WE) OVER AND ACROSS THE DESIGNATED AREAS

AS SHOWN HEREON, WHICH WILL REMAIN PRIVATE AND WILL BE TRANSFERRED TO THE OWNERS ASSOCIATION AT A FUTURE DATE. THE DESIGNATED USE AND MAINTENANCE OF THESE EASEMENTS SHALL BE AS PROVIDED BY THE PROJECT COVENANTS, CONDITIONS, AND RESTRICTIONS.

WE ALSO HEREBY RELINQUISH ANY AND ALL RIGHTS OF INGRESS AND EGRESS TO

TRAFFIC (ABUTTER'S RIGHTS) ACROSS THE UNES AS SHOWN ON HEREON MAP AND DEPICTED AS

VEHICULAR
1 i 11 i I

SUBDIVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL, PLANNING

COMMISSION, AGENTS, OFFICERS AND EMPLOYEES FROM ANY CLAIM, ACTION OR PROCEEDING AGAINST THE

CITY OR ITS CITY COUNCIL, PLANNING COMMISSION, AGENTS, OFFICERS OR EMPLOYEES, TO ATTACK, SET

ASIDE, VOID OR ANNUL AN APPROVAL OF THE CITY, ITS CITY COUNCIL, PLANNING COMMISSION, OR OTHER BOARD, ADVISORY AGENCY OR LEGISLATIVE BODY CONCERNING THIS SUBDIVISION. CITY WILL PROMPTLY NOTIFY

THE SUBDIVIDER OF ANY CLAIM, ACTION OR PROCEEDING AGAINST IT AND WILL COOPERATE FULLY IN THE DEFENSE. THIS CONDITION IS IMPOSED PURSUANT TO CAUFORNIA GOVERNMENT CODE SECTION 66474.9.

OWNER: SHEA HOMES UMITED PARTNERSHIP, A CAUFORNIA UMITED PARTNERSHIP BY:

MARCEAU, AUTHORIZED AGENT
BY:

JONALD A. HOFER, AUTHORIZED AGENT
\Jol M or

OWNER'S ACKNOWLEDGEMENT

A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF )
Aw

WHO PROVED TO ME ON THE BASIS OF

COUNTY OF
ON ftWcK A \

BEFORE ME, , NOTARY PUBLIC
PERSONALLY APPEARED LpJ&yy*., fAtwcACn. I t
SATISFACTORY EVIDENCE TO BE THE PERSON($i WHOSE NAMEfSjt IS/AR^ SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/31 IC/THBY EXECUTED THE SAME IN H1S/HCR/THBR AUTHORIZED CAPACITY0ES), AND THAT BY HIS/HCR/T! IC1R SIGNATURE^ ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON^ ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND, AND OFFICIAL SEAL
SIGNA
NOTARY
COUNTY
COMMISSION EXPIRATION DATE: 3}
COMMISSION NUMBER:

NAME:

BUSINESS

OWNER'S ACKNOWLEDGEMENT

A NOTARY PUBUC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT TO THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE Of
COUNTY OF j^WtaseLe^-
ON 1

BEFORE ME, NOTARY PUBUC
PERSONALLY APPEAREPCpQn»44-A WHO PROVED TO ME ON THE BASIS OF

SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN

INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR

AUTHORIZED CAPACITIES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF W1CH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND^ND OFFICIAL SEAL

SIGNATURI
NOTARY PU!

COUNTY OF
NAME:

JNESS:

COMMISSION EXPIRATION DATE:

COMMISSION NUMBER:
&
to

DEDICATION CERTIFICATE
THE CITY OF MARINA SHALL AS REQUIRED BY CAUFORNIA GOVERNMENT CODE SECTION 66477.5 IN ITS

PRESENT FORM OR AS IT MAY FROM TIME TO TIME BE AMENDED, RECONVEY THOSE PORTIONS OF LAND

DESIGNATED HEREON AS BEACON COURT, BEACON DRIVE, BUNGALOW COURT, CAUFORNIA AVENUE, CATWALK COURT, KITETAIL LANE, SANDY GULCH DRIVE, SKYVIEW DRIVE, TELEGRAPH BOULEVARD, T1DEPOOL LANE, WHARF TERRACE, 4TH AVENUE, 8TH STREET, AND 9TH STREET WITHIN THE SUBDIVISION IN FEE FOR PUBUC

USE, TO THE SUBDIVIDER NAMED BELOW, THEIR SUCCESSORS, HEIRS OR ASSIGNEES, IF THE CITY COUNCIL OF

THE CITY OF MARINA SHOULD DETERMINE THAT THE SAME PUBUC PURPOSE FOR WHICH SAID PARCELS WERE

DEDICATED NO LONGER EXISTS OR THAT SAID PARCELS OR ANY PORTION THEREOF IS NOT NEEDED FOR PUBUC UTIUT1ES, EXCEPT FOR ALL OR ANY PORTIONS OF THE PROPERTY THAT IS STILL REQUIRED FOR THAT SAME PUBUC PURPOSE OR FOR PUBUC UT1UTIES.

SUBDIVIDERS: SHEA HOMES UMITED PARTNERSHIP
2630 SHEA CENTER DRIVE
UVERMORE, CA 94551

VICINITY MAP
SCALE: 1" = 4000'
T
L
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r*v
< % ^/MARINA O

PRESTON
PARK
% ¥/// QV
">6 *8 p\0J\n
CSUMB ^
PHASE 2 EAST <
INTEa^RR^SONRD CSUMB
EAST

GARRISON

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF t . 2021, AT V-10 A.M.. IN VOLUME ^ OF CITIES AND TOWNS, AT PAGE 13 . AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY. "Trqcn itXS&O

STEPHEN L VAGNINI

RECORDER

MONTEREY COUNTY, CAUFORNIA
BY: _

DEPUTY RECORDER
FEE; ; S JO* DOC NO. 2jozi oHO&T1
1556 TRACT NO.

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CAUFORNIA
AND CONTAINING 45.998 ACRES
DoroAom ftv*

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 1 OF 13

EXHIBIT A TO

STAFF REPORT
5 \jo^ Gk< p^-73

SIGNATURE OMISSIONS
PURSUANT TO THE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED SINCE THEIR INTEREST CANNOT RIPEN INTO A FEE.

1. THE UNITED STATES OF AMERICA, HOLDER OF MINERAL RIGHTS AND RIGHT OF SURFACE ENTRY AS

RESERVED IN THE QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA TO THE FORT ORD REUSE AUTHORITY RECORDED MARCH 15, 2004, INSTRUMENT NO. 2004023330, OFFICIAL RECORDS OF MONTEREY COUNTY AND AMENDED AND RE-RECORDED JULY 9, 2004, INSTRUMENT NO. 2004072094, OFFICIAL RECORDS OF MONTEREY COUNTY.

2. PACIFIC GAS AND ELECTRIC, EASEMENT HOLDER UNDER DOCUMENT RECORDED APRIL 17, 1997 IN REEL 3506, PAGE 1533, OFFICIAL RECORDS OF MONTEREY COUNTY.

SOILS REPORT STATEMENT
A SOILS REPORT DATED MARCH 23, 2020 PREPARED BY BERLOGAR STEVENS k ASSOCIATES HAS BEEN

SPECIFICALLY PREPARED FOR THIS SUBDIVISION AND IS ON RUE WITH THE CITY OF MARINA'S PUBLIC WORKS DEPARTMENT.

CITY ENGINEER & SURVEYOR'S STATEMENT SURVEYOR'S STATEMENT I, 8RIAN McMINN, CITY ENGINEER AND CITY SURVEYOR OF THE CITY OF MARINA, HEREBY STATE THAT I HAVE THIS MAP WAS PREPARED BY ME OR UNDER k EXAMINED THIS MAP AND AM SATISFIED THAT IT IS TECHNICALLY CORRECT; THAT THE SUBDIVISION SHOWN SURVEY IN CONFORMANCE WITH THE REQUIREMEI

HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED TENTATIVE MAP AND ANY THE REQUEST OF SHEA HOMES LIMITED PARTNE APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE CAUFORNIA "SUBDIVISION MAP ACT, HEREBY STATE THAT ALL THE MONUMENTS ARE AS AMENDED, AND THE CITY OF MARINA SUBDIVISION ORDINANCE, TITLE 16 OF THE MARINA MUNICIPAL CODE OR "WAT THEY WILL BE SET IN THOSE POSITIONS HAVE BEEN COMPLIED WITH.

BRIAN McMINN, PE 64143, PLS 8116 oFH? PJK?ER
CITY ENGINEER, CITY SURVEYOR P-LS* No* 8002
CITY OF MARINA, CAUFORNIA ~
DALE.OP
DATE: 4SVJJ- /Z , <

PUNNING COMMISSION STATEMENT
1, FRED AEGERTER, COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR, CITY OF MARINA, HEREBY STATE THAT 1 HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT

APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF, AS APPROVED BY THE CITY COUNCIL OF THE CITY OF MARINA ON MAY 31, 2005, AND SUBSEQUENT AMENDMENTS APPROVED OCTOBER 2, 2008 AND MAY 19, 2020, THAT ALL THE PROVISIONS OF THE CAUFORNIA "SUBDIVISION MAP ACT", AS AMENDED, AND THE CITY OF MARINA SUBDIVISION ORDINANCE, TITLE 16 OF THE MARINA MUNICIPAL CODE, HAVE BEEN COMPUED WITH.

FRED AEGERTER, AiCP * "

COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR

CITY OF MARINA

CITY CLERK'S STATEMENT

I, ANITA SHEPHERD-SHARP, DEPUTY CITY CLERK OF THE CITY OF MARINA, HEREBY CERTIFY THAT THE CITY COUNCIL OF SAID CITY OF MARINA APPROVED THE HEREIN MAP ON THE DAY OF FcW**-*! . 2021, AND ACCEPTS ON BEHALF OF THE PUBUC, IN FEE, SUBJECT TO IMPROVEMENTS, THOSE PORTIONS OF SAID LANDS DESIGNATED ON SAID MAP BY RESOLUTION NO. AND ACCEPTS ON

BEHALF OF THE PUBUC ALL PARCELS OFFERED FOR DEDICATION, IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION, AND ACCEPTS ALL PUBLIC EASEMENTS OFFERED FOR DEDICATION.

I FURTHER STATE THAT THE FIUNG OF THIS MAP SHALL CONSTITUTE THE ABANDONMENT OF THE EASEMENT FOR PUBUC UTIUTIES PER INSTRUMENT NO. 2020017975, OFFICIAL RECORDS OF SAID COUNTY, IN ACCORDANCE WTH PROVISION NO. 6 OF SAID INSTRUMENT AND SECTION 66434(g) OF THE SUBDIVISION MAP ACT.

BY: x

ANITA SHEPHERD-SHARP

DEPUTY CITY CLERK OF MARINA
IY DIRECTION IN JULY 2020, AND IS BASED UPON A HELD

ITS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT
*SHIP, A CAUFORNIA UMITED PARTNERSHIP, IN MAY 2020. 1 , ^ _ OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, TDArT K M 1 dZ CT ON OR 8EF0RE DECEMBER, 2022 AND THAT THE MONUMENTS | |\Mw 1 llU. | D L/ k BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY „ ^ TATIVE MAP the DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472. "NORTH AND WEST MARINA VILLAGE",
^ FILED IN VOLUME 23 CITIES & TOWNS. PAGE 36.
if \ OFFICIAL RECORDS OF MONTEREY COUNTY. CALIFORNIA
1 J AND CONTAINING 45.998 ACRES
I* \ ./'•# PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 2 OF 13
6 CITY Of MARINA
FCL A \
28 SUR 59

MONTEREY PENINSULA

COMMUNITY COLLEGE

DISTRICT

FOUND BRASS DISK IN

MON WELL WITH PUNCH
*
*
1*49 37 R=1500.00' L=47.83'
PCL B
28 SUR 59 _x

FOUND BRASS DISK IN WELL,
NO PUNCH, ON CEN1ERUNE
OF IMJIN, 0.46* EASTERLY
FROM INTERSECTION WITH \
CENTERUNE OF 3RD AVE, \
PCL 3
27 SUR
so. cA \ LOT 24
23 CAT 36
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L8
^34-03'A? O. N73*15 27 w 703.75' m(R)\&
v o. 434.15 269.60' \ Oi \ <=?
r-? £ *
\ C2 UJ tr.
z: * sfc FOUND REBAR k
CAP, "LS 7309"
•c

TELEGRAPH B L V D
L14 1x4
C13 __
PHASE 2 EAST

OVERALL BOUNDARY

45.998 ACRES
CD
z:

CO
26 0
<D- cr
<
LU
in 00 1 0 T H S T R E E T 24
O
UJ
(J) >-
< -=C U4 CO
>
26' •c 3s 3ft FOUND REBAR &
CAP. "LS 7309" AS JC, THE DUNES UJ
CD 25' WIDE P.U.E. PER
DOC# 2020017975,

TO BE ABANDONED

PER THIS MAP
ON MONTEREY BAY, Ph2 CD
•c 24 CAT 0, 44 k 46 -c
o az
<c C16 L 7 oo CL, _J
CQ
1,^ £ UJ
£ CD
TO

PARCEL N
24 CAT 46
1 K FOUND REBAR & CAP (ILLEGIBLE),
BENT, NOT HELD. TOP S17*45'E

0.27' FROM CORNER
U
UJ

68.03' CL OF 20 WIDE GAS ESMT
PER R 3506 PG 1533
UJ
CO m
•C
31' C27 128 & C29 L2S
QC
C30 C37 CO
FOUND 2" BRASS
DISK, "RCE 15310"
L31
FOUND 2 BRASS DISK, "RCE
15310", S21*51'E 0.84' FROM
CORNER. NOT HELD PER R1.
036
L35 C34
FOUND 2" BRASS DISK, "RCE 15310", HELD.

ALSO FOUND LARGE SPIKE k WASHER
STAMPED "USAGE", N37*30'E 1.02' FROM
CORNER
S65*3O'09 ffif N

FOUND CENTERUNE
MON "LS 7176"
PER 22 PM 106 CSUMB
PARCEL 5
9 SUR 15
FOUND 2" BRASS DISK,
"RCE 15310" / CITY Of MARINA
PORTION Of * MARINA
23 SUR 98
FOUND REBAR k

BROKEN CAP,
"LS 7309"
L5.9.1.1
CITY Of MARINA
(EQUESTRIAN CENTER)
PORTION Of EXCEPTION

PARCEL THREE
23 SUR 98
FOUND 3/4'IRON PIPE
W/ PLUG, "RCE 15310"
&
c^V
' N72*26'37"W(R)
Spy v\ n 3
LOT 25
23 CAT 36
09 LINE & CURVE DATA
No. DELTA/BEARING RADIUS LENGTH RECORD
LI S88*20'00"E 755.15 (R1)
L2 N0r40'00"E 119.13 119.16' (R1)
C3 15*04'33" 150.00 39.47 (R1)
L4 N16*44'33"E 1201.85 1201.97' (R1)
C5 9*31*49" 1570.00 261.15 A=9*31'06" L=260.82' (R1)
L6 S09*34'08"E 10.68 10.67* (R1)
C7 107*32'51" 46.00 86.34 (R1)
L8 S73*15'27"E 760.19 (R1)
C9 27*48'00" 186.00 90.25 (R1)
L10 S45*27'27"E 130.77 (R1)
L11 S44*32'33"W 345.13 345.03' (R1)
L12 N54*06'44"W 103.33 103.53' (R1)
C13 19*09'35" 15.00 5.02 (R1)
L14 N73*16'19"W 494.69 494.33' (R1)
L15 S16*43*41 "W 826.03 826.28' (R1)
C16 1*50'07" 2050.00 65.66 (R1)
L17 S72*39'23"E 501.61 501.89' (R1)
L18 S16*51'19"W 50.10 50.00' (R1)
L19 S72*39'23"E 54.42 54.15' (R1)

LINE & CURVE DATA
No. DELTA/BEARING RADIUS LENGTH RECORD
L20 S17*18'43"W 106.94 (R1)
C21 43*05' 11" 120.00 90.24 (R1)
L22 S25*43'07"E 100.62 (R1)
L23 S23*01'05"E 387.29 (R1)
L24 S26*54'48"E 260.87 (R1)
L25 N56*50'19"W 506.45 N56*49*36"W 506.33' (R1)
L26 N61*35'00"W 300.28 (R1)
C27 16*45*00" 300.00 87.70 (R1)
L28 N78*20'00"W 110.24 (R1)
C29 11*10'00" 750.00 146.17 (R1)
L30 N89*30'00"W 252.67 (R1)
L31 N0r40'00"E 19.79 (R1)
C32 90*00*00" 58.00 91.11 (R1)
L33 N88*20'00"W 622.91 (R1)
C34 8*50*00" 525.00 80.94 (R1)
L35 N79*30'00"W 192.82 192.89' (R1)
C36 59*34'18" 73.00 75.90 (R1)
C37 51*49*00" 37.00 33.46 (R1)
L38 N16*44'33"E 328.66 328.60' (R1)
NOTE: ALL MEASURED COURSES MATCH RECORD DATA PER R1 EXCEPT WHERE OTHERWISE INDICATED

BASIS OF BEARINGS
A BEARING OF N 16*43'41" E AS MEASURED BETWEEN

FOUND MONUMENTS ALONG THE COURSE IDENTIFIED HEREON
AS "LI 5" ON THE EASTERLY 80UNDARY OF LOT 23, AS
PER THE MAP RUED FOR RECORD IN VOLUME 23 OF CITIES
AND TOWNS AT PAGE 36, IS THE BASIS OF BEARINGS FOR
THIS MAP.

LEGEND
ft FOUND REBAR k
CAP, "LS 5321"
CITY Of MARINA

PARCEL A
29 SUR 105
(T)
(R)
(M-M)
(M-PL)
(M-CL)
®
AC
(BD)
PCL
P.U.E.

SDE
SF
(R1)

SUBDIVISION BOUNDARY

PROPERTY LINE

EASEMENT LINE

CENTERUNE

TIE UNE

RELINQUISHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY UNE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 CAT 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY
PARCEL

PUBLIC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET
VOLUME 23 CITIES A TOWNS, PAGE 36
TRACT NO. \<55b

FOUND REBAR A
CAP, "LS 7309"
CSUMB
PARCEL 5C
27 SUR 151
200 200 400
SCALE: 1" = 200'

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES <3c TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHiTSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 3 OF 13
7 8
n!o\ y\ Cmt y*> ^-3

MONTEREY PENINSULA

COMMUNITY COLLEGE DISTRICT
FARCE
28 SUR 59
r3 £
& <? K>' % <§>: $ $ A=0*0823
N< L-3.66 &
& kl A=8*05u3
L=28.22
v • •30
t-J
tY3 ^ •CT \ V &\<3> $ TN\O_ \5
4^
—. to vi»-00 01 sf* *"s| # cn
rd
CP :b* < « \K 2 cry —\
si

CL FUTURE
62' WIDE ROW
t? CT, <0 CP in N9*34'08"W

10.68'
R^46.00t>s^/+
LOT 24
VOL 23 C&T PG 36
rf oo . CM tO m C&
m CN O
& S5 • "*r
V * to •Zk "<r fo t£ I—v to
[ * r~~ <& <V t* £V 10 & 3T* Mh 4 /s ^5 N73*15 27 w 760.19'(T) UJ $74*30*11"E(R) 586.86' N73*15 27 w 173.33'
N73*15'27"W 219.33'
^3$$ SDE
* PARCEL OS-2.6
10,016 SF
N16*44'33"E 10.12'—
N73*16'19"W 154.28'
8 fO
£ 8 to * CM If) lO CO §8 to OJ CM UJ ? *53* CM 25e to IO to

BEACON COURT
N7yi5'27"W 234.33'
5 to
to CM N16*43 41 E

8.04'

61.50' 61.50'
486

20.00 oo CM LLJ

PCL J S CM

61.50 473

2.399 SF

20.00 6 .50 61.50 20.00 S ui CP o CM Lu CM X < 2,278 SF N73*16'19"W 61.50'
C75 cn 41.81' 13 o> cn CP to 487
2,597 SF
498
2,596 SF
to 499
2,594 SF
CO Q_ O cn oo to CM CM CM CM 510 CM N73*16 19 w o LU N73*16 19 w 61.50' CM CM OS CM CM CM CM CM «<r M" M" LU S8 iN73*16'19"w| <73 O UJ LxJ to UJ CM CM < ZD N73*1619 w 61.50' CM N73*1623 w 61.50' N73*16 19 w 61.50 485

2.091 SF
> -41.81'—|
4' P.U.E. -J n
S 474 8
$ 2,091 SF £
N73*16'19"W 61.50'
CL CL
UJ tu
& 62' M" to
N73*16 19 w 61.50' UJ to UJ 488
2,521 SF
to 497 8
2,521 SF r£
8 500
zz 2,521 SF
472
2,510 SF
CM M-<C CM 8 c 509 to <*r hB U. to > 31 31 UJ CO UJ 210 z CM Z 8 484 §
£ 2,091 SF 3
N73*16'19"W 61.50*1
CM
N73*16 19 w 61.82 8 475 8
3 2,091 SF $
!N73*16'19"W 61.50'
T \
OTO N73*16'19 w 61.50* N73M6 19 w 61.50* N73*1619"W 61.50' «co tO CM LU c
^ CL.

CM 4' P.U.E. —j
8 496 "g
; 2,522 SF 5
O) < ; cn uJ w in 8 471
2,597 SF
P-t *0. CM CM z: to 489 8
2,522 SF ^
501
2,521 SF
M" Q 00 o r-. CM cn >—• h- 508 CM CM CD M* CM •< - t 'LU 79 U^u
LU
>—
LU ^ OJ CO O
w CM to CM CM CM
N73*16'19"W 61.83' 209 *«r CM O r— to N73*16 19 w 61.50' H73*1619 w 61.50' N73*16 19 w 61.50' > to CM « CM UJ UJ CP 00 < to M- . to UJ to
UJ 5 to to » to to to M- bs to to "«r 470
2,783 SF
8 490 O
rr 2,522 SF 5
8 495
if 2,521 SF
502
2,521 SF
o to 10 t r> 8 482 g
^ 2,091 SF |
N73*16'19"W 61.50'
EC
2X.
8 477 8
^ 2,091 SF ^
I N73*16'19"W 61.50'
to s z; to to o to 507 to to ^ z to to z H to oo z tf> z z a- z: M-to o ^T to CM CM N73*16 19 w 61.50' N73*16'19 w 61.50' N73*1619 w 61.50 L- 4' P.U.E.

N73*1619 w 61.84' O) 4' P.U.E. --|
481 8
2,337 SF 8
o CM
203 on oo
8 478 8
^ 2,091 SF 3
| N73*16'19"W 61.50'
U- 4' P.U.E. ~
Cm 4' P.U.E. CM CM
n 491

2.522 SF
494
2,521 SF
HH M;- 503
2,521 SF
506 oo CO o in CM hB Cft 469
3,562 SF
O M- Z,dZ1 br ^
N73*16'19"W 61.50'
m-
N73*16'19"W 61.50'
PBS 8 cn 00 N73"16'19 w 61.50'
r
qS >-B O us N73*1619 w 61.50' to PB to p* + XT
r E I F „ HB QC o
IS 480 I
g.e 2,971 SF C4
A=CT47'23" S?
j L=3.09' .
. .58.41' L
<
479 f;-o
2,777 SFv! S
4' P.U.E.
2 492
o 2,645 SF
m bmU4
pH to O
493

2.644 SF
504
2,644 SF
8 P-t cn
505 < <0.6/ r^- 5 to to to
7 to pp
'06.78 CM
C2
9"/7'4?V
<6.70 20.00 61.50' 61.50' 20.00' 61.50'
4=W58'32'
on 5s ?27. N73N6 19 w 292.74'
N73,16'19"W 323.75'(T)
CT>
r*»
'00.32 H) to
8 CP CM CM
8 CM to » to 67.75' 235
234
UJ
o>
to
450
25°00' L^eoW®
TELEGRAPH BOULEVARD "»
451 i 1 i
SEE SHEET 8
462 463
LEGEND
(T)
(R)
(M-M)
(M-PL)
(M-CL)
®
AC
(BD)
EVAE
PCL
P.U.E.

SDE
SF
WE
(R1)

SUBDIVISION BOUNDARY

PROPERTY LINE

EASEMENT LINE

CENTERUNE

TIE UNE

RELINQUISHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY UNE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBUC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
VOLUME 23 CITIES & TOWNS, PAGE 36

CURVE TABLE
NO. DELTA RADIUS LENGTH
C1 SO'OO'OO" 20.00' 31.42'
02 10*17'53" 224.00' 40.26'
C3 2*53'15" 224.00' 11.29'
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.
o 1 H
40 SCALE: 1" = 40'
40 80
/6"50 TRACT NO.

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 5 OF 13
9 doi v\
SEE SHEET 7
2 I
<o
in CO |«
CM tO
m
a FUTURE 62' WIDE

RIGHT-OF-WAY
UJ
3 to

CURVE TABLE CURVE TABLE
NO. DELTA RADIUS LENGTH NO. DaTA RADIUS LENGTH
C1 5*04'20" 226.00' 20.01' 05 15*17*51" 140.00' 37.38'
C2 81*41*33" 20.00' 28.52' C6 102*31'Of 20.00' 35.79'
C3 12*46'21" 160.00' 35.67' C7 19*30'25" 160.00' 54.48' C4 6*44*04" 160.00' 18.81' C8 10*04'44" 450.00' 79.16'
LOT 24
VOL 23 C&T PG 38
N73*15'27"W 760.19'(T)
N73*15'27"W 586.86'
N73*15'27"W 586.85'

BEACON DRIVE
499
500
*n
F—
tli
Hi
I©
COKr"
HJ
Hi
w —
502
31'
8 d
m-
TO
lo
503
504
463
00 ts
HI
x S
(jj tj*
Hi
HJ
CO
465
62'
31'
w
w
> C
H

61.50'
510
2,588 SF
N73*16'19"W 61.50'
4' P.U.E. —|
§ 509 o
2,522 SF 2
N73*16'19"W 61.50'|
8 508 8
^ 2,522 SF ^
1 N73*16'19"W 61.50'
3 507 g
5: 2,522 SF 2
N73*16'19"W 61.50''
3 506 8
; 2,522 SF ^
!
N73*16'19"W 61.50'
505
2,649 SF

61.50'

20.00'
LU L;
—1 en
rt
Q- CM
LU
:<:* > tO
LU
Jo
H 5
j*
Ss rr 00
CJoi
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ro
to
5 20.00'

61.50' /

5.67 -
511
2,587 SF
N73*16'19"W 61.501
to o
CM
xT
PARCEL OS-2.9
1,412 SF
N73*15'27"W 555.85*
PARCEL OS-2.10
1,744 SF
3' WE —J
S 512 q
i 2,522 SF 3
XT
N73*16'19"W 61.50'
- j 4' P.U.E. —j
B 521 8
2,522 SF ^
[N73*16'19"W 61.50'
513 TO o
2,522 SF S3
N73*16'19"W 'H 61.50'
£8
2,522 SF
514
522
M73*16'19"W 61.50'
I 515 8
; 2,522 SF ^
N73*16'19"W 61.50'|
(— 4' P.U.E.
516
° 2,649 SF
X<-
I 61.50' >u
h

61.50'
522
2,586 SF
N73*16'19"W 61.50'i
8 <2 520
io5 2,522 SF
1 cm
^ N73*16'19"W
^ 61.50'
t to i
"82 519 \
2,521 SF ;
Wj16'19"W 61.50''
518
522 J
|N73*16'19"W 61.50*1
^ 2,522 SF ^
xr -*r
|— 3' WE
517
3 2,649 SF

5.67'

61.50'

20.00 o
- i
LU CM
Lu*2 C 2* > ^
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woo o£>

20.00'

61.50'
to o
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2,585 SF 3
N73*16'19"W 61.50'i
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3 524 8
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!N73*16'19"W 61.50'
525 gg
2,522 SF oi^ xT xT CM i
N73*16'19"W

61.50'
526
.u
fO- '
£8
X- 2,521 SF 5?
'N73*16'19"W 61.50''
8 527. 8
2,522 SF 5
I
N73*16'19"W 61.50'
|— 4' P.U.E.
528
§ 2,649 SF

61.50'
N73*16'19"W 467.97'
N73*16'19"W 498.97'
4 CM
O
CM

61.50 534
2,584 SF
N73*16'19"W 61.50'
8 4' P.U.E. —)
533 8
2,522 SF 5
N73*16'19"W 61.50'
88 532
ifoi 2,522 SF
CM
.iU. N73*16'19"W
5: 61.50' i
8S 531 \
-'z 2,522 SF -
N73*16'19"W 61.50''
530
2,521 SF
N73*16'19ly 61.50'i *2
529
2,649 SF

7.00'
As\. ...61.50'
CM.
m
CO
2L |N«,
CD uj
H 5-
°s
<2
CQ

TELEGRAPH BOULEVARD
N73*16'19"W 494.69'

FOUND REBAR &
CAP, "LS 7309"
L35.1
MCWD
PARCEL I, VOL 27 SUR PG 130
ADJUSTED PER MARINA REDEV. AGCY,
RESOLUTION 2006-31 6c 2006-32
DOCS. 200672627 <Jc 200672623
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.

LEGEND
———— SUBDIVISION BOUNDARY

PROPERTY LINE

EASEMENT LINE

CENTERUNE

TIE UNE

RELINQUISHMENT OF ABUTTERS RIGHTS
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY LINE
(M-CL) MONUMENT TO CENTERUNE
(R1) VOLUME 23 CITIES k TOWNS, PAGE 36
LOT 25
VOL 23 C&T PG 35
<§>
<o-
<0
/</
£5
Wa*3 £V 'V/i3
/ /
^Ifh,
7 /
/ % y
9°1$ CO CM
@ R=16o70CS'00,
CM
in
PARCEL OS-2.11
r~ 1,370 SF
CO
CM
4* £148
n 00
5^ 73 m 20.00' 15.68 R *134.dd
W- 4' P.U.E.

20.00 61.50
m LU
8 535
S 2,582 SF
00 UJ o* 4.77* 545
4,016 SF 4& O. rr CM
546
Uj 4,573 SF
o co to <3 e&j tO m in in in r». co N73T1619 w 61.50' LU «0 O ar < r: H/ +<r> o> CL > .. 4' WE -^-j 536 %
2,522 SF =
So*
N73*16'19 w 73.00 CM
547

2.932 SF
% LU o °0 AT/,r> r» —) UJ
a_ , CM At xr M- C4 t to w 544
3,431 SF
C? •~-i N73*16 19 w 61.50' ite tS5 LU to O L5.9.1.1

CITY OF MARINA
(EQUESTRIAN CENTER)

PORTION OF EXCEPTION

PARCEL THREE
23 SUR 93
ro Woo <£
548 u cs % 675 SF
4 v 549
. 6,321 SF
& N73*16 19 w < 537 m m Os O o 2,522 SF 73.00 a> CM
i—j u_ CO to CM I CM
in (/) r-»
N73*16 19 w 543
3,431 SF
00 d
en
8«I m CO 00 cn 61.50 p I
538 |~8
2,522 SF
CJ en r^.
1^. xf w 8 / s>* xr to S3 -X N7T16'19"W
2E—— !
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W #
P> V <v 73.00' lo CO to r>-N73*1619 w 61.50'
/ ^ /
7 ^ 7
^ 7
v 7
d 7
C /
/
/
FUTURE
26' WIDE
ROW
o 8 lo 05 542 ^
3,527 SF 5
4' P.U.E. -H
N73*16'19"W(R) 73.00'
2: to CM
h~ 4' P.U.E.

L-11.65'
kC 5.625 SF
\1«0 539 8
2,521 SF ^
Ao
£ to
Gl t» N73*16'19 w 61.50' K
541
3,751 SF g/ 5
I ^|/1
CO
00 |— 4' P.U.E.
- 540
^ 2,649 SF
**. <0 CO
SS
fs. o Or »o 8 A 551

5.072 SF
to ?o
L=45.81* \(
o xr 5.50 "O 93 xr
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CI
A=I9'09'35.
4=»-09'J5.
r=20ooo'^I88
fO/^
8 to 40 40 80
Or <0 CJ co 40 SCALE: 1 CM
<0 xr N
A-19*09 35
R=15.00'
L=5.02'
sv 7 //
s> o
£ xr
Qr

FOUND REBAR &

BROKEN CAP,
"LS 7309"
v. o>
tk 8 CM
X3
•xj
V CM
<3
AC
(BD)
EVAE
POL
P.U.E.

SDE
SF
WE

SET STANDARD STREET MONUMENT
STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT
STAMPED LS 9177, PER 24 C&T 46,
EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBUC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
TRACT NO. /6£>7)

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
ppppAorn py.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 6 OF 13
10 \io\2M CatT (*I"73

IMJIN PARKWAY
A»45'36'11" R=1430.0n' I =mq
JUj
00 rs
3/ 2 is $
A«42*5842 L=1072.67' (CL-CL)
a FUTURE 52' WIDE

RIGHT-OF-WAY
LOT 25
VOL 23 C&T PG 36
<§>
<O
* £v ro
 L\ *3
6V
OT 24
V iii i VOL C&T 23 PG 36
to CM
27*48 C-1— to 00 O '00.00
& 7? CO
Sj CN % V <5>
T CJ W % CO
ULi
O yd ULi
4) 546 <& CO
£ So ULi
LLJ
CO 547
*0 <O * 10 PARCEL L2
*K A/ 548 rs <£ £Y R>
*

SEE SHEET
25,9.1.1

CITY OF MARINA
(EQUESTRIAN CENTER)

PORTION OF EXCEPTION

PARCEL THREE
23 SUR 98

CURVE TABLE
NO. DELTA RADIUS LENGTH
C1 0*44*15" 1430.00' 18.41'
C2 1515'52* 500.00' 133.21'
C3 1 *43,23" 500.00' 15.04'
O
CI
S7 ,
hi &
•SJ So* 5v
S
>//
Or
JO
Q> ,<o
/
/
LEGEND

SUBDIVISION BOUNDARY

PROPERTY LINE

EASEMENT LINE

CENTERUNE

TIE UNE

RELINQUISHMENT OF ABUTTERS RIGHTS
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY UNE
(M-CL) MONUMENT TO CENTERUNE
(•> SET STANDARD STREET MONUMENT STAMPED LS 8002.
^ FOUND STANDARD STREET MONUMENT STAMPED LS 9177
w PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.
• FOUND MONUMENT, AS NOTED.

AC ACRES
(BD) BOUNDARY

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PCL PARCEL
P.U.E. PUBUC UTILITIES EASEMENT

SDE STORM DRAIN EASEMENT

SF SQUARE FEET

WE WALKWAY EASEMENT
(R1) VOLUME 23 CITIES 8e TOWNS, PAGE 36
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.

V S°„
40 SCALE: 1" = 40'
40 80
TRACT NO. /SSd

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES 8c TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 7 OF 13
11 235
234
233
232
231
230
229
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26.00*
8 ro - io en r-»
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SEE SHEET 5 492 j | 493
A=1*47'26"V''
| 450 L=a63W
06 7,078 SF X'
i
N73*16'19"W 99.50'
S ^'11'06m ' 41 75'
L=58.70'
1 451
^ 5,388 SF S
LO
N73*16'19"W 100.00'
8 449 o
% 4,478 SF |
N73,16'19"W 99.51'
452 "8

4.500 SF
N73'16'19*W 100.00'
8 448
^ 4,478 SF
N73*16'19"W 99.52'
8 . 453 §
;g 8 4,500 SF %
S N7T16'19*W 100.00'
8 447 g
iO 4,479 SF %
N73*16'19"W 99.54'
t!
? 454 "8
I 4,500 SF !£
N73*16'19"W 100.00'
8 446
^ 4,479 SF
N73*16'19"W 99.55'
8 455 8
52 4,500 SF in
Xf
N73*16'19"W 100.00'
8 445 8
si 5,177 SF si
: i •••. • 99.56'
456 8
5,200 SF Si
^ 1(K).00*
^j^3*58'32"
^50.00' L^9T
^3'58'32b
T&Grt'
480
. M = M , • • : i • ; il; i I HM : M : , • M = • , . • 1 , M M , =|, j Mii • • 1 i I • I • 1 » , : = , M M

TELEGRAPH BOULEVARD
N73,16*19"W 323.75'(T)
— — ® — —

67.75' J 256.00'
T
<N ITS
52'
-26' -26'
r-
CO
CO
K> to
CO -s,
S —I
N i-J 16
c o o
3 Ql
| W
2 Q
H-H
H
a K
5= <R
M- CM
v M-

99.17'
462
5,224 SF
N73*16'19"W 99.17'
N73*16'19"W 199.00'
I ! ' ! N I I ' !\m ; ; • i : ! ! I ,
8 uj 461
4,463 SF
H73'16'19aW 99.17'
8 4
460
4,463 SF
8 N73,16'19"W 99.17' ^
Ui
8 $ 8 459
to 12 4,463 SF
N73*16'19"W 99.17'
UJ
8 M" fO M*
to
8 in
458
4,463 SF
8 in
N7T16'19"W 99.17'
457
5,157 SF
: 99.17* \
N73"16'19*W 199.56'
225.57'
iM
to
CM
J_

99.83'
463
5,258 SF
N73*16'19"W 99.83'
o o
12 M"
464
4,492 SF
N73,16'19"W 99.83'
465
4,492 SF
N73*16'19*W 99.83'
8 tri
466
4,492 SF
N73*16'19"W 99.83'
467
4,492 SF
N73*16'19"W 99.8;
468
5,191 SF

99.83'

WHARF TERRACE
N73*16'19"W 199.00'
256.00'
T
"8
CM
CO N73*16'19"W 481.57'
N7yi6'19"W 450.57'
-CM
m

55.29'
8 8 444
8 4,424 SF 5
5 So
z

55.31'
427
S
UJ
4,426 SF £

55.33'

52.45'
443 uj
4,196 SF 5
"5
So

52.45'
428
4,196 SF

52.45'
8 8
£ M"
So

48.00'
8 442
3,840 SF C
5 So
z

48.00'
429
3,840 SF

48.00'

48.00'
441 r
3,840 SF 5=
5 So

48.00'
440 *•»
3,840 SF 7?
R
So

48.00'
439
3,840 SF P
N73*16'19"W 450.59'

48.00'

48.00'
8 8
430 ^
3,840 SF £
M*
"R
So

48.00'
431
3,840 SF -
R So

48.00'

48.00*
432
3,840 SF

48.00'
8 £
a?
R
to
£

48.00'
438 ®
3,840 SF
"R
So
z

48.00'
433
3,840 SF

48.00'
8 £
R
So
z

48.00'
437
3,840 SF
8 8
£
"R
So
z

48.00'
434
3,840 SF

48.00'
CO
CM

54.83'
436
4,386 SF

54.83'
435
4,386 SF
to
8 r-»
CO M-
8 M" fO M-
to
c7i
CM
tO
o o
>s
R So
8 to

28. N73*16'19"W 450.61*
N73*16'19"W ^481.62'

54.83'
1 CO
CM
CM
m 225.79'

SKYYIEW DRIVE
255.83' to
420 419 418 417 SEE SHEET 9 405 404 403
to CM
402
\la 2-W C-tr 0^-73
N73*16'19"W 494.69'
CO
I—
LU
LU
-3:

CO
LU
Lii
CO
FOUND REBAR 4c
CAP, "LS 7309"
r». to.
>
PS
E™~*
tj-
LEGEND
" SUBDIVISION BOUNDARY

PROPERTY UNE

EASEMENT UNE

CENTERUNE

TIE UNE

REUNQUISHMENT OF ABUTTERS RIGHTS
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY UNE
(M-CL) MONUMENT TO CENTERUNE
® SET STANDARD STREET MONUMENT STAMPED LS 8002.
^ FOUND STANDARD STREET MONUMENT STAMPED LS 9177
^ PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.
• FOUND MONUMENT, AS NOTED.

AC ACRES
(BD) BOUNDARY

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PCL PARCEL
P.U.E. PUBUC UTILITIES EASEMENT

SDE STORM DRAIN EASEMENT

SF SQUARE FEET

WE WALKWAY EASEMENT
(R1) VOLUME 23 CITIES & TOWNS, PAGE 36
L35.1
MCWD
PARCEL 1, VOL 27 SUR PG 130
ADJUSTED PER MARINA REDEV. AGCY,
RESOLUTION 2006-31 & 2006-32
DOCS. 200672627 3c 200672623
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.
62'
If- •31'-
©I
£
«—
to to
cn
9 to
CO
o
~ZL "K
QC
<8
UJ
CO
oS
COS
CO
<
CD
to p CD Cxi
00 40
SCALE: 1" = 40*
40 80
TRACT NO. IfSb

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES k TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES

PREPARED BY'

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 8 OF 13
12 N!O\ 1M QrC
272
271
270
269
m bj 2
ZD
-Q
UJ
re 1—.
(J
OJ —Q Cu
uj
CO <q .re o_
<r ^
uj ^ cc S O to
UJ OJ
]—•
tzz Cvi o
o
267
255

26.00'
8 oi
8 R
e
"8
o
CM
R
5 Zo
3R
uj
>>
Qi
<c
a.
427 428 429 430
SEE SHEET 8
431 432
to
2s
c\j
- m
N73*16'19"W ^481.62'
433 434 435
to
CM
225.79'
N73*16'19"W 199.80'

SKYVIEW
CM
tO
DRIVE

54.80*
£ 420
£ 5,001 SF
cr>

54.82'

45.00'
to
CM
5i
419 .uj
4,107 SF ^
to

45.00'
to
N7J16'19*W 99.82'
421
4,492 SF
N73*16'19"W 99.83'
"7
ur?
8 422
id 4,493 SF
N73*16'19"W 99.84'
8 423
4,992 SF
N73*16'19"W 99.85'
to
oi cr> CM
lO
424
5,093 SF
N73*16'19"W 99.87'
5"o
Is 2 tO
425
5,293 SF

45.00'
to
CM
oi
418 tu
4,107 SF
7 to

45.00'

55.00'
417 *3
5,019 SF oi

55.00'
N73*16'19"W 100.00'
416
4,500 SF
N73*16'19"W 100.00'
415
4,500 SF
N7J16'19"W 100.00'
in
414
4,500 SF
N73*16'19"W 100.00'
to
413
4,500 SF
N73*16'19"W 100.00'
8 in
412
5,100 SF
N73"16'19"W 100.00'
to
52'
•26'
fO
£
>5 M-to
fO M"
to
•26'
oo o
S
-s
<*fr
to
m
<3
H-f
<3
w
to
CM
255.83'
N73*16'19"W 198.83'

54.00'
"t
£
3 405
£ 5,100 SF 5?
12 M-Zo
5 54.00'

45.00'
5 £
404 uj
4,250 SF
"5
Zo

45.00'
N73*16'19"W 99.00'
406
4,455 SF
N73*16'19"W 99.00'
"7
o 407
S 4,455 SF
N73*16'19*W 99.00'
408
4,455 SF r-~
CM
N73*16'19*W 99.00' ^
8 &
409
5,346 SF
N73"16'19*W 99.00'
410
6,728 SF

45.00*
403
4,250 SF 5*
12 M-
to

45.00'

54.83'
402
5,178 SF
$
o>

54.83'
N73*16'19*W 99.83'
401
4,492 SF
N73*16'19"W 99.83'
>o
400
4,492 SF
N73*16'19"W 99.83'
to
8 399
$ 4,492 SF
N73*16'19"W 99.83'
8 398
$ 4,492 SF
N73*16'19"W 99.83'
»o
n*
CM to 397
6,045 SF
CO
e>
Z'N
UTS
<8
UJ
QQ uj
O
CO to
CO
<
CD
62'
•31' 31'-
o in
CM
R
£
to
s
8 tD
K
R Oi
C
J*
to
m
P4
>
<
"•vj
L35.1
MCWD
PARCEL 1, VOL 27 SUR PG 130
ADJUSTED PER MARINA RE DEV. AGCY.

RESOLUTION 2006-31 & 2006-32
DOCS. 200672627 3c 200672623

FOUND REBAR &
CAP, *LS 7309"
A=1*50'07"
R=205000r L=65.66'
PARCEL OS-2.5
PUE
^04*20" , 21.171 .
396.00' L-63.00'- N73*16'19"W
N73*16'19"W 99.88'
1636

8.545'
100J2 411
5,878 SF 9TH STREET o tt7.W r^. Oi
265 *> —. 50 » II. C It N73*16'19"W in 20'39"* ^H-04'20" H ?ji -;®R=J0a00' L=57.97' 426 Cti s 52.17' h '
o in to in 231 8 SF o» fO m 8a & oj Ot or* .90 101 N73"16'19"W !»/.« at k=ff0£20 ro 5=27430'
L«52.95'
to 26.17' 51 191 o> 39^ 89.61
9TB
to 559.92 to CP
264 39"* 8 -z- H84*?9 10 211
i•v o
>ft,» CP. c?
CM
$ to 358J1 25' WIDE P.U.E. PER
DOC# 2020017975,

TO BE ABANDONED
203£* 8 at fc-ysra"
R=300.00'
L»20.89'
8 KgtH'04'20 to B8^ r" ret
390 391 RSS232.00'
t=44.83'
N73*16'19"W

26.17'
to CP

2.4 CEZOS 91 1 w PER to THIS MAP to o CP SF 18,131 £ N84,20'39"W

5.13'
o Z-CP put (£>
V
tO s w SSSTi®' at tO o .8 26' £ > ^39"* at KM 8 20*30 m to LU H84 to UJ o 355.18 PARCEL LzE^AE & PUE x
CO EC ^13 L«h
40'00"E LU AS N1 PARCEL OS-2,2

8.96 AC
h- LU 216 UJ CO 216 LU 00"* SEE DETAIL A ^3 (/)
389 388 UJ

DETAIL A UJ
SEE SHEET 13 CO 1" = 10'
LEGEND
(T)
(R)
(M-M)
(M-PL)
(M-CL)
®
AC
(BD)
EVAE
PCL
P.U.E.

SDE
SF
WE
(R1)

SUBDIVISION BOUNDARY

PROPERTY UNE

EASEMENT UNE

CENTERUNE

TIE UNE

REUNQUISHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBUC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
VOLUME 23 CITIES & TOWNS, PAGE 36
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.
* i
© I tO
40 SCALE: 1" = 40'
40 80
TRACT NO. /£~SD

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES k TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 9 OF 13
13 SEE SHEET 9
n1Q\ 1A Cvcwii
LEGEND

FOUND REBAR &
CAP, "LS 7309"
A=1'50'07"
R=2050.00' L=65.66
L35.1
MCWD
PARCEL 1, VOL 27 SUR PG 130
ADJUSTED PER MARINA REDEV. AGCY.

RESOLUTION 2006-31 6c 2006-32
DOCS. 200672627 & 200672623
FOUND 3/4"IR0N PIPE
W/ PLUG, "ROE 15310"
N7Z39 23 ff 501.61'
o>
9TH STREET
PARCEL OS-2.5
30,121 SF
N73*16'19"W 567.13'
N73*16'19"W 624.07'(T)
PUE
Z
N7Z39'23*W 54.42'

26.00' 28.42'
393.06'
N73*16'19"W 335.01'
231.01'
O 8

53.95'
N53*47'19"E

10.03'
390
5,376 SF

50.00' 45.00 45.00'
393
4,050 SF

45.00'
394 **
4,050 SF •
M

45.00'
395
4,025 SF^(
3-i
%
A=4*49'02"-S'
1=42.04'

51.06'
N16*43'41"E_^.

15.53' '
UJ 396
4,474 SF
%
26'
'' ::'
382 381 380
SEE SHEET 11
C7»
EVAE k PUE
•55.00'*
N73*16'19"W 248.01'
26' 26'
CO
O *
V
C\
£
^=6*33' 43
z
r
* ^

57.26 L-
! ^fj'22'44" K«dUU-00 1-^9.3 o
PARCEL L2.2 103.29 520.00 984 SF 2250 N7J1619 w 248.01
"— -50.00' 3119 - 50.00 -p
4' P.U.E. -J 1

50.00' —43.01
A=(T46'12"
1=6.99'
CNj 50.11 EC
<=Z ¥ 8 8 M IS?
fO O o>
8 384 £
°° 3,559 SF
388 385 uj

3.500 SF C
st,s
to
17*52*07 35.00' 50.00' 50.00' 50.00' 50.00
?1Q'W#1
389
3,764 SF 3,500 SF
387 w
3,500 SF V-
386
3,500 SF
N73*16'19"W 283.14'
N73*16'19"W 283.14'
A=0*28'36"
L=1.86'
,48.14';
in

42.35'
A=22*21'29"
L= 18.54'
356
5,061 SF

SANDY GULCH DRIVE
N7T16'19"W 287.20'
U*
4;s>.
¥» ^ -S-.
4,187 SF L\
>•»
r=224.00'
t=1870^ .
~ R«250.00 l
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.

50.00'
f 357
^ 4,500 SF

50.00' 50.00'

50.00'
358
4,500 SF

50.00'

50.00'
uj 359
^ 4,500 SF
V)

50.00'
N7J16'19"W 357.56'

50.00'
uu 360
5: 4,500 SF
V>
««•
to
z

50.00'

44.85'
A=ro4'i r_7
L-5.15' %

50.00'
A«90nfQ3T^
^=12*03*47" L-

57.56'
PARCEL OS-2.2

8.96 AC
a OF 20'WIDE GAS ESMT
PER R 3506 PG 1533
(O
CP
s
365
a,
366
<3 367 <v
\%\ 27652

58.11 %
T4: Cf 363
7,254 SF 369 £
a <8 3>
O
364

5.341 SF 370

60.98 24*W 371 H83*36
8s 47
58 362
5,330 SF
(T)
(R)
(M-M)
(M-PL)
(M-CL)
®
40 SUBDIVISION BOUNDARY

PROPERTY UNE

EASEMENT UNE

CENTERUNE

TIE UNE

REUNQUISHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY UNE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBUC UHUTIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
VOLUME 23 CITIES k TOWNS, PAGE 36

CURVE TABLE
NO. DaTA RADIUS LENGTH
C1 31 *29'30" 7.00' 3.85'
C2 go'oo'oo" 20.00' 31.42'
C3 3*02'53" 376.00' 20.00'
C4 77*49'07" 7.00' 9.51'
C5 51*53*07" 47.50' 43.01'
V* so.
<S I H
40 80
SCALE: 1" = 40'
TRACT NO. /STD

CENTERUNE OF
20' WIDE PUE
N28*25'00"E 44.31'

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES k TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 10 OF 13
14 n|q\ 2>f c^r
SEE SHEET 10
_ N7J1619"W^ 624.07'
393.06'
L5.9.

CITY OF MARINA
(EQUESTRIAN CENTER)

PORTION OF EXCEPTION

PARCEL THREE
23 SUR 98

CITY OF MARINA

PARCEL A
29 SUR 105

CURVE TABLE
NO. DELTA RADIUS LENGTH
a 76'27'50m 20.00* 26.69'
C2 3*56'06" 346.00' 23.76'
C3 QO'OO'OO" 20.00' 31.42'
C4 12*09'12" 47.50' 10.08'
C5 2*36'58" 324.00' 14.79'
C6 3*35'04" 324.00' 20.27'
C7 4'28'43" 326.00' 25.48'
C8 4*28*43" 251.00' 19.62'
C9 12*09'12" 47.50' 10.08'

FOUND REBAR &
CAP, "LS 5321"
N7Z39 23 w

54.42*
8 CN
9TH STREET (O CN 8
231.01
N73*16'19"W 178.96*
Oi CO o CO CO CM IO CO to CM to K5 Ui CO

64.89 N16*43*41 "E

15.53'

45.00 69.07'
N16*51'19"E

6.30'
00 K t> 8 o
p*
381 26' 382
4,586 SF
26 UJ
380
5,780 SF i 3,130 SF £ cn
3 fo 396 o r>
% \*
3^ \S
s'18" V
^ r- W
379 %
3,884 SF A ^
vl > ino
r-•M" to to 4* P.U.E.
~A=3*48'18
L—21.65* .
•3 K,"jlC.59.63 45.06 oj
N76*06'36"W 104.69 j
;'3S"W 68.37' L „
Q /P
lw
u? \ Q
^ M7fi*06'36"W 68.37' CP
P/ 70 \
77 O4 . •*"
^^4' P.U.E. A W \
1 m <i\& A
-As, a.
v J*Ck 7p\x .
a FOUND REBAR
& CAP, BENT.
(NOT HELD) \td
TO^JSJ.
xv>-
r£\iA
a. \ CP
& 365
4,826 SF
<& TP o*\ W fo cA
m it=
7/^5^ < X 378
37"
**3*8^ ^A\ 3'596
\ S.
383 \c C\cP
* rt x^> A U CP: e> 3,682 SF^
0^ s^V'
&./S.
* <?<
if Jt 9?
377
3,596 SF &
r_ w XA)
V\\^< ?v if 367 *
3,331 SF cf if vP
376
3,375 SF ^
<&> cr ET
X4^
2,931 SF <£%.

V«. A/ \
IS-<&> o <§>
p, 375
3,375 SF o 4&S „
369
\ -pj A Qa A
V Y,;
\ 4T, 3s
£ c/! o c? 363 <& "CP, Ov. 3,164 SF \
'A W.
6^\ cS
> & 374
3,375 SF & £f
\ w> C3 ? j,
370
>€> <2 373 • z •%yk (2 v3 3,375 SF >> lA
364 fV &
& <& If £ 3,904 SF CM <&, 8 If o\ W, 4> •v S)^ ?o ^ 4» 4> \\5 371 V\
•A383 SF J>A?
& v> H
372 £ <£ <& 4,275 SF
c?r & fx if V/A 10.98-1 aV(\
j;>X§^*T?=47^A^
If 4»
4>
r*j <9
PUE ~~
PARCEL OS-2.12
658 SF

CENTERLINE OF
20' WIDE PUE
N28*25'00"E 44.31'
&24 &
ip. N61 ^5'00> PARCEL OS-2.2

8.96 AC Uz.19 *38.43 \cA wA^ u\ ip a OF 20 WIDE GAS ESMT PER R 3506 PG 1533
CO
% TP

52.2$
to 238.43 LJLJ s "o UJ
8TR 8
STREEt
o> CO CO
UJ
,47s |7^'47
R~6°0.00'
to LLI 75> CO 5? 45.^® N5 CM CSUMB
PARCEL 5
9 SUR 15

49.Sg
SEE SHEET 13
FUTURE
CAUF0RNIA AVE
ROW
SEE SHEET 3

FOR SUBDIVISION

BOUNDARY DATA
LEGEND
— SUBDIVISION BOUNDARY

PROPERTY UNE

EASEMENT UNE

CENTERUNE

TIE UNE
- REUNQUISHMENT OF ABUTTERS RIGHTS
(T) TOTAL
(R) RADIAL
(M-M) MONUMENT TO MONUMENT
(M-PL) MONUMENT TO PROPERTY UNE
(M-CL) MONUMENT TO CENTERUNE
® SET STANDARD STREET MONUMENT STAMPED LS 8002.
^ FOUND STANDARD STREET MONUMENT STAMPED LS 9177
u PER 24 CAT 46, EXCEPT WHERE OTHERWISE NOTED.
m FOUND MONUMENT, AS NOTED.

AC ACRES
(BD) BOUNDARY

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

PCL PARCEL
P.U.E. PUBLIC UTILITIES EASEMENT

SDE STORM DRAIN EASEMENT

SF SQUARE FEET

WE WALKWAY EASEMENT
(R1) VOLUME 23 CITIES & TOWNS, PAGE 36
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.
\T 8Q
40 SCALE: 1" = 40'
40 80
TRACT NO. /fTro

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 11 OF 13
15 195 96 97 93
/ 'PHASE 1ci THE DUNES
/ 199 200 ON MONTEREY BAY, Ph2* 203 204 205
/ 24 Cdcf 44 204
/ | 201 | 202 |
1 PHASE 1C, THE DUNES
ON MONTEREY BAY, Ph2*
24 C&T 46

PARCEL K
n!o\ v\ C*r
LEGEND
9TH STREET
N88*20'0Q"W 717.84'

PORTION OF PARCEL N DESIGNATED AS
A 52' WIDE RIGHT-OF-WAY PER CITY
COUNCIL RESOLUTION No. 2021-04

PARCEL M
301.43*
312.76*
CL OF 20*

WIDE PUE
333 ^
2,616 §
SF g
334 „
2,278 o
SF •
335 lu
2,278 6
SF 2
-34.00'-
336 lu
2,278 o
SF |
-34.00'-
337 u-
2,278 §
SF
iz
-34.00' ~

EVAE & PUE
Co «
i-w -<tr co 2C cey xy.

N88"20'00"W 246.01' PARCEL L2.1
N8870'00*W 225.01' 6'686 SF
- T~r~ 45.00'
S2 L a*
4' P.U.E. g
J 344
V> * IjJ
2 3,491 SF «o ur> O
A=9*20'44" g
aE
4' P.U.E. 8
lO to
343 „
2,925 SF |>
342
2,925 SF
N88*20'00"W 217.30'
N88*20'00*W 217.30'
341
2,925 SF §

BUNGALOW COURT
N88*20'00"W 168.07'

39.00' 34.00' 34.00' 34.00' 34.00' 33.76
^ to \ ^ ro
8 294 295 293 o
C7 z
-32.01'- -
z

34.00' N88*20'00"W

35.00' 45.00' 45.00'
r-~
o»
£/ A=26*20'50 $
L—21.84
, j L=7.75" :
1/ , 47.29': '
z fo 45.00' 45.00' 45.00'
Co
fx
293 50.00' 46.73
<?A$.

N51*51'23 t(R)

11.07'
90 299 Lu
o>
z CTS
347
5,517 SF
345
3,903 SF
346 8 PARCEL OS-2.1 g
22,191 SF o
4,389 SF £ CO 50.00'
300
//

45.00 50.00'
N887000 w 95.00' A=0*52 47 8 12 8

78.69 Soa CR 211 77
S £®8*50'00 67.84 o* ^230*00"W 253.32 70.30' -»j 00 tn 185.48 "Nj 8 8T^ STftfifi
8=8*50*00
T 8=600.00' L=92.50
V 182.82
A=8*5Q,nna

5.00 1=80,94 525.00
416.41'

PARCEL N

34.00'
338 ui
2,278 o
SF |

34.00'-

44.00'
339 8
2,948 £
SF
L'
4' P.U.E.

44.00' -
•55.01'"
340 $
3,490 SF

35.01'
24 C&T 46
N88*20'00"W 755.15'
442.39'
(T)
(R)
(M-M)
(M-PL)
(M-CL)
®

26.00' , 26.00'

52.00'
CM
3 129.00'
355
7,095 SF
52'
N51*28'03"W(R)

15.01'
A=5r49'00"
R=37.00*
L=33.46'
348 t>
4,500 SF 8
3 50.00'

50.00'
CM
Mh
WJ cj. '

21.34'
A=31*43'32"_
1=26.30' ^
I
350 *
5,379 SF

75.00'
N88*20'00"W 129.00'
354
7,095 SF
N88*20'00"W 129.00'
353
, , 6,947 SF
A=32*02'5r
L=26.57*
N88,20'00"W 120.98'
<B7*45'46"E{R)
352
6,998 SF
N38*55'29"W(R)

25.55'
N88*20'00"W 120.95'
351
11,946 SF
143.29'
N88*20'00"W 318.29*
287.39'

SUBDIVISION BOUNDARY

PROPERTY UNE

EASEMENT LINE

CENTERUNE

TIE UNE
REUNQUiSHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY UNE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 C&T 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBUC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
VOLUME 23 CITIES & TOWNS, PAGE 36
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.
$

CURVE TABLE
NO. DELTA RADIUS LENGTH
ei 90*00'00B 20.00' 31.42'
C2 3178*37" 7.00' 3.85'
C3 31'29'30B 7.00' 3.85'
C4 77*49'07" 7.00* 9.51'
C5 24*41'04" 47.50' 20.46'
C6 90*00'00" 19.00' 29.845'
C7 21*35'40" 19.00* 7.16'
C8 68*24*20" 19.00' 22.68'
' / N ^
40 80

PARCEL OS-

8.96 AC
•2.2 40'
CL OF 20' WIDE GAS ESMT
PER R 3506 PG 1533
TRACT NO. /STO
.N88*20'00"W 554.14'.
to
FOUND CENTERUNE Jfe-.

M0N "LS 7176"
N88*20'00"W 544.77'
FOUND 2" BRASS DISK,
"RCE 15310" FOUND 2* BRASS DISK, "RCE 15310", HELD

ALSO FOUND LARGE SPIKE AND WASHER
STAMPED "USAGE", N37*30'E 1.02' FROM CORNER.

N88*20'00"W 622.91*

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE",
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 12 OF 13
16 >-< SEE SHEET 9 < 424 409 267
£
£ < 412 H 286 &0
410 Kfl > <
411 265 a 426 262 < XP w
\
oo 264

PARCEL K
\ i \c
oW
Q 263
2A CEBOS £
o
OA 205 o 204
T3 203 202
200
99 46
24 98
355
PARCEL OS-2.2

8.96 AC £ a OF 20
WIDE PUE 353 LP
3UE "\ 340
3- 3 341 295
342 294
352 343 344
oB?S C w
A2 fi 296
351 C2b CM
31' C 350 349 o \
& <SI 348 297
ft L6(R) V# 347 m
298 OS <>e' r> 346 *Mir PCL 345
A-KTOOW > / LI
R=6G0,00'J §/
1=104.72'
003 3> 299 0S-2.1 69
22,191 SF 011 2A C50 CO 027 3S & 300 128 <o 19
FOUND 2 BRASS
DISK, "ROE 15310"
253.32_ N79*30WW
185.48 * 84 67
FOUND 2 BRASS DISK, RCE 15310", HELD

ALSO FOUND LARGE SPIKE AND WASHER
STAMPED "USACE", N37*30'E 1.02' FROM CORNER. A=o5Q 00
R=600.00'
L=92.50*
DISK
LEGEND
(T)
(R)
(M-M)
(M—PL)
(M-CL)
<s>
AC
(BD)
EVAE
PCL
P.U.E.

SDE
SF
WE
(R1)
FOUND 2 BRASS
"RCE 15310"

FOUND CENTERUNE
MON "LS 7176"

SUBDIVISION BOUNDARY

PROPERTY LINE

EASEMENT LINE

CENTERUNE

TIE UNE

RELINQUISHMENT OF ABUTTERS RIGHTS
TOTAL
RADIAL

MONUMENT TO MONUMENT

MONUMENT TO PROPERTY LINE

MONUMENT TO CENTERUNE
SET STANDARD STREET MONUMENT STAMPED LS 8002.

FOUND STANDARD STREET MONUMENT STAMPED LS 9177
PER 24 CAT 46, EXCEPT WHERE OTHERWISE NOTED.

FOUND MONUMENT, AS NOTED.

ACRES

BOUNDARY

EMERGENCY VEHICLE ACCESS EASEMENT
PARCEL

PUBLIC UTILITIES EASEMENT

STORM DRAIN EASEMENT

SQUARE FEET

WALKWAY EASEMENT
VOLUME 23 CITIES & TOWNS, PAGE 36
PCL OS-2.1

LINE & CURVE DATA
No. DELTA/BEARING RADIUS LENGTH
L1 N88,20,00MW 33.76
L2 N01'40'00"E 68.33
C3 68"24'20" 19.00 22.68
L4 N0r40'00"E 74.92
C5 94"07'02b 47.50 78.03
L6 N5r51'23"E 11.07
L7 N01*40'00"E 89.94
L8 N10*30'00"E 35.57
L9 H79'30'00°m 78.69
C10 0,52'47" 73.00 1.12
C11 51'49'00" 37.00 33.46
L12 N16*44'33"E 328.66
PCL OS-2.2

LINE & CURVE DATA
No. DELTA/BEARING RADIUS LENGTH
L1 S0r40'00"W 1.22
L2 S84*20'39HE 355.18
C3 11*04*20" 232.00 44.83
L4 S73*16'19"E 26.17
L5 S16*43*41 "W 122.06
C6 31*29'30" 7.00 3.85
C7 130*37*30" 47.50 108.29
L8 S07*35'40"W 83.64
L9 S73*16'19"E 357.56
L10 S23*01'05"E 77.97
L11 S83*36'24"E 60.98
C12 131*35*58" 47.50 109.10
L13 S47'21*33"E 64.29
L14 N66*58'55"E 75.98
L15 S23*01'05"E 64.14
L16 N66*58'55"E 95.00
L17 S23'01'05"E 75.34
v\ov v\ eve
L5.9.

CITY OF MARINA
(EQUESTRIAN CENTER)

PORTION OF EXCEPTION PARCEL THREE
23 SUR 98
398
PARCEL OS-2.5
9TH STREET

CITY OF MARINA

PARCEL A
29 SUR 105
C3 . L4 381 382 380 396 395 390 391 392 393 394
3 < i 379 365
383 389 388 387 386 385 384 378 C6
X o
\\m
366 X,
SANDY GULCH DRIVE \ / \ v in /\ v
&X 367 X \ / \ AX / \%-376 A
\§)<"i/:q \ v / \'
VIYCFN\YV
SEE SHEET 10 <2
<?<\ X\A §sA 356

50.1 % 358 359 360 361 362 357 363 £
*3
373 L9 If 364 370
372 n. 371
* <> V
C23
A=T6"45'00
*'2 CjJ
V 4>\ x
\>\A
V
L24 a OF
WIDE f
20 PUE L22
505.57 R=600.00* ^'35'00% 69 1 N1^20WW
l— ^
T 2N- " U
C21 ?38.43
L?0 04 Cji C4 to
to a OF 20 WIDE GAS ESMT
PER R 3506 PG 1533 Ns&50 Ui
A=4'44'41
R=600.00'
L=49.69'
205'?2 PUE
PARCEL OS-2.3

10.948 SF FOUND 2" BRASS
DISK, "RCE 15310
CSUMB
PARCEL 5C
27 SUR 151 PCL OS-2.2

LINE & CURVE DATA
No. DaTA/BEARiNG RADIUS LENGTH
C18 30*17*30" 174.00 91.99
C19 115*53*16" 30.00 60.68
L20 N56*50'19"W 135.28
C21 4*44*41" 631.00 52.25
L22 N61*35'00"W 238.43
C23 16*45*00" 631.00 184.47
L24 N78*20'00"W 505.57
C25 10*00*00" 631.00 110.13
L26 N88'20*00"W 554.14
C27 8*50'00" 456.00 70.30
L28 N79*30'00"W 133.08
L29 N10'30*00"E 35.57
L30 S88*20'00"E 95.00
L31 N58*17'09"E 59.88
L32 S88*20'00"E 318.29
L33 N01*40'00"E 294.00
L34 S88'20*00"E 287.39
100
SCALE: T
100 200
100'
NOTE: SEE SHEET 3 OF 13 FOR OVERALL
PERIMETER BOUNDARY INFORMATION.

TRACT NO. /5TO
PCL OS-2.3

LINE & CURVE DATA
No. DELTA/BEARING RADIUS LENGTH
L1 N01 *40'00"E 19.79
C2 57*50*10" 58.00 58.55
L3 S78*20'00"E 431.81
C4 1110*00" 750.00 146.17
L5 N89*30'00"W 252,67

THE DUNES ON MONTEREY BAY
PHASE 2 EAST
A SUBDIVISION OF LOT 23 AS SHOWN ON
"TRACT No. 1472, "NORTH AND WEST MARINA VILLAGE*,
FILED IN VOLUME 23 CITIES & TOWNS, PAGE 36,

OFFICIAL RECORDS OF MONTEREY COUNTY, CALIFORNIA
AND CONTAINING 45.998 ACRES
PREPARED BY:

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
JOB NO. 3140.14 NOVEMBER 9, 2020 SHEET 13 OF 13
17 PUBLIC IMPROVEMENT AGREEMENT

AGREEMENT FOR IMPROVEMENT OF STREETS, INSTALLATION OF

STORM DRAINS AND OTHER PUBLIC WORKS FACILITIES
"The Dunes on Monterey Bay" Project
Phase 2 East/Residential
This Agreement for Improvement of Streets, Installation of Storm Drains and Other Public Works Facilities ("Agreement") is made and entered into this j day of , 2021, by and between the City of Marina, herein called the "City," a municipal corporation, and Shea Homes Limited Partnership, a real property owner, developer or subdivider, herein called the "Developer." WHEREAS, pursuant to the Development Agreement dated July 8, 2005, the Disposition and Development Agreement dated May 31, 2005, as amended by the Implementation Agreements, and the Quitclaim Deed dated September 21, 2006, Marina Community Partners, LLC, as the "Master Developer" was the prior owner of the land known as "The Dunes Phase 2East/Residential; and
WHEREAS, on May 31, 2005, by Resolution 2005-130 the Master Developer received approval from the City for: (1) the University Village (now "The Dunes on Monterey Bay") Specific Plan (Resolution 2005-130); and (2) a Tentative Subdivision Map ("Tentative Map") consistent with the City's General Plan and the Specific Plan (Resolution 2005-131) subject to Conditions of Approval attached to Resolution 2005-131 including: Condition 3 requiring a subdivision improvement agreement and bonding; and Condition 18 requiring establishment of a Landscape and Lighting District ("LLD") prior to approval of the first Final Map; and
WHEREAS, the Master Developer conducted deconstruction and demolition activities affecting the Property (as defined below) under the terms of a Right of Entry Agreement from the City dated September 30, 2005; and
WHEREAS, the Marina Redevelopment Agency and the Master Developer entered into the Implementation Agreement Regarding University Village on September 6, 2006, which provided for construction of the project in three major phases, Phases 1, 2 and 3 and established Conforming Clarification(s) to the Schedule of Performance for each sub phase; and
WHEREAS, following the Master Developer's invocation of an excused delay in the construction of Phase 1, Phase 2 and Phase 3 due to the impact of economic conditions on the feasibility of the project, on August 5, 2008, the Marina Redevelopment Agency and the Master Developer entered into the Second Implementation Agreement Regarding University Village to provide for the Master Developer's continued construction of the project in spite of the economic downturn and made certain changes to the Disposition and Development Agreement and to the Conforming Clarifications to the Schedule of Performance which were subsequently amended by the Operating Agreement; and 661\05\1647917.1

EXHIBIT B TO

STAFF REPORT
18 WHEREAS, on October 21, 2008, by Resolution 2008-209 the City approved an amendment to the Tentative Map affecting Phase 1-B, adopting two additional Conditions of Approval to the Tentative Map and thereby changing the numbering of Condition 18 to Condition 20; and
WHEREAS, on May 18, 2010, by Resolution 2010-13(MRA) the Marina Redevelopment Agency and the City, by Resolution 2010-75, approved a modification to the Schedule of Performance; and
WHEREAS, on December 17, 2019, the City and the Master Developer entered into the Operating Agreement as an administrative amendment of the Development Agreement clarifying and modifying certain project approvals for Specific Plan for The Dunes on Monterey Bay including to the Conforming Clarifications to the Schedule of Performance (hereinafter the "Conforming Clarifications") now dated as of November 22, 2019;and
WHEREAS, the Master Developer transferred ownership of the Property to Developer pursuant to a grant deed recorded on fAftrtVt 2k , 202<5, as document number ; and
WHEREAS, the Master Developer assigned, and Developer assumed, the obligations of Master Developer under the Disposition and Development Agreement, the Development Agreement, and the Operating Agreement between City and Master Developer with respect to the Property pursuant to a Partial Assignment and Assumption Agreement; and
WHEREAS, The Master Developer remains obligated under the Disposition and Development Agreement, Development Agreement, and the Operating Agreement for the balance of the Project not yet conveyed to third parties; and WHEREAS, revised improvement plans entitled "The Dunes on Monterey Bay, Phase 2 East/Residential" herein "Improvement Plans," to those signed by the City Engineer on pta&botr 2020, and incorporated herein by this reference, have been submitted to the City for approval and acceptance, including certain streets constituting a portion of Phase 2 of The Dunes on Monterey Bay Project, referred to herein as Phase 2 East/Residential or the "Project," located on and along Beacon Court, Beacon Drive, Telegraph Boulevard from Moonshell Lane to California Avenue, Wharf Terrace from Moonshell Lane to 4th Avenue, Sky view Drive from Parkview Way to 4th Avenue, 9th Street from Parkview Way to California Avenue, Sandy Gulch Drive, Bungalow Court, Tidepool Lane, Kitetail Lane, 4th Avenue from Imjin Parkway to Sandy Gulch Drive, Catwalk Court, herein the "Property". Improvements are to include new storm drain system, curb, gutter, asphalt concrete pavement, street lights and electrical facilities, sidewalk, striping, traffic signs, and survey monuments, as shown on Exhibit A, herein the "Improvements;" above ground infiltration facilities may temporarily be utilized for the Project in lieu of final infiltration galleries where feasible; and 661 \05\1647917.1
2 19
WHEREAS, the Conditions of Approval of the Tentative Map, as adopted by Resolution 2005-131 and as amended by Resolution 2008-209 require the establishment of a Landscape and Lighting District prior to recording of a final map; and WHEREAS, by Resolution 2015-11 the Master Developer received approval from the City for an amendment to Conditions of Approval Nos. 3 and 20 (Resolution 2008- 209) for the Tentative Map which provided for the establishment of a Community Facilities District in lieu of a Landscape and Lighting District; and WHEREAS, on June 2, 2015, by Resolution 2015-01 the City approved the formation of Community Facilities District No. 2015-01 (The Dunes) (hereinafter "CFD 2015-01"); and
WHEREAS, the City will not accept any of the Phase 2 East/Residential public improvements to be constructed pursuant to this Agreement until all the conditions of this Agreement including the inclusion of Phase 2 East/Residential into CFD 2015-01, are satisfied in full; and
WHEREAS, the Developer will subsequently submit for approval by the City and subsequent recording with the office of the Monterey County Recorder, a final map ("Final Map") for Phase 2 East/Residential; and
WHEREAS, the Developer requires certain utilities and public works facilities in order to service the Project under the minimum standards established by the City; and WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement; and
WHEREAS, the City has certain responsibilities for maintenance and operation of such Improvements, utilities and public service facilities after acceptance by City, and for providing the necessary connecting system, and the City has agreed to discharge those responsibilities following its acceptance of the Improvements.

NOW THEREFORE, in consideration of the foregoing and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions, Rules and Regulations, it is agreed by and between the parties as follows:

SECTION 1
The recitals to this Agreement are hereby incorporated into the terms of this Agreement. All applicable Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out a length herein. Said Codes, Ordinances, Resolutions, Rules and Regulations include, but are not limited to, the 661\0S\1647917.1
3 20
following: The Municipal Code of the City of Marina, including the current Zoning Ordinance, and the currently adopted California Building Code.

SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed by the Developer in each and every one of the applicable Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws. b. To annex the Property to CFD 2015-01 to provide for the imposition of special assessments on the Property providing funding for the maintenance of the Improvements to be constructed by the Developer pursuant to this Agreement in a timely manner in order to ensure that the annexation to the Community Facilities District is accomplished prior to the sale or conveyance of any portion of the Property.
c. To grant to the City or other entities entitled thereto, from property owned by the Developer, without charge and free and clear of monetary liens and encumbrances, any and all public, private, utility, drainage, construction or access easements and rights of way (herein "easements") in and to the Property necessary for the City, in order that the storm drain and street improvements to said real property may be extended; however, City shall not be obligated to accept any such easement, right-of-way or improvements thereon prior to the annexation of the Property to CFD 2015-01. At no cost to the Developer, City and Developer will work cooperatively with the owners of other real property to acquire all easements necessary to construct the Improvements. At no cost to the City, City agrees to support Developer in acquisition of easements necessary to construct the Improvements and to accept said easements upon execution of easement grant deeds to the City by grantors, subject to the condition set forth above regarding the annexation to the CFD 2015-

01. City also agrees to issue Developer and/or Developer's contractors encroachment permits necessary to accomplish said work.

Prior to acceptance of the Improvements by the City, to indemnify, defend with counsel of City's choice and hold the City and any of its officials, boards and commissions and members thereof, agents and employees, free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation attorney's fees) because of or arising or resulting directly or indirectly from (i) any damage done to any utility, public facility or other material or installation of the City on said real estate as a result of the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, grading or working upon said real estate; or (ii) any act or omission of Developer or Developer's contractors, or subcontractors, or any employee of the foregoing in connection with the design, construction or other work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property, except for such claims, demands, causes of action liability, or loss arising out of the sole active negligence of the City or any of its officials, boards and commissions 661 \05\ 1647917.1
4 21
and members thereof, agents and employees. City shall not be responsible for the design or construction of the Improvements pursuant to the Improvement Plans, regardless of any negligent action or inaction taken by City in approving the Improvement Plans unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before construction and acceptance of the Improvements, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternate safe and feasible design. Prior to acceptance, Developer shall remain obligated for routine maintenance. After acceptance, Developer shall remain obligated to eliminate any defect in design or dangerous condition caused by the design of construction defect, however, Developer shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect for ten years following acceptance by City of the Improvements. The Improvement security shall not be required to cover the provisions of this Section. Developer shall reimburse City for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by City in enforcing the provisions of this Section
d. To construct and improve all public works facilities and other improvements described on the Engineer's Estimate referenced in Section 3 of this agreement and the Improvement Plans submitted to the City in furtherance of this Agreement on file with the City. All construction and improvements shall be completed in accordance with all standards established in the applicable Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this Agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer or his or her designee. Developer shall furnish two good and sufficient bonds, in an amount of 100% of the City Engineer's, or his or her designee's, estimated cost of the Improvements, guaranteeing Developer's performance of this Agreement: (1) a Payment Bond on a form provided by the City; and (2) a Faithful Performance Bond, both of which must be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. Alternatively, the Developer may provide a cash deposit in an amount of 100% of the City Engineer's, or his or her designee's, estimated cost of the Improvements to guarantee Developer's performance of this Agreement.

The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this Agreement, and shall secure payment to City of any loss due to the default of the Developer or its contractors or their inability or refusal to perform this contract, and to guarantee or warranty the work done pursuant to this Agreement for a period of one year (after completion of the Improvements by Developer and following acceptance thereof by City) against any defective work or labor done or defective materials furnished. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the Improvements by Developer and acceptance of the Improvements by the City, provided that Developer may substitute for the performance bond securing the warranty described above with a separate warranty bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the 661\05\16479I7.1
5 22
Improvements (provided that amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year warranty period. Government Code §66499.7, and as it may hereafter be amended, extended, or otherwise modified, shall apply to a request by Developer for release, in whole or in part, of the Faithful Performance Bond.

The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Developer, or its contractor or subcontractors fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Sections 8520, 8530 and 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Developer, its contractors and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any of the persons named in Civil Code Sections 8520, 8530 and 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

The Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurances website (www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Monterey that the surety's certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, than renewed authority has been granted.
c. At all times during the term of this Agreement and until the Improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of Two Million Dollars ($2,000,000), combined single limit for both bodily injury and property damage; (b) workers' compensation insurance as required by law; and (c) broad form "Builder's Risk" property damage insurance limits of not less than 100% of the estimated value of the Improvements to be constructed by Developer pursuant to this Agreement (Builders Risk Insurance is not required when only mass grading and roadway- related improvements consisting of no structures are to be constructed).

All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified in (a) above shall name City as additional insured and the insurance (b) shall name the City as a loss payee, and (c) shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or 661 \05\ 1647917.1
6 23
Developer's contractors or their respective employees. Developer hereby waives, and Developer shall cause each of its contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company's certificate evidencing the required coverage, or if required by City a copy of the policies obtained. f. Not to offer for dedication to and acceptance by the City any of the public improvements constructed by Developer and located on the Property until such time as the Property is annexed to the Community Facilities District. g. Not to convey, transfer, assign, or sell in one transaction or a series of transactions, subsequent to recordation of the Final Map for Phase 2 East/Residential and prior to the annexation to the CFD 2015-01, any portion or interest of the Developer in the Property or the Project. Notwithstanding the foregoing, Developer may transfer, assign or sell in one transaction or a series of transactions all or any portion or interest of the Developer in the Property or the Project with consent of the City, such consent not to be unreasonably delayed, conditioned or withheld, to any entity which controls, is controlled by or is under common control with the Developer or the Master Developer, provided that said assignee assumes, in full, the obligations of Developer under this Agreement.

SECTION 3
An estimate of the cost for construction of the Improvements and performing land development work in connection with the Improvements according to the Improvement Plans has been made and has been approved by the City Engineer or his or her designee.

That estimated amount is Five Million Eight Hundred Twenty Thousand Dollars ($5,820,000). The basis for the estimate is on file in the Office of the City Engineer and is incorporated into this Agreement by reference.

SECTION 4
Developer will commence substantial construction of the Improvements required by this Agreement within the timeperiod set forth in the Conforming Clarifications between City and Master Developer, as those Conforming Clarifications may be subsequently amended. All the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed within the time periods set forth in the Conforming Clarifications. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer's sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property. City shall accept the Improvements no later than six (6) months after such time as the Improvements are (i) completed to the satisfaction of 661 \05\1647917.1
7 24
the City Engineer, (ii) the annexation to CFD 2015-01 is completed and (iii) the City is in receipt of funds from CFD 2015-01 to maintain the Improvements.

SECTION 5
a) Default of Developer shall include, but not be limited to: (1) failure to timely commence construction of the Improvements; (2) failure to timely complete construction of the Improvements; (3) failure to timely commence and complete the annexation of the Property to the Community Facilities District; (4) failure to timely cure any defect of the Improvements; (5) failure to perform substantial construction work for a period of sixty calendar days after commencement of the work; (6) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Developer fails to discharge within thirty days; (7) commencement of a foreclosure action against the project or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (8) failure to perform any other obligation under this Agreement. Notwithstanding the foregoing, Developer shall not be in default under this Agreement if it cures any default within thirty days' notice of such default, or if the default may not reasonably be curing within such time period, if it commences to cure within thirty days and thereafter diligently proceeds to complete the cure.
b) City reserves to itself all remedies available to it at law or in equity for breach of Developer's obligations under this Agreement. City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City's damages in the event of default by the Developer. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City's damages for Developer's default shall not exceed the cost of completing the Improvements.

The sums provided by the security for the Improvements may be used by City for the completion of the Improvements in accordance with the Improvement Plans referenced herein.
c) In the event of Developer's default under this Agreement, Developer authorizes City to perform such obligation sixty days after mailing written notice of default to Developer and to Developer's surety, and agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety under the Faithful Performance Bond shall be liable to the City for any excess cost or damages occasioned City thereby, including but not limited to fees and charges or architects, engineers, attorneys, other professionals and court costs. In such event, City without liability for doing so, may take possession of, and utilize in completing the work,_such materials, appliances, plants and other property belonging to Developer as may be on the site of the work and necessary for performance of the work.
661 \05\ 1647917.1
8 25
d) Failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Developer.

SECTION 6
That the following General Stipulations and any attached stipulations shall be completed, subject to the approval of the City Engineer.

1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.

2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is complete with a minimum interruption of traffic.

3. All work within the public right-of-way shall be subject to the approval of the City Engineer or his or her designee.

4. All construction work shall be coordinated so that the existing residents and/or businesses have access to their properties.

5. All improvements shall be installed per the approved Improvement Plans.

6. The Developer shall provide to the City of Marina electronic copy of the "As Built" Improvement Plans as an AutoCAD drawing file (DWG format, AutoCAD 2002 minimum or latest version).

7. Any reimbursements due the Developer, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement.

8. Until the roads on the Property are open to the public, Developer shall give good and adequate warning to the public of each and every dangerous condition on the existing public roads, and will take all reasonable actions to protect the public from such dangerous condition.

SECTION 7
Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.
661\05\I647917.1
9 26
SECTION 8
Neither Developer nor any of Developer's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement.

SECTION 9
Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinance providing therefor, nor shall anything in this Agreement commit the City to any such apportionment.

SECTION 10
Developer shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the Project or to any other third party without the express written consent of City.

SECTION 11
Acceptance of the work, or any portion of the work on behalf of the City shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all Improvements and only after the annexation of the Property to CFD 2015-01. Such acceptance shall not constitute a waiver of defects by City.

SECTION 12
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

SECTION 13
In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney's fees. 661 \05\1647917.1
10 27
SECTION 14
This Agreement shall be interpreted in accordance with the laws of the State of California. Jurisdiction of all disputes of this Agreement shall be in the County of Monterey, State of California.

SECTION 15
Time is of the essence of this Agreement.

SECTION 16
This Agreement, the Conditions of Approval of the Tentative Map, the Disposition and Development Agreement as amended by the Implementation Agreement, Agreement Forming Community Facilities District No. 2015-01, and the Operating Agreement constitute the entire agreement of the parties with respect to the subject matter. All modifications, amendments or waivers of the terms of this Agreement must be in writing and signed by an authorized representative of the parties.

SECTION 17
In the event the Schedule of Performance (including any Conforming Clarifications thereto) is tolled, the time for commencement of construction or completion of the Improvements hereunder shall be extended for the same duration as applies to the Schedule of Performance. Any such extension may be granted without notice to Developer's surety and shall not affect the validity of this Agreement or release the surety on any security given for this Agreement.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the date first written above.

ATTEST: CITY OF MARINA
I .aymrl ,ong
City Manager Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
661 \05M647917.1
28 IN WITNESS WHEREOF Developer has executed this agreement as of 3 a* - a\

SHEA HOMES LIMITED PARTNERSHIP,
a California Limited Partnership
i /
BY:

BY:

Donald A. Hofer
Authorized Agant
NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above. \
State of California
name and title of the
appeared
nty of
, personally of
before me, (here insert
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrumenCand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
the foregoing paragraph is true and correct.

WI TNESS my hand and official seal.

Signature (Seal)
of the State of California that law
Per GC Sec. 40814; CC Sec. 1181
66I\05\I647917.1
12 29

CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF California )SS
COUNTY OF Alameda )
On cpy o?Q^/ before me, Kathy Lynn Barlow , Notary Public, personally appeared Layne Marceau and Donald A Flofer
who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hc/shc/they executed the same in his/her/their authorized capacitvfiesl. and that by his/her/their signature(s} on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

KATHY LYNN BARLOW
Notary Public - California
Alameda County
Siqnature-^b U —- "V— Commission # 2230180
My Comm. Expires Mar 2, 2022
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ma *
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This area for official notarial seal.

OPTIONAL SECTION

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
• INDIVIDUAL
• CORPORATE OFFICER(S) TITLE(S):
• PARTNER(S) • LIMITED • GENERAL
• ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
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34 V Civil Engineering • Land Surveying
6 Harris Court. Monterey. CA 93940 I 831.649.522S
Whitson whitsonnngineerj5.com

ENGINEERS
November 6, 2020
Job No.: 3140.14

ENGINEER'S BOND ESTIMATE

CITY OF MARINA
THE DUNES ON MONTEREY BAY - PHASE 2 EAST (219 Lots)

MARINA, CALIFORNIA
tem Description Quantity Unit
Unit
Price Amount

STREET WORK
1 Street Fine Grading 562,550 SF $ 0.35 $ 196,893
2 3.0" HMA (Lanes, Type A. Tl=5.5) 960 TONS $ 120.00 $ 115,200 3 3.0" HMA (Streets, Type A, Tl=5.5) 3,250 TONS $ 121.00 $ 393,250 4 3.5" HMA (Streets, Type A, Tl=6) 1,850 TONS $ 120.00 $ 222,000 5 4.0" HMA (Co. Ave, Type A, Tl=7) 1,300 TONS $ 121.00 $ 157,300 6 6.0" Aggregrate Base (Lanes, Class II) 1,920 TONS $ 35.00 $ 67,200 7 6.0" Aggregrate Base (Streets, Class II) 9,660 TONS $ 35.00 $ 338,100 8 7.0" Aggregrate Base (Ca. Ave. Class II) 2,270 TONS $ 36.00 $ 81,720 9 Table-Top Intersection Concrete 2,940 SF $ 12.00 $ 35,280 10 Street Driveway Approaches 112 EA $ 3,000.00 $ 336,000 11 Lane Entry Concrete Conform 20 EA $ 2,000.00 $ 40,000 12 Conform to Existing Street 11 EA $ 5,000.00 $ 55,000 13 6" Vertical Curb & Gutter (City Std ST-i) (Includes 6" AB) 16,620 LF $ 30.00 $ 498,600 14 4.5" Rolled Curb & Gutter (Includes 4" AB) 6,230 LF $ 25.00 $ 155,750 15 Concrete Sidewalk (City Std ST-2) 79,500 SF $ 8.00 $ 636,000 16 5' DG Equestrian Trail (9th Street along frontage) 9,100 SF $ 6.00 $ 54,600 17 12' AC Bike Path (9th Street along frontage) 13,500 SF $ 4.00 $ 54,000 18 Curb Ramps 37 EA $ 4,000.00 $ 148,000
19 4' Concrete V-Gutter (Lanes) 40 LF $ 35.00 $ 1,400
20 Street Centerline Monuments 51 EA $ 750.00 $ 38,250
21 Striping (Thermoplastic) 12,620 LF $ 2.00 $ 25,240
22 Pavement Markings (Thermoplastic) 52 EA $ 600.00 $ 31,200 23 Traffic / Street Name Signs 96 EA $ 750.00 $ 72,000
Subtotal Street Work $ 3,752,983
3140-EST-Ph2 East_City_02.xls Page 1 of 2 Printed On: 11/12/2020 35 Item Description
Unit
Quantity Unit Price Amount

STORM DRAIN
1 Catch Basin Bottoms 65 EA $ 2,000.00 $ 130,000
2 Curb Inlet Tops 65 EA $ 1,000.00 $ 65,000
3 Area Drain 7 EA $ 500.00 $ 3,500
4 24" Field Inlet 3 EA $ 2,500.00 $ 7,500
5 24" Drain Inlet 16 EA $ 2,500.00 $ 40,000
6 48" Storm Drain Manholes 6 EA $ 5,000.00 $ 30,000
7 Hydro International First Defense Unit 3 EA $ 10,000.00 $ 30,000 8 MC-4500 Stormtech Infiltration Chambers 59,430 CF $ 15.00 $ 891,450 9 Storm Drain Outfall and Riprap Protection 3 LS $ 10,000.00 $ 30,000 10 4" HDPE Storm Drain Pipe 70 LF $ 25.00 $ 1,750
11 12" HDPE Storm Drain Pipe 860 LF $ 55.00 $ 47,300
12 15" HDPE Storm Drain Pipe 1,590 LF $ 60.00 $ 95,400
13 18" HDPE Storm Drain Pipe 2,280 LF $ 65.00 $ 148,200 14 24" HDPE Storm Drain Pipe 120 LF $ 65.00 $ 7.800
15 Connect to Existing Storm Drain System 4 EA $ 2,500.00 $ 10,000 Subtotal Storm Drain 1,537,900
SUBTOTAL PHASE 2 EAST CITY OF MARINA BOND AMOUNT $ 5,290,883 10% CONTINGENCY $ 529,088
TOTAL PHASE 2 EAST CITY OF MARINA BOND AMOUNT (to nearest $1,000) $ 5,820,000 3140-EST-Ph2 East_City_02.xls Page 2 of 2 Printed On: 11/12/2020 36 Bond No: 0230604
Premium: $34,920.00

FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Marina, State of California, and Shea Homes Limited Partnership, a real property owner (hereinafter designated as "principal") have entered into an agreement whereby Principal agrees toipstall and complete certain designated public improvements, which said agreement, dated , 2(«^, and identified as Public Improvement Agreement — Agreement For Improvement of Streets, Installation of Storm Drains and Other Public Works Facilities, "The Dunes on Monterey Bay" Project, Phase 2 East/Residential, is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of the Agreement to furnish a bond for the faithful performance of said agreement;
NOW, THEREFORE, we, the principal and Berkley Insurance Company, as corporate surety, are held and firmly bound unto the City of Marina, California, in the penal sum of Five million Eight Hundred Twenty Thousand Dollars ($5,820,000.00) of lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that, if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions and provisions in the agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Marina, its officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City of Marina in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
37 IN WITNESS WHEREOF, this instrument had been duly executed by the principal and surety above named, on the 22 day of December. 2020.

Name of Principal
By: Shea Homes Limited Partnership,
A California limited partnership
By:

Its: Donald A^Tdofer v
Vice President Community Development
Bv: \ -i/v P
Its: Mattnew J. Henry
Vice President of Land Acquisition
Name of Surety:

Berkley Insurance Company
Edward C. Spector, Attorney-in-Fact
Surety Address: 475 Steamboat Road, Greenwich CT 06830
38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF California )SS
COUNTY OF Alameda
) C~-~ ^7 ^XvO/
Donald A Flofer and Matthew J Henry
before me, Kathy Lynn Barlow , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies). and that by his/her/their signatured on the instrument the personCs). or the entity upon behalf of which the person{s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
rv, .da
a
i> m, n ft n » * *

KATHY LYNN BARLOW
Notary Public - California
Alameda County
Commission # 2230180
1 Commission # 2230180 r
My Comm. Expires Mar 2, 2022 f
This area for official notarial seal.

OPTIONAL SECTION

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by <<!ITable Field EONAME Not Found!!>> 11/2007 39 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Antzeles
On DtC & 2 2020 before me, Sam Fazzini. Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personfs) acted, executed the instrument.
"samTazzini ~ I
COMM. #2192119 |
Notary Public • California 0
Los Angeles County -
_rmm. Expires Apr. 16,_202lj
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature.

Signature of b/otary Arctic
40 POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
No. BI-7951c-el
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.

KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Thomas S. Branigan; Ashraf Elmasry; Edward C.

Spector; Simone Gerhard; Tracy C. Aston; Marina Tapia; KeAna Wapato; Bernadette Aleman; April Martinez; Donna Garcia; Samantha Fazzini; Rosa E. Rivas; or Meghan Hanes of Aon Risk Insurance Services West, Inc. of Los Angeles, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.S50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.

This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010:

RESOLVED, that, with respect to the Surety business written by Berkley Surety, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued.

IN WITNESS WHEREOF, the Company has caused these presents to Jt>e signed and attested by its appropriate officers and its corporate seal hereunto affixed this 9th day of Anril _ |/«\\\ By
I1SEAL I y
v 1975>
Attest
after Je
sidenl
JntS.u idennan
Executive Vice President & Secretary
Berkley Insurance Company
By-
Aoril 7020 . by Ira S. Ledeiman
Senior Vice President, Secretary, and
Notary Public, State of Connecticut

STATE OF CONNECTICUT )
) ss:

COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this 9th day of and Jeffrey M. Hafter who are sworn to me to be the Executive Vice Presideni respectively, of Berkley Insurance Company. "^tarypuS rc31

CONNECTICUT

MY COMMISSION EXPIRES
APRIL 30,2024

CERTIFICATE
L the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete-copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and-diaHhe authority-oFthe Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of atecfeed, is infill force aid effect as of this date.
(5 rVyffiyinritvT-TTTy hand and seal of the Company, this day of _ Vincent P. Forte
D|C2
41 Please verify the authenticity of the instrument attached to this power by:

Toll-Free Telephone: (866) 768-3534; or
Electronic Mail: [email protected]
Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to:

Berkley Surety Group
412 Mount Kemble Ave.

Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: [email protected]
Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains.

Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company and Berkley Regional Insurance Company
42 Bond Number: 0230604
Premium: Included in Performance
bond

CITY OF MARINA

BOND FOR SECURITY OF LABOR AND MATERIALS
WHEREAS, the City Council City of Marina, State of California, and Shea Homes Limited Partnership, a real property owner (hereinafter designated as "the principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated /WcU clt&C>X\, 2026, and identified as Public Improvement Agreement - Agreement For Improvement of Streets, Installation of Storm Drains and Other Public Works Facilities, "The Dimes on Monterey Bay" Project, Phase 2 East/Residential, is hereby referred to and made a part hereof; and WHEREAS, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with City of Marina to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California.

NOW THEREFORE, said principal and the undersigned Berkley Insurance Company as corporate surety, are held and firmly bound unto the City of Marina and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Five million Eight Hundred Twenty Thousand Dollars ($5,820,000.00) of lawful money of the United States, for materials furnished or labor thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the city in successfully enforcing this obligation to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under title 3 (commencing with Section 9100) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition, to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition to the terms of the agreement or to the work or to the specifications.
0230604 Shea - City of Marina Labor bond.docx
43 IN WITNESS WHEREOF, this instrument had been duly executed by the Principal and Surety above named, on the 22 day of December, 2020.

Name of Principal
By: Shea Homes Limited Partnership,
A California limited partnership
Its: Owner
A
Its: NQonaM/A Hofer
Vice Presid^it\Community Development
By:

Its: Matthew J. Henry
Vice President of Land Acquisition
Name of Surety:

Berkley Insurance Company
By: CAA^
\ '-Edward C. Spector, Attorney-in-Fact
Surety Address: 475 Steamboat Road, Greenwich CT 06830
Approvediisto Fo
Robert R. Wellington
City Attorney
0230604 Shea - City of Marina Labor bond.docx
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45 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF California )SS
COUNTY OF Alameda )
OfTW. ""7 I
Donald A Hofer and Matthew J Henry
before me, Kathy Lynn Barlow , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shc/they executed the same in his/her/their authorized capacitvflesT and that by his/her/their sianaturefsl on the instrument the person(s), or the entity upon behalf of which the person{s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. J* LYNN BARLOw
Notary Public - California
Signal M •
Alameda County
Commission ft 2230180
My Comm. Expires Mar 2, 2022
This area for official notarial seal.
i

OPTIONAL SECTION

CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
• INDIVIDUAL
• CORPORATE OFFICER(S) TTTLE(S):
• PARTNER(S) • LIMITED • GENERAL
• ATTORNEY-IN-FACT
• TRUSTEE(S)
• GUARDIAN/CONSERVATOR
• OTHER
SIGNER IS REPRESENTING:

Name of Person or Entity Name of Person or Entity

OPTIONAL SECTION
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT:

NUMBER OF PAGES DATE OF DOCUMENT

SIGNER(S) OTHER THAN NAMED ABOVE
Reproduced by <<!!Table Field EONAME Not Found!!>> 11/2007 46 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Los Angeles
On DEC 2 2 2020 before me, Sam Fazzini. Notary Public, personally appeared Edward C. Spector who proved to me on the basis of satisfactory evidence to be the person(s) whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signaturefs) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
ii
SAM FAZZINi I
COMM. #2192119 z
Notary Public • California §
Los Angeles County -*
My Comm. Expires Apr. 16,2021J
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
zv
Signature of NotaryJAib
47 . ' No. Bl-7951c-el

POWER OF ATTORNEY

BERKLEY INSURANCE COMPANY

WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.

IN WITNESS WHEREOF, the Company has caused these presents to he signed and attested by its appropriate officers and its corporate seal hereunto affixed this 9th day of April
Attest 'svjranq.

SEAL £
197*
Beikl Insurance Company
By
after Je
dent
InrS
Executive Vice President & Secretary

STATE OF CONNECTICUT )
) ss:

COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in foe State of Connecticut, this 9th day of and Jeffrey M. Hafter who are sworn to me to be foe Executive Vice President respectively, of Berkley Insurance Company, />//ai , ,
CONNECTICUT / ///WLOf^

MY COMMISSION EXPIRES
APRIL 30,2024
2020 . by Ira S. Ledennan
Senior Vice President, Secretary, and
Notary Public, State of Connecticut

CERTIFICATE
I, foe undersigned* Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that foe foregoing is a true, correct.ahd complete copy of foe original Power of Attorney; that said Power of Attorney has not been revoked or rescinded ^authority. of foe Attorney-in-Fact set forth therein, who executed foe bond or undertaking to which this Power of ^di^^isjn'fhiTforC; and effect a3 of this date. Off
ader-tny-hund and seal of the Company, this day of
SEAl
1975
Vincent P. Forte
48 Please verify the authenticity of the instrument attached to this power by:

Toil-Free Telephone: (866) 768-3534; or
Electronic Mail: [email protected]
Any written notices, inquiries, claims or demands to the Surety on the bond attached to this power should be directed to:

Berkley Surety Group
412 Mount Kemble Ave.

Suite 310N
Morristown, NJ 07960
Attention: Surety Claims Department
Or
Email: BSGCIaim(5> berkleysurety.com
Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond please also identify the project to which the bond pertains.

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,
APPROVING A REQUEST BY THE CONTRACTING PARTIES OF 104

INVESTMENTS, LLC, LOCANS INVESTMENTS, LLC, WATHEN
CASTANOS PETERSON HOMES, INC., WATHEN CASTANOS
PETERSON COASTAL, LP, AND MARINA DEVELOPERS, INC., TO

RELEASE A PORTION OF THE PERFORMANCE SECURITY FOR
PUBLIC IMPROVEMENTS IN THE SEA HAVEN PHASE 4A AREA IN
THE AMOUNT OF $3,351,867, ACCEPTING A SUBSTITUTE
PERFORMANCE BOND SECURITY OF $335,186.70 FOR REMAINING

PUNCH LIST ITEMS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE RELEASE AGREEMENTS ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY

REQUEST:

It is requested that the City Council consider adopting Resolution No. 2024-:

1. Approving a request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4A area in the amount of $3,351,867,

2. Accepting a substitute performance bond security of $335,186.70 for the remaining punch list items, and;

3. Authorizing the City Manager to execute the release agreement s on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of June 7, 2022 , the City Council adopted Resolution s No. 2022-81, approving the Public Improvement Agreement between City of Marina (City) and the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc. (Developer), to construct public improvements in the Sea Haven Phase 4A area. The Contracting Parties, as required by the Public Improvement Agreement, filed with the City Clerk performance bonds in the combined amount of $3,351,867 to guarantee completion of public improvements within Phase 4A as described in the Agreements (“EXHIBIT A”).

1 ANALYSIS:

On September 25, 2024 , City staff received a written request from the Developer to reduce the performance bond by 90% and accept a substitute performance bond of 10% of the original bond amount for remaining punch list items . The Agreement with the Developer does not require acceptance prior to 100% completion. Government Code §66499.7 permits the Developer to seek a partial release of its performance bond following verified satisfactory completion of at least 80% of the work . A partial release of performance security does not operate as an acceptance of the completed improvements and the risk of loss and responsibility for maintenance remains with the Developer until acceptance.

The Public Improvement Agreements with the Developer provide for security in the form of a performance bond in the total amount of the contract price (for t his agreement, the total price is $3,351,867). There is a one-year warranty period following acceptance for which the performance bond may serve as security or, alternatively, the developer may substitute a warranty bond in the amount of 10% of the total contract price.

Staff has confirmed that a substantial portion representing 90% of the public improvements has been completed in accordance with documentation submitted by the Developer and in conformance with the approved Improvement Plans (see “EXHIBIT B”). The remaining punch list items include site striping and signage, and staff is assured that these improvements will be completed for final acceptance of all improvements.

The Developer shall provide substitute security in the amount of $335,186.70 in place of the original $3,351,867 in performance security. The Developer has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanical lien claims.

FISCAL IMPACT:

There is no fiscal impact as City inspections have shown approximately $3,351,867 in improvements has been completed per approved plans and any failure to complete the public improvements is covered by the substitute security in the amount of $335,186.70.

CEQA Findings:

The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
City of Marina

2 REVIEWED/CONCUR:

__________________________
Nourdin Khayata, P.E.

Interim Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

3 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING A REQUEST BY THE CONTRACTING PARTIES OF 104

INVESTMENTS, LLC, LOCANS INVESTMENTS, LLC, WATHEN
CASTANOS PETERSON HOMES, INC., WATHEN CASTANOS PETERSON COASTAL, LP, AND MARINA DEVELOPERS, INC., TO RELEASE A

PORTION OF THE PERFORMANCE SECURITY FOR PUBLIC
IMPROVEMENTS IN THE SEA HAVEN PHASE 4A AREA IN THE
AMOUNT OF $3,351,867, ACCEPTING A SUBSTITUTE PERFORMANCE BOND SECURITY OF $335,186.70 FOR REMAINING PUNCH LIST ITEMS,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELEASE

AGREEMENTS ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW

AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of June 7, 2022, the City Council adopted Resolutions No. 2022- 81, approving the Public Improvement Agreement between City of Marina (City) and the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc. (Developer), to construct public improvements in the Sea Haven Phase 4A area. The Contracting Parties, as required by the Public Improvement Agreement, filed with the City Clerk performance bonds in the combined amount of $3,351,867 to guarantee completion of public improvements within Phase 4A as described in the Agreements (“EXHIBIT A”), and;

WHEREAS, on September 25, 2024, City staff received a written request from the Developer to reduce the performance bond by 90% and accept a substitute performance bond of 10% of the original bond amount for remaining punch list items. The Agreement with the Developer does not require acceptance prior to 100% completion. Government Code §66499.7 permits the Developer to seek a partial release of its performance bond following verified satisfactory completion of at least 80% of the work. A partial release of performance security does not operate as an acceptance of the completed improvements and the risk of loss and responsibility for maintenance remains with the Developer until acceptance, and;

WHEREAS, the Public Improvement Agreements with the Developer provide for security in the form of a performance bond in the total amount of the contract price (for this agreement, the total price is $3,351,867). There is a one -year warranty period following acceptance for which the performance bond may serve as security or, alternatively, the developer may substitute a warranty bond in the amount of 10% of the total contract price, and;

WHEREAS, staff has confirmed that a substantial portion representing 90% of the public improvements has been completed in accordance with documentation submitted by the Developer and in conformance with the approved Improvement Plans (see “EXHIBIT B”). The remaining punch list items include site striping and signage, and staff is assured that these improvements will be completed for final acceptance of all improvements, and;

WHEREAS, the Developer shall provide substitute security in the amount of $335,186.70 in place of the original $3,351,867 in performance security. The Developer has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanical lien claims, and;

4 Resolution 2024-
Page Two

WHEREAS, there is no fiscal impact as City inspections have shown approximately $3,351,867 in improvements has been completed per approved plans and any failure to complete the public improvements is covered by the substitute security in the amount of $335,186.70. The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

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

1. Approve a request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP, and Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 4A area in the amount of $3,351,867,

2. Accept a substitute performance bond security of $335,186.70 for the remaining punch list items, and;

3. Authorize the City Manager to execute the release agreements on behalf of the City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of October 2024, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

____________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________________
Anita Shepherd-Sharp, Deputy City Clerk

5 EXHIBIT A TO

STAFF REPORT
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
t:\monterey projects\4007 - sea haven\docs\cooresp\letters\4007 4a wch_03.docx Dana Gillespie September 25, 2024

WCH DEVELOPERS
735 Tank Farm Rd Suite 100
San Luis Obispo, CA 93401
Re: Sea Haven Phase 4A
Project Completeness Summary
Per your request, a site visit was performed at Sea Haven Phase 4A to evaluate the status of subdivision improvements in relation to the Revision 6 Sea Haven Phase 4 Improvement Plans by Whitson Engineers, dated 8/7/2024. We found that the Phase 4A subdivision improvements to be substantially complete with the following items remaining:
• Minor pavement imperfections in select areas that have been identified on a City Punch List.
• Manhole rims to be raised to grade at MacArthur Drive near the conform to existing.
• Minor Signing and Striping at select streets to be completed:
o Lamont Way and Madera Way parking
o MacArthur Ave conform
o Road and lane conforms along Carmel Avenue
▪ Arroyo Drive north and south intersections
▪ Samwill Court (all three intersections)
▪ Santa Ynez
▪ Santa Lucia
▪ Lane 3 and Lane 7
• Incomplete ramp at El Capitan Drive and MacArthur Drive (awaiting PG&E utility completion).
• Rubicon Court pavement at stub street to Phase 4B.
• Incomplete sidewalk/ramp at the Arroyo Drive / Carmel Ave intersection (awaiting utility completion).

The current Phase 4A performance bond amount is $3,351,867 and we concur that a 90% performance bond reduction would provide ample remaining security to complete the phase ($335,186.70).

Sincerely,
Whitson Engineers
Andrew Hunter PE | Principal
RCE 67730

EXHIBIT B TO STAFF
REPORT
30 RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT SETTLING SGMA AND

REVERSE VALIDATION LITIGATION
(MONTEREY COUNTY SUPERIOR COURT NO. 19CV005270)
(COURT OF APPEAL, SIXTH DISTRICT NO. H049575)
(MONTEREY COUNTY SUPERIOR COURT NO. 20CV002436)
(MONTEREY COUNTY SUPERIOR COURT NO. 21CV000493)
(MONTEREY COUNTY SUPERIOR COURT NO. 23CV001400)
-o0o-
WHEREAS, the City of Marina has been involved in Monterey Superior Court Case No . 19CV005270 (entitled City of Marina, et al. v. County of Monterey, et al .) (“SGMA Action”) at the trial and appellate court levels; and following briefing and argument at the appellate court, the Court of Appeal issued a remittitur on February 15, 2024 to send the matter back to the trial court; and
WHEREAS, the City of Marina has been involved several reverse validation actions at the trial court level: an action entitled California-American Water Company v. All Persons Interested, et al., in Monterey County Superior Court (Case No. 20CV002436); an action entitled City of Marina, et al. v. All Persons Interested, et al ., in Monterey County Superior Court (Case No. 21CV000493); and an action entitled City of Marina, et al. v. All Persons Interested, et al ., in Monterey County Superior Court (Case No. 23CV001400); and WHEREAS, the parties to the above -referenced litigation have been involved in lengthy settlement negotiations, and have now reached agreement on terms and conditions pursuant to which each of the above-referenced actions will be fully resolved and closed; and WHEREAS, this Council has reviewed and considered the settlement terms contained in the proposed settlement agreement, entitled “Settlement Agreement” (the “Agreement,” hereafter), agrees with the terms therein, and desires to settle all of the above-referenced litigation and approve the Agreement.

Agenda Item: 10f(4)
October 15, 2024
1 Resolution No.

Page 2 ends

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Marina that it (1) does hereby authorize the execution of the Agreement, (2) does authorize and direct the City Manager to execute the Agreement for and on behalf of the City, and (3) does direct the City Manager to lodge a fully executed counterpart of the Agreement with the City Clerk.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of October 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Bruce Delgado, Mayor
ATTEST:

Anita Sharp, City Clerk

10496065
2 SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”), effective as of October __, 2024, is entered into by and among the City of Marina (“City”), Marina Groundwater Sustainability Agency, and Marina City Council (collectively “Marina”); the County of Monterey, Monterey County Board of Supervisors, and County of Monterey Groundwater Sustainability Agency (collectively “County”); Salinas Valley Basin Groundwater Sustainability Agency and Board of Directors of Salinas Valley Basin Groundwater Sustainability Agency (collectively “SVBGSA”); and California-American Water Company (“Cal-Am”). Marina, County, SVBGSA and Cal-Am are sometimes each referred to herein as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Parties are each a party to some or all of four legal actions currently pending in Monterey County Superior Court and, by entering into this Agreement, the Parties intend to enter into a global settlement of all outstanding claims in each of these actions on the terms set forth below.

WHEREAS, on December 30, 2019, the City of Marina and Marina Groundwater Sustainability Agency filed an action entitled City of Marina, et al. v. County of Monterey, et al, Monterey County Superior Court, No. 19CV005270 (“SGMA Action”). The Court entered judgment in this action on September 27, 2021. Marina filed an appeal of this judgment and the County filed a cross-appeal. On November 13, 2023, the Court of Appeals for the Sixth Appellate District entered an opinion affirming the trial court judgment and on February 15, 2024, after a petition for review was denied by the California Supreme Court, the Court of Appeal issued a remittitur to Monterey County Superior Court.

WHEREAS, on September 9, 2020, Cal-Am filed a Complaint for Reverse Validation against Marina in an action entitled California-American Water Company v. All Persons Interested, et al., in Monterey County Superior Court (Case No. 20CV002436)(“Cal-Am RV Action”). Marina, County and SVBGSA each filed an answer in this action, as did Marina Coast Water District. After the answers were filed, this case was stayed by the Court.

WHEREAS, on February 16, 2021, the City of Marina and Marina Groundwater Sustainability Agency filed a Complaint for Reverse Validation against the County and SVBGSA in an action entitled City of Marina, et al. v. All Persons Interested, et al., in Monterey County Superior Court (Case No. 21CV000493) (“Marina RV Action #1”). The County, SVBGSA and Cal-Am each filed an answer in this action. After the answers were filed, this case was stayed by the Court.

WHEREAS, on May 3, 2023, the City of Marina and Marina Groundwater Sustainability Agency filed a Complaint for Reverse Validation against the County and SVBGSA in an action entitled City of Marina, et al. v. All Persons Interested, et al., in Monterey County Superior Court (Case No. 23CV001400) (“Marina RV Action #2”). The County, SVBGSA and Cal-Am each filed an answer in this action. After the answers were filed, this case was stayed by the Court.
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WHEREAS, the Parties want to settle all remaining disputes, obligations and potential claims for costs and attorneys’ fees in the SGMA Action, as well as all disputes, obligations and claims in the stayed Cal-Am RV Action, Marina RV Action #1 and Marina RV Action #2 on the terms and conditions set forth below.

AGREEMENT

NOW, THEREFORE, based on the Recitals above, each of which is incorporated herein by reference, and in consideration of the mutual terms and conditions set forth below, it is hereby agreed by the Parties as follows:

1. Payments: The Parties have discussed the claims of various Parties for costs and potentially attorneys’ fees’ arising from the judgment in the SGMA Action and in connection with further litigation in the Cal-Am RV Action, Marina RV Action #1, and Marina RV Action #2. The Parties agree that they want to avoid the client time, transaction costs and uncertainties associated with litigating these issues now or in the future. In connection with this settlement, the City of Marina agrees to pay the following amounts:

(A) The City will pay $5,643.95 to Cal-Am for its incurred costs in the SGMA Action.

(B) The City will pay $50,000.00 to Salinas Valley Basin Groundwater Sustainability Agency, consisting of $17,244.00 for its incurred costs in the SGMA Action and $32,756 for SGMA implementation or a scientific investigation or study relating to groundwater sustainability within the 180/400 Foot Aquifer or Monterey Subbasins, to be jointly agreed upon by SVBGSA and Marina (and the County if it chooses to participate) and then overseen by SVBGSA as discussed further in paragraph 2 herein. This payment is not a payment for attorneys’ fees incurred by SVBGSA in the SGMA Action.

(C) The City will pay $220,000 to the County of Monterey, consisting of $50,000 in incurred costs in the SGMA Action, and the balance for Marina’s avoided transaction costs anticipated in further litigation. This payment is not a payment for attorneys’ fees incurred by County in the SGMA Action.

Each of these payments will be made within 45 days after the Effective Date of this Agreement by check delivered to counsel for each Party.

2. Groundwater Sustainability Plan Meeting: SVBGSA will convene a substantive meeting with Marina within 60 days after the Effective Date of the Agreement to discuss the City’s substantive concerns with the current SVBGSA Groundwater Sustainability Plan (“GSP”). The County, at its option, may also attend with representatives. Each Party will attend with one or more identified principals and technical consultants, but no legal counsel for any Party will attend this meeting. The attending Parties agree to confer in good faith to discuss and attempt to resolve the GSP issues, but no Party commits to any follow-up action or meeting at this time. The meeting’s topics, and technical information and documents exchanged, will be 4 3
considered public records. This meeting will also address the SVBGSA’s use of $32,756 as referenced above.

3. Dismissals: The Parties agree that (A) Cal-Am will dismiss with prejudice the Cal-Am RV Action, (B) Marina will dismiss with prejudice Marina RV Action #1 and Marina RV Action #2, and (C) no Party that filed an answer to a reverse validation action shall seek to file a further action pursuant to Code of Civil Procedure Section 867.5 after these dismissals. All Parties agree that they will each bear their own attorneys’ fees and costs for and in connection with the Cal-Am RV Action, Marina RV Action #1, and Marina RV Action #2.

Each Party agrees to cooperate with Cal-Am and Marina, as needed, to facilitate the dismissals of these three actions. The dismissals shall be filed within 15 days of the Effective Date.

4. Representations and Warranties:

(a) Each Party represents and warrants that it: (1) has full power and authority to enter into this Agreement and bind itself to this Agreement, and has received all necessary approvals and authorizations from any governmental bodies, agencies, officials, and courts or other tribunals; and (2) has not relied upon any representations or statements, whether written or oral, except those representations and statements set forth in this Agreement. Each Party represents and warrants that its execution, delivery, and performance under this Agreement will not violate or constitute a default under any applicable law or regulation or its charter documents (if any), any agreement or other instrument binding upon it or any of its subsidiaries or assets, or any judgment, order, or decree of any governmental body, agency, official, or court having jurisdiction over it.

(b) Each Party expressly represents and warrants that, prior to the execution of this Agreement, such Party has read this Agreement, understands all of its terms, and has reviewed (or has had the opportunity to review) it with legal counsel, accounting and tax consultants and other advisors of its choosing, and acknowledges that the other Party is expressly relying upon this representation and warranty.

(c) Each Party expressly represents and warrants that this Agreement is executed voluntarily and with full knowledge of its significance.

(d) Each Party represents and warrants that it has not taken or failed to take any action that would prevent such Party from performing its duties or obligations under this Agreement or deprive any other Party of the benefits of this Agreement.

5. No Admission: This Agreement is the direct result of a compromise of disputed allegations and claims. As such, this Agreement shall not, for any purpose, be considered as an admission of liability or responsibility by Marina, County, SVBGSA or Cal-Am, nor shall the payment of any consideration by Marina constitute or be construed as an admission of any liability or responsibility by Marina, which expressly denies any such liability or responsibility.

6. Breach of Agreement: If any Party breaches its obligations under this Agreement, any other Party must send a written notice of breach to the allegedly breaching Party 5 4
which specifies the nature of the breach and which gives the Party 30 days to cure the breach.

During this 30-day period, the Parties should also make good faith efforts to informally resolve any alleged breach. If a breach is not cured or resolved during this period, a Party sending the written notice may initiate a legal action to address the alleged breach.

7. Notices: Any notices or other communications provided pursuant to this Agreement shall be in writing and shall be given by certified Unites States mail, return receipt requested, addressed as set forth below, or by electronic mail addressed as set forth below:

Notice to Marina:

Paul P. Spaulding, III
Shartsis Friese LLP
425 Market Street, Eleventh Floor
San Francisco, CA 94105
Email: [email protected]

Notice to County:

Meredith E. Nikkel
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Email: [email protected]

Notice to SVBGSA:

Dustin C. Cooper
Minasian Law LLP
1681 Bird Street
P.O. Box 1679
Oroville. CA 95965-1679
Email: [email protected]

Notice to CalAm:

Winston P. Stromberg
Latham & Watkins LLP
355 South Grand Avenue, Suite 100
Los Angeles, CA 90071-1560
Email: [email protected]

The foregoing individuals and addresses for a Party may be changed by a notice given in accordance with this section. If the date of delivery or receipt of any notice to be given hereunder falls on a weekend or legal holiday, then the date of receipt shall automatically be deemed extended to the next business day for purposes of calculating time periods. 6 5

8. Attorneys’ Fees and Costs: Each Party shall bear its own attorneys’ fees and costs in negotiating this settlement and in connection with the preparation and execution of the Agreement. Other than the payment amounts set forth in Paragraph 1 above, no Party shall seek or be entitled to receive any costs or fees from any other Party that arise out of or are related to the SGMA Action, Cal-Am RV Action, Marina RV Action #1 or Marina RV Action #2.

9. Applicable Law: This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of California.

10. Counterparts/Signatures: This Agreement may be executed in multiple counterparts, each of which shall evidence one and the same agreement. Facsimile and/or electronic copies of the Parties’ original signatures to this Agreement transmitted by mail or electronic mail transmission shall be deemed originally executed and binding counterparts of the Agreement.

11. Entire Agreement: This Agreement contains the entire agreement of the Parties pertaining to the subject matter contained in it and supersedes any and all prior and/or contemporaneous negotiations, correspondence, understandings, representations, letters of intent and agreements. The Parties, and each of them, understand and agree that this Agreement is not made with reliance upon any inducement, statement, promise or representation other than those contained within this Agreement.

12. Modification or Amendment: This Agreement shall not be modified or amended except by an instrument in writing signed by all Parties to the Agreement.

13. Authority: Each of the persons signing the Agreement on behalf of an entity represents and warrants that he or she has actual authority and capacity to execute this Agreement on behalf of the entity and to bind it to all of the terms of the Agreement.

14. Effective Date: The Effective Date of the Agreement is the date on which the last Party signature is made.

IN WITNESS HEREOF, the undersigned have caused this Agreement to be authorized by their duly authorized representatives.

Dated: October ___, 2024 City of Marina, Marina Groundwater Sustainability Agency and Marina City
Council

By:

Its:

7 6

Dated: October ___, 2024 County of Monterey Groundwater Sustainability Agency, County of Monterey,
and Monterey County Board of Supervisors

By:

Its:

Dated: October ___, 2024 Salinas Valley Basin Groundwater Sustainability Agency and Board of Directors
of Salinas Valley Basin Groundwater
Sustainability Agency

By:

Its:

Dated: October ___, 2024 California-American Water Company

By:

Its:

10472827
8 October 15, 2024 Item No. 10g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 24-,

APPROVING AN AGREEMENT BETWEEN THE CITY OF MARINA
AND M3 ENVIRONMENTAL, LLC FOR ON-CALL PROFESSIONAL

SERVICES IN THE DISCIPLINES OF HAZARDOUS MATERIALS

TESTING AND MONITORIN G, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY.

REQUEST:

It is requested that the City Council:

1. Adopt Resolution No. 2024-, approving an agreement between the City of Marina and M3 Environmental LLC for on-call professional services in the discipline of Hazardous Materials Testing and Monitoring, and;

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

BACKGROUND:

The City regularly enters into various professional services contracts to support development approvals and delivery of capital improvements. Examples of professional services that have been used in the past and are anticipated in the future are environmental and traffic studies of the impacts of proposed developments that are paid for through fee agreements with developers. Professional design and testing services also support the delivery of project s within the capital improvement program. This process was effectively used over the past six years to provide the various professional services required for City business.

On May 7, 2024, the City Council approved the recommendation to solicit proposals for on -call professional services to streamline the contracting process and allow staff to focus limited staff hours on project delivery and development review.

On May 16, 2024, staff advertised a Request for Statement of Qualifications (RF Q) for on -call professional services. The City asked for Statements of Qualifications (SOQ s) from consulting firms for nine service areas, including Hazardous Materials Testing and Monitoring Services. On June 14, 2024, the City received one proposal for the Hazardous Materials Testing and Monitoring Services from M3 Environmental, LLC . An initial screening of the proposals determined that proposal from M3 was a responsive submittal and eligible for evaluation.

City staff from the Engineering Division and Planning Division reviewed and rated the proposals.

1 ANALYSIS:

The use of on -call services has been effectively used to streamline the development approval process and delivery of capital improvement projects. Many of the professional service agreements the City enters into are under $25,000 and involve seeking proposals from firms specializing within their respective fields of service. This resul ts in a repetitive process to qualify firms for professional service agreements with the City. Use of on -call professional service contracts reduces the staff time needed to contract for services.

The total amount of consultant work to be requested and performed during each fiscal year term for each consultant cannot be well defined at the outset. However, the consultants will work on an on-call basis as defined by the City on a project-by-project basis. Accordingly, all work performed under the agreements will be pursuant to indivi dual service orders that will have a specifically defined scope and schedule that will be negotiated on a project -by-project basis. Further, the individual agreements will acknowledge that the individual service orders will dictate the work done under each agreement, up to the not to exceed amount.

Staff recommends that the contract term be set to expire on June 30, 2027, with the option to extend for one additional year. The contract limit would be $300,000 per fiscal year, per consultant agreement, although the limit is not anticipated to be reached. EXHIBIT A is a copy of the draft consultant services agreement for the selected consultant.

FISCAL IMPACT:

This action only addresses the contracting process. The work to be performed under these on-call agreements has been budgeted for various projects in the Capital Improvement Program. There is no City obligation to expend any funds under these agreements. Staff will expend funds under these agreements to the extent authorized via City Council approved budget appropriations.

CEQA Findings:

The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

CONCLUSION:

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

Nourdin Khayata, P.E.

Interim Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2024-
APPROVING AGREEMENTS BETWEEN THE CITY OF MARINA AND M3
ENVIRONMENTAL, LLC. FOR ON-CALL PROFESSIONAL SERVICES IN THE

DISCIPLINE OF HAZARDOUS MATERIALS TESTING AND MONITORING, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF

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

ATTORNEY
WHEREAS, the City has a need to contract with consulting firms for professional services to support the delivery of capital improvement projects and the review and approval of proposed developments; and
WHEREAS, the selection process for professional services can be efficiently accomplished by establishing a number of on-call professional services contracts with various consulting firms; and WHEREAS, on May 7, 2024, the City Council adopted resolution 202 4-39 authorizing staff to solicit proposals for on-call professional services; and WHEREAS, on May 16, 2024, staff advertised a Request for Statement of Qualifications (RFQ) for on-call professional services in the areas of hazardous materials testing and monitoring; and WHEREAS, on June 14, 2024, the City received one proposals for the hazardous materials testing and monitoring service area from M3 Environmental, LLC. in response to the RFQ; and WHEREAS, City staff from the Engineering Division and Planning Division reviewed the proposal and selected M3 Environmental, LLC. based on their local familiarity, example projects, expertise, and proposal; and
WHEREAS, staff recommends approving the consulting services agreements for M3 Environmental, LLC.; and
WHEREAS, consultant contract will be set to expire on June 30, 202 7 with the option to extend the period of the contract by one year, and the contract limit for each consultant agreement will be $300,000 per fiscal year; and
WHEREAS, the City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

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

1. Approves agreements between the City of Marina and M3 Environmental, LLC. for on- call professional services in the disciplines of hazardous materials testing and monitoring; and

2. Authorizes the City Manager to execute the agreements with the selected firms substantially in the form in Attachment 2 on behalf of the City, subject to final review and approval by the City’s Attorney.
3 Page Two
Resolution No 2024-

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of October 2024, by the following vote:

AYES: COUNCIL MEMBERS: Medina Dirksen, Burnett, Berkley, Biala, Delgado NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

_________________________
Bruce C. Delgado, Mayor

ATTEST:

____________________________
Anita Sharp, Deputy City Clerk

4 1
CITY

OF MARINA
AGREEMENT FOR ON-CALL_________________SERVICES
THIS AGREEMENT is made and entered into on____________ _____, 2022, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and _________________, a California_________________, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals
A. City desires to retain Contractor for on-call_________________services associated with various City projects described generally by Exhibit A – Contractor shall provide services pertaining to City projects and shall perform standby and support services for City as determined by the City Engineer.

B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services in accordance with the terms of individual service orders as set forth herein.

C. City desires to retain Contractor to provide such services.

Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work.
(a
) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the term of the Agreement.

With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) All work performed under this Agreement shall be authorized in advance and in writing by a specific Service Order prior to the commencement of services. Each Service Order given by the City shall describe the nature of the specific task or service to be performed by the Contractor, the time limit or estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Contractor shall perform, the geographic limits, if any, the type and scope of task or services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Contractor shall not perform any task or service unless authorized by a fully executed Service Order. Contractor shall advise the Project Administrator in writing immediately of any anticipated change in any task or service, fee or time schedule, and shall obtain the Project Administrator’s prior written consent to the change prior to making any changes. In no event shall the Project Administrator’s consent be construed to

EXHIBIT A
5 2
relieve the Contractor from its duty to render all services or perform all tasks in accordance with applicable law and accepted industry standards.

(c) Contractor shall begin work under the Service Order only after receipt of the Service Order bearing the approval signature of the City Engineer. Each authorized Service Order issued under this Agreement by City shall be incorporated by reference as an integral part of Exhibit A and into the terms and conditions of this Agreement.

(d) The City’s Project Administrator may, without invalidating this Agreement, order changes in any tasks or service to be performed pursuant to a Service Order by altering, adding to or deducting from the task or services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such change causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the tasks or services, the Contractor shall so notify the Project Administrator. If appropriate an equitable adjustment to the Contractor’s compensation may be made, provided that any adjustment must be pre-approved by the parties in writing; with the City’s approval coming from the Project Administrator.

(e) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.

(f) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(c)(1-4), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(g) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(h) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work described in Exhibit “A" and the executed Service Orders. Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

EXHIBIT A
6 3
(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on _________________, 2024, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the officer or employee authorized to give such approval, and;

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form, and;

(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) This Agreement may be extended up to one (1) year upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed under any Service Order, which schedule shall be approved by the City’s Project Administrator and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in accordance with the provisions of this Section and the hourly rates attached hereto as Exhibit B and incorporated herein by this reference. The total annual compensation under this agreement shall be limited to __________________________________per fiscal year, which runs from July 1 to June 30, and the remainder of the first fiscal year of the Agreement.

(b) The City will pay the Contractor under Service Orders on a time and materials/reimbursable expenses (T&M) basis. The hourly rate and reimbursable schedule in Exhibit B applies to all Service Orders.

(c) This Agreement is for Contractor to perform “on call” services or tasks and as such it is a standby Agreement to assign work to the Contractor from time-to-time as needed and as appropriate. There is no minimum compensation for this engagement or for any work assigned pursuant to this On-Call Agreement and no guarantee that any work will be assigned to Contractor during its term.

(d) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) not more frequently than once during every month and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

EXHIBIT A
7 4
(e) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.

Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.

(f) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of a Service Order but which is not included within the Service Order and which the parties did not reasonably anticipate would be necessary at the execution of the Service Order.

(f) Expenses not otherwise addressed in the Service Order or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)) and reimbursed to Contractor.

4. Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator the Public Works Director/City Engineer, Brian McMinn, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

EXHIBIT A
8 5

(b) Contractor designates , as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term as designated in Service Orders.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete each Service Order on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the task or service any of its personnel assigned to the performance of services upon written request of City. Contractor may be required to represent to City that certain key personnel will perform and coordinate the work under a Service Order. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City Administrator. In the event that City Administrator and Project Manager cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, Contractors, persons, employees or firms having applicable expertise to assist Contractor in performing tasks or services under this Agreement, Contractor shall obtain City's prior written approval to such employment.

Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.

(b) If work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees . Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.

8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City.

Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in any Service Order, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

EXHIBIT A
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9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and the applicable Service Order, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and the applicable Service Order and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

10. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.

(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising there from.

EXHIBIT A
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11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

12. Non-Discrimination.

(a) The Contractor’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Contractor has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

(b) During the performance of this Agreement, Contractor and its sub-contractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

(c) Contractor and sub-contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

(d) Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

(e Contractor and its sub-contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

(f) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.

13. Indemnification & Hold Harmless.

(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hold harmless the City, its Council, boards, commissions, employees, officials

EXHIBIT A
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and agents (collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The duty to defend is a separate and distinct obligation from the Contractor’s duty to indemnify and Contractor shall be obligated to defend in all legal, equitable, administrative or special proceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final judgment including exhaustion of any appeals.. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally determined that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional, or such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Party, however, Design Professional’s obligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful misconduct of an Indemnified Party the Design Professional’s indemnification obligation shall be reduced in proportion to the established comparative liability. Within 30 days following Design Professional’s receipt of a properly presented written invoice Design Profession shall reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein. In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.

(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to provide an immediate defense to any Indemnified Party, as provided above, Contractor, upon notice from the City, shall defend the

EXHIBIT A
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Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended. If it is finally adjudicated that liability for which Contractor has provided an immediate defense was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Contractor may submit a claim to the City for reimbursement of reasonable attorney’s fees and defense costs.

(e) This obligation to indemnify and defend, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.

14. Insurance.

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof and as may be required for any Service Order. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required for any Service Order issued as provided herein by giving Contractor ten days advance written notice of such change.

(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.

(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non-availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may

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apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.

15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

16. Claims for Labor and Materials . Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.

18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement, including, without affecting Contractor’s cost or compensation, advancing their mutual commitment to and recognition of the value of diversity and inclusion in the workforce.

19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.

The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance with Laws.

(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement. , those dealing with prevailing wages, apprentices, certified payrolls and hours of work.

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(b) Contractor shall c onduct all work in strict accordance with applicable regulations and guidelines adopted by the California Department of Public Health (CDPH) and the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health, Safety for the prevention of COVID-19 and the regulations and guidelines for the prevention of COVID - 19 adopted by the County of Monterey and by the City.

(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

(d) This Agreement is not intended and shall not be utilized for a public work as that term is used in California Labor Code Section 1720 et seq.

21. Assignment or Transfer . This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148

To Contractor:

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

23. Amendments, Changes or Modifications . This Agreement and any Service Order are not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure . Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement and any Service Order if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

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25. Attorney's Fees . In the event of any controversy, claim or dispute relating to this Agreement, any Service Order, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

26. Successors and Assigns . All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.

27. Authority to Enter Agreement . Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement and any Service Order.

Each party warrants that the individuals who have signed this Agreement and shall sign Service Orders have the legal power, right and authority to make this Agreement and bind each respective party.

28. Waiver. A waiver of a default of any term of this Agreement or the terms and conditions of any Service Order shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

29. Severability. Should any portion of this Agreement or any Service Order be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

32. Counterparts. This Agreement and any Service Order may be signed in counterparts, each of which shall constitute an original.

33. Time. Time is of the essence in this contract.

34. Entire Agreement . This Agreement together with the Service Orders to be issued hereunder contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. . The exhibits attached hereto and the Service Orders to be attached as part of Exhibit A are incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and any exhibit of Service Order, the terms of this Agreement shall control.

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IN WITNESS WHEREOF , Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.

CITY OF MARINA CONTRACTOR

By:

Name: Layne P. Long Name:

Its: City Manager Its:

Date: Date:

Attest:

Per Resolution 2022 - ___

By:

Anita Shepherd-Sharp
Deputy City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
17 EXHIBIT A

GENERAL DESCRIPTION OF SERVICES

[Individual Service Orders to be attached as executed and are incorporated herein and made a part of this Agreement.]

EXHIBIT A
18 EXHIBIT B

HOURLY RATE AND REIMBURSABLE SCHEDULE

EXHIBIT A
19 C-1
Exhibit C - Insurance

Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor's work or presence on City premises.

Contractual liability coverage is a required inclusion in this insurance.

Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for all coverages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000). Contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two mission dollars ($2,000,000), and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage.

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Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.

Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off-road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

If automobile insurance is required for work under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self-Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law.

Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee As Its Interest May Appear in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.

Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession, in a form and amount approved by the City Attorney and Risk Manager, will be specified on a Service Order-specific basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of work or services. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.

EXHIBIT A
21 C-3

Contractor and City further agree as follows:

a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.

c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

d) Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.

f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.

g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications.

h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

i) Contractor agrees to provide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete

EXHIBIT A
22 C-4
the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.

j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

k) Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.

m) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

n) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.

o) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.

p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.

r) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.

EXHIBIT A
23 C-5

s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work.

u) City reserves the right to modify the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.

EXHIBIT A
24 October 9, 2024 Item No: 10g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,
APPROVING AMENDMENT NO. 8 TO THE AGREEMENT BETWEEN

CITY OF MARINA AND SAVE THE WHALES OF SEASIDE ,

CALIFORNIA, TO PROVIDE PROFESSIONAL SERVICES FOR THE
CITY OF MARINA’S STORM WATER PROGRAM, AUTHORIZING

THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING

AND BUDGETARY ENTRIES, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY.

REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 20 24-, approving Amendment No. 8 to the agreement between the City of Marina and Save the Whales of Seaside , California, to provide professional services for the City of Marina’s Storm Water Permit Program, and;

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

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

BACKGROUND:

On February 5, 2013, the State Water Quality Control Board adopted new National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater permit requirements, requiring the City to submit a Notice of Intent for coverage under the new permit by July 1, 2013. The Permit term was for five years ending on June 30, 2018.

To fulfill the City’s Program Management requirements, including its needed Public Education & Public Outreach (PE/PO) program under the current NPDES Phase II permit, the City contracted program support for the first two permit years with Save the Whales of Seaside, California.

At the regular meeting on December 15, 2015, the City Council adopted Resolution No. 201 5- 148, approving a one-year agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 3.

With the additive general Permit supplemental reporting to the expanding Stormwater Program requirements, staff sought to better evaluate the scope and value of the program’s consultant support provided for the City’s Stormwater Program. On November 2, 2016 staff issued a request for proposals (RFP) for Public Education and Outreach as well as Program Support for the additional permit elements.

1 At the regular meeting on March 7, 2017, the City Council adopted Resolution No. 2017 -21, approving an agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 4 (“EXHIBIT A”).

At the regular meeting on November 7, 2017, the City Council adopted Resolution No. 2017 - 100, approving Amendment No. 1 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 5.

At the regular meeting on October 16, 2018, the City Council adopted Resolution No. 2018 -121, approving Amendment No. 2 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 6.

At the regular meeting on October 15, 2019, the City Council adopted Resolution No. 2019 -108, approving Amendment No. 3 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 7.

At the regular meeting on October 6, 2020, the City Council adopted Resolution No. 2020 -135, approving Amendment No. 4 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 8.

At the regular meeting on October 19, 2021, the City Council adopted Resolution No. 2021 -112, approving Amendment No. 5 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 9.

At the regular meeting on October 18, 2022, the City Council adopted Resolution No. 2022 -126, approving Amendment No. 6 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 10.

At the regular meeting on October 17, 2023, the City Council adopted Resolution No. 2023 -104, approving Amendment No. 7 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 11.

ANALYSIS:

Since the adoption of the current Phase II Stormwater Permit in 2013, the permit requirements outline a steady increase in permit regulations per year. The City’s Stormwater program has complied with the escalating permit requirements through a joint effort of City staffing and consulting services.

As summarized to the City Council at the December 15 th, 2015 meeting, the Regional Water Board who regulates local agency’s compliance to the Permit has enacted three additional provisions that affect local agencies during Permit Year 4 and 5: Industrial General Permit Requirements, the New Statewide Trash Policy Amendment , and Water Code Section 13267 Technical Report Order dated June 13, 2016 requiring an expanded pollutant reduction program.

And for the last 8 permit years, the City’s Stormwater program has effectively and efficiently responded to these new policies and requirements.

2 With the additive general Permit requirements as well as the supplementary requirements detailed above, staff has found Save the Whales as the most qualified consultant to manage the City’s Phase II permit program for the remainder of Permit Year 12 (November – June 2025).

The Regional Board allows approximately 4 months to produce the reporting requirements after each permit year. This means that the report-production period for Permit Year 12 will overlap with activities for the next Fiscal Year from July through October 2025.

For a list of permit requirements, see “Scope of Work” in the draft Amendment No. 8 to the Professional Services Agreement (“EXHIBIT B”).

City staff will oversee the amended scope to the agreement with Save the Whales to fulfill the requirements of the remaining Permit term, by providing, among other things, the necessary information needed for preparation of the annual report, and by ensuring compliance with the required staff training as part of the requirements of the current Phase II permit. The contract will also include the review of the new Draft Phase II permit’s requirements and bring back to the Council the options and opportunities the City has for implementing its Program.

FISCAL IMPACT:

The total program costs for the professional services contract with Save the Whales for Permit Year 12 is $153,561.00. The breakdown in the program budget is as follows:

Fiscal Year 24/25 Stormwater Program Budget
Permit Year 12, Program Costs $ 68,311.00

Fiscal Year 25/26 Stormwater Program Budget
Permit Year 12, Program Costs & Annual Reporting $ 85,250.00

Permit Year 11 Program Budget $ 153,561.00

Should the City Council approve this request, adequate funds are available in the approved budget for Fiscal Year 2024/25 activities in NPDES account No. 100.420.000.00-6370.540.

The remainder of the Program professional services costs of $ 85,250.00 will need to be appropriated during the budget approval process for a distribution into Fiscal Year 2025/26 and is not a part of Contract Amendment No.8 at this time.

CEQA Findings:

The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

CONCLUSION:

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

Respectfully submitted,

__________________________
Edrie Delos Santos, P.E.

Engineering Division
City of Marina

3 REVIEWED/CONCUR:

_____________________________
Nourdin Khayata, P.E.

Interim Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

4 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING AMENDMENT NO. 8 TO THE AGREEMENT BETWEEN CITY

OF MARINA AND SAVE THE WHALES OF SEASIDE, CALIFORNIA, TO PROVIDE PROFESSIONAL SERVICES FOR THE CITY OF MARINA’S

STORM WATER PROGRAM, AUTHORIZING THE FINANCE DIRECTOR

TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, on February 5, 2013, the State Water Quality Control Board adopted new National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater permit requirements, requiring the City to submit a Notice of Intent for coverage under the new permit by July 1, 2013. The Permit term was for five years ending on June 30, 2018, and;

WHEREAS, to fulfill the City’s Program Management requirements, including its needed Public Education & Public Outreach (PE/PO) program under the current NPDES Phase II permit, the City contracted program support for the first two permit years with Save the Whales of Seaside, California, and;

WHEREAS, at the regular meeting on December 15, 2015, the City Council adopted Resolution No. 2015-148, approving a one-year agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 3, and;

WHEREAS, with the additive general Permit supplemental reporting to the expanding Stormwater Program requirements, staff sought to better evaluate the scope and value of the program’s consultant support provided for the City’s Stormwater Program. On November 2, 2016 staff issued a request for proposals (RFP) for Public Education and Outreach as well as Program Support for the additional permit elements, and;

WHEREAS, at the regular meeting on March 7, 2017, the City Council adopted Resolution No. 2017-21, approving an agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 4 (“EXHIBIT A”) , and;

WHEREAS, at the regular meeting on November 7, 2017, the City Council adopted Resolution No. 2017-100, approving Amendment No. 1 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 5, and;

WHEREAS, at the regular meeting on October 16, 2018, the City Council adopted Resolution No. 2018-121, approving Amendment No. 2 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 6, and;

5 Resolution No. 2024-
Page Two

WHEREAS, at the regular meeting on October 15, 2019, the City Council adopted Resolution No. 2019-108, approving Amendment No. 3 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 7, and;

WHEREAS, at the regular meeting on October 6, 2020, the City Council adopted Resolution No. 2020-135, approving Amendment No. 4 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 8, and;

WHEREAS, at the regular meeting on October 19, 2021, the City Council adopted Resolution No. 2021-112, approving Amendment No. 5 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 9, and;

WHEREAS, at the regular meeting on October 18, 2022, the City Council adopted Resolution No. 2022-126, approving Amendment No. 6 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 10, and;

WHEREAS, at the regular meeting on October 17, 2023, the City Council adopted Resolution No. 2023-104, approving Amendment No. 7 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 11, and;

WHEREAS, since the adoption of the current Phase II Stormwater Permit in 2013, the permit requirements outline a steady increase in permit regulations per year. The City’s Stormwater program has complied with the escalating permit requirements through a joint effort of City staffing and consulting services, and;

WHEREAS, as summarized to the City Council at the December 15 th, 2015 meeting, the Regional Water Board who regulates local agency’s compliance to the Permit has enacted three additional provisions that affect local agencies during Permit Year 4 and 5: Industrial General Permit Requirements, the New Statewide Trash Policy Amendment , and Water Code Section 13267 Technical Report Order dated June 13, 2016 requiring an expanded pollutant reduction program. And for the last 8 permit years, the City’s Stormwater program has effectively and efficiently responded to these new policies and requirements, and;

WHEREAS, with the additive general Permit requirements as well as the supplementary requirements detailed above, staff has found Save the Whales as the most qualified consultant to manage the City’s Phase II permit program for the remainder of Permit Year 12 (November – June 2025). The Regional Board allows approximately 4 months to produce the reporting requirements after each permit year. This means that the report -production period for Permit Year 12 will overlap with activities for the next Fiscal Year from July through October 2025. For a list of permit requirements, see “Scope of Work” in the draft Amendment No. 8 to the Professional Services Agreement (“EXHIBIT B”), and;

6 Resolution No. 2024-
Page Three

WHEREAS, City staff will oversee the amended scope to the agreement with Save the Whales to fulfill the requirements of the remaining Permit term, by providing, among other things, the necessary information needed for preparation of the annual report, and by ensuring compliance with the required staff training as part of the requirements of the current Phase II permit. The contract will also include the review of the new Draft Phase II permit’s requirements and bring back to the Council the options and opportunities the City has for implementing its Program , and;

WHEREAS, the total program costs for the professional services contract with Save the Whales for Permit Year 12 is $153,561.00. Should the City Council approve this request, adequate funds are available in the approved budget for Fiscal Year 2024/25 activities in NPDES account No. 100.420.000.00-6370.540. The remainder of the Program professional services costs of $85,250.00 will need to be appropriated during the budget approval process for a distribution into Fiscal Year 2025/26 and is not a part of Contract Amendment No.8 at this time. The City has determined this is not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

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

1. Approve Amendment No. 8 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program, and;

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

3. Authorize the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of October 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

7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
City of Marina (StW ECS) Stormwater Management Proposal 2024-2025 Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Est Hrs Rate Total Nov 1, 2024 - June 30,
2025 Total July 1 - Oct 31, 2025
1 2 E.6 25- PE/PO Internet
Updates PME
3 E.6 On-going PME Project
Management Throughout
Project Management: Respondent shall provide effective Project Management throughout the entire project to ensure that quality programs are developed, implemented and managed, along with associated necessary quality documents on time and within budget. Program management and overall overhead related to this RFP is estimated .08% of the total cost above.

ECS / STW As needed and an overview to be provided in Annual Report with highlights. 95 3,420.00$
3,420.00$
4 E.6 20- PME Project
Management Throughout
Meetings - RWQCB: Respondent shall meet with RWQCB as needed to ensure program compliance. At this time, Respondents estimates a total of 4 meetings, plus attending 4 regional training workshops on the new NPS, AG Permit and proposed Pesticide Permit. Thus, it is estimated that 8 meetings / workshops will be attended at 3 hours each.

ECS / STW As needed and an overview to be provided in Annual Report with highlights. 24 95 1,140.00

1,140.00$
5 E.6 20- PME Project
Management Throughout Coordination and Oversight of Other Environmental Services Providers, and etc. ECS / STW As needed, but estimated at: 36 95 1,710.00 1,710.00$ 6 E.6.a.i-ii.a-j 20- PME Project
Management As needed Legal Authority - Review Municipal Code to Ensure It Meet new Regulatory Needs (i.e. NPS, Ag Permit, proposed Pesticide Permit, New Phase II Permit, New CGP and Other Relevant Permits), Etc. ECS Review Municipal Code 0 0 On hold On hold 7 E.6.c 20- PME Project
Management As needed ERP - Enforcement Response Plan - Review and update as necessary, specific to item # 1 above ECS Review Municipal Code 0 0 On hold On hold 8 E.6 n/a PME Project
Management Special Project New Permits: Based upon proposed, new or updated Permits that may impact City requirements. New MS4 Permit, proposed updates to Ag Permits, Pesticide Use Permits, various other permits anticipated. If not required, then will not be implemented. ECS 120 95 6,650.00 6,650.00$ 9 E.6 PME Project
Management General Overhead Program Overhead: Accounting, book-keeping, billing, coordination of project team, indirect cost based on a per project cost (e.g., mileage, insurance, professional certifications, pdh/ceu mandatory trainings, volunteer recruitment / training) STW Item for next contract 10 12,920.00 12,920.00
11 12 E.7 Page # MCM Task Schedule
13 E.7.a.i/ii.(c,d,e,g,h,I,k,l,m) 25- PE/PO Internet
Updates Throughout Internet Updates: Provide as needed updates for City's stormwater public education and outreach program website, facebook, CBSM and etcetera. ECS / STW Updates provided to City representative as needed and overview in Annual Report. 20 95 950.00 950.00$
14 E.7.a.i/ii.(c,d,e,g,h,I,k,l,m) MRSWMP PE/PO Print Adds On-Hold Print Ads: Develop and run print ads with impressions on various program topics targeting specific audiences and specific pollutants of concern. This task line item is specifically a MRSWMP carry-over item. CBSM versions can be substituted in. STW Updates provided to City representative as needed and overview in Annual Report. 0 0 On hold On hold
15 E.7.a.i/ii.(c,d,e,g,h,i); 25 PE/PO Multiple
Languages On-Hold
Multi-Languages: Expand at least 2 existing outreach materials (Type To Be Determined ) per year to Spanish & an Asian dialect (i.e. Korean) to meet the goals of council (2015) and community needs. Messaging to include at a minimum how to report illicit discharges, water efficient landscaping items, water conservation ideas, proper pesticide / fertilizer and herbicide application, solid waste - litter control (Trash TMDL requirement ) and additional items as directed and/or as necessary.

ECS / STW Translate two brochures per year, update City accordingly and provide overview in Annual Report. 40 95 1,900.00

1,900.00$
Task 2 Public Education and Outreach Element & Public Participation and Involvement Element Public Education and Public Outreach Element
Task 1: Program Management Element
Program Management Element - Legal Authority, Municipal Code Review, Recommendations where Warranted and Etcetera Subtotal Task 1: Program Management Element
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 12 (2024 - 2025) Proposed Task to Complete Revised (Version 1) [Revised 6/01/24] Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
Proposed Budget 2024-2025 Revised 9/21/24 Page1 of 5

EXHIBIT B TO STAFF REPORT
31 City of Marina (StW ECS) Stormwater Management Proposal 2024-2025 Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Est Hrs Rate Total Nov 1, 2024 - June 30,
2025 Total July 1 - Oct 31, 2025
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 12 (2024 - 2025) Proposed Task to Complete Revised (Version 1) [Revised 6/01/24] Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
16 E.7.a.i/ii.(d); E.8.i/ii.c/etc 25 PE/PO Storm Drain
Labeling Spring Storm Drain Labeling: Continue City's existing storm drain inlet labeling program and litter cleanup of inlets to engage public participation. STW Label storm drains and provide details in Annual Report to City. 25 95 1,187.50 1,187.50 $ 17 E.7.a.i/ii.(d); E.8.i/ii.c/etc 27 PE/PO Storm Drain
Labeling Spring Storm Drain Emblems: Supplies for storm drain emblems per year. STW n/a 276.16 18 E.7.a.i/ii.(f)/ (c,d,e,g,h,i) 25 PE/PO Material
Distribution Winter
Distribute educational materials determined by City. Recommend distribution at City Hall, library, community centers, public events (i.e. farmers market, Marina Earth Day, Labor Day, Veteran's Day Celebration, Marina Tree and Garden events, etc.) participate in four (4 ) events a year.

Also, recommend distribution via regulatory compliance actions. Materials can be distributed via email (Businesses in particular), and/or via community based social marketing techniques, including print, internet (facebook, twitter and etc.). In the converse the Marina Annual Pet Program Contest can be done.

STW
Distribute materials to select facilities 4 times year and at noted events annually. Provide results to City in
Annual Report and updates as necessary.
40 95 1,900.00 1,900.00 $ 19 E.7.a.ii.(c,d,f) 26 PE/PO Restaurants
(MRSWMP) Winter Restaurants: Visit 10-12 restaurants, distribute proportional number of pieces of bilingual educational materials (posters, brochures, and link to online BMP in English and Spanish ). STW
Implement annually, and provide list of facilities
visited to City in Annual Report and updates as
necessary.
15 95 712.50 712.50 $ 20 E.7.a.i/ii.(i) 26 PE/PO
Pesticides,
herbicides, and
fertilizers
Spring - Fall
IPM: Continue distribution of "Our Water Our World" Integrated Pest Management materials through public events, and partner with MRWMD workshops, participate in at least 1 event at Last Chance Mercantile. The focus is to show examples of alternatives to pesticides.

The goal is to reach 20-40 people through events; report on increase/decrease in sales of “natural insecticides” from box store corporate headquarters.

STW
Implement annually, and provide list of facilities
visited to City in Annual Report and updates as
necessary.
0 0 On hold On hold
21 22 E.7 Page # MCM Task Schedule
23 E.7.a.i/ii.(j) 26 PE/PO Schools Spring - Fall
Schools: Provide environmental place-based learning in schools with hands-on presentations for grades K-3 and 4-12, with materials to effectively educate school–age children about storm water runoff, marine life in the MBNMS, and how they can help protect the environment (groundwater and coastal areas) . Partner with MRWMD to provide an assembly on protecting wildlife, recycling, and litter issues.

Contact schools and principals for programs. For grades 4-12, pre-and post-student evaluations will be collected, tabulated, and analyzed for effectiveness in the annual report. All teachers who receive a program for their students will be asked to evaluate the presentation. The goal is to move this to a Zoom, Teams or equivalent platform during the pandemic STW
Implement annually, and provide list of restaurants
visited to City in Annual Report and updates as
necessary.

36.2105263 95 1,720.00 1,720.00$ 24 E.7.a.ii.j.4 26 PE/PO Schools Spring - Fall Schools: Provide environmental place-based learning workshop to educators (i.e. train the traine r) per Permit. STW Develop workshop, outreach to educators, conduct
workshop. Update City when workshop will be and
report on annually.
20 95 950.00 950.00 $ 25 E.7.a.i/ii.(k)/(m) 27 PE/PO Target
Audiences Spring Target Audiences: Distribute existing materials target audiences to be determined (likely to the business community) via mail, advertisements, email and via community based social marketing. ECS Distribute as necessary to target audiences 65 95 3,087.50 3,087.50 $ 26 E.7.a.ii.d 27 PE/PO Movie, Radio,
Print Throughout
Movie, Radio, Print: Continue existing PE / PO messaging using a multi-pronged approach (print, radio, movie ad ) in applicable languages.

Recommend substituting TV ad approach (from MRSWMP ) to radio ads (English and Spanish ) and digital movie ad (already produced ) at local theater to run during blockbuster movie season in winter or summer. Number of patrons reached via radio and movie ads to be reported annually. This may also be accomplished via mail, advertisements, email and via community based social marketing.

STW
Throughout the Contract Term, and provide overview
and results to City in Annual Report, and updates as
necessary.
30 95 1,425.00 1,425.00 $ 27 E.7.a.ii.e 27 PE/PO
Events
/Meetings /
Presentations /
Workshops
Spring - Fall Workshops: The Permit requires the Permittee to hold public meetings to elicit public input. The recommendation is to change this approach to seeking public input through the website / Facebook & brochures. This approach will include routine updates as appropriate. ECS / STW As needed, and provide overview and results to City in Annual Report, and updates as necessary. n/a
28 E.7.a.ii.e 27 PE/PO
Events
/Meetings /
Presentations /
Workshops
fall Workshops: Recommend changing this to Annual Council presentation - program updates and a look ahead approach. ECS / STW Annually, and provide overview and results to City in Annual Report. 40 95 1,900.00 1,900.00$ 29 E.7.b.1.i/ii.(a-e)
E.7.b.3.i/ii
E.11.g
27 PE/PO
IDDE - Staff &
Site Operator
Training &
Education
Spring
IDDE / MO/GH & IPM Training: Staff and Site Operator Training and Education. E.7.b.1 - E.7.b.1. Illicit Discharge Detection and Elimination Training; E.7.b.2. Staff Construction Outreach and Education; E.7.b.3. Pollution Prevention and Good Housekeeping Staff Training; Combined with No.'s 28, 34, and 51 training.

ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 50 95 2,375.00 2,375.00 $ 30 E.7.b.2.b.i/ii.a 29 PE/PO
Construction
Outreach and
Education
3-4 x a yr
Construction Site Operator Education: Develop and distribute educational materials to construction site operators. Recommend notice to all operators working in town on WDID # / SWPPP projects be emailed a notice on trainings locally on stormwater construction site BMPs, post notice on City's website and make notice available at Permit Counter twice a year.

ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 24 95 1,140.00 1,140.00 $ Task 2 Public Education and Outreach Element & Public Participation and Involvement Element Public Education and Public Outreach Element
Proposed Budget 2024-2025 Revised 9/21/24 Page2 of 5
32 City of Marina (StW ECS) Stormwater Management Proposal 2024-2025 Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Est Hrs Rate Total Nov 1, 2024 - June 30,
2025 Total July 1 - Oct 31, 2025
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 12 (2024 - 2025) Proposed Task to Complete Revised (Version 1) [Revised 6/01/24] Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
31 32 E.7 Page # MCM Task Schedule
33 E.7.b.2.b.i/ii.b-d 29 PE/PO
Construction
Outreach and
Education
up to 10 x a yr
Construction Operator Outreach Recommendations:
(b) Distribute outreach tools aimed at educating construction site operators on appropriate selection, installation, implementation, and maintenance of storm water BMPs, as well as overall program compliance. (c) Distribute appropriate outreach materials to all construction operators who will be disturbing land within the MS4 boundary. The Permittee's contact information and website shall be included in these materials. (d) Update the existing stormwater website as necessary, to include information on appropriate selection, installation, implementation, and maintenance of BMPs. Replace with debriefing / training notices on a near monthly basis ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 24 95 2,375.00 2,375.00 $ 34 E.7.b.3.i/ii 29-30 PE/PO
Pollution
Prevention and
Good
Housekeeping
Staff Training
fall MO/GH Training: E.7.b.3. Pollution Prevention and Good Housekeeping Staff Training. Combined with No.'s 28, 34, and 51 training. ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. See item
20 for joint cost
00 -
35 E.8 Page # MCM Task Schedule
36 E.8.i.ii.(a-d) 30 PIPP Coastal Cleanup
- sponsorship Throughout
Event: As required public participation and involvement program shall encourage volunteerism, public comment and input on policy, and activism in the community. With this in mind Respondent shall coordinate, engage and lead the public in numerous events and/or sponsor partner events; such as coastal clean-up, pet poo markers installation, clean-up of debris and trash at local parks (at least 4 events annually ), dune plant restoration, bi-annual Marina tree and garden club garden tour. Respondent shall engage the public via existing well established contacts with CSUMB and local environmental groups through Respondent's website, facebook, the City's website and via word of mouth recruitment at local community events, such as, farmers markets and etcetera. Respondent routinely solicits public input on program materials via each and every outreach material. Note: Some aspects of these tasks are carry-overs from the MRSWMP program.

ECS / STW Throughout the year, and provide overview of results to the City as needed and in Annual Report. 50 95 2,375.00 2,375.00$ 37 E.8.i/ii.(e) 30 PIPP RWMG /
IRWMG Throughout
Regional Water Management Group [(RWMG) Formerly Integrated Regional Water Management Program (IRWMP)]: Respondent shall participate on behalf of client in monthly and / or quarterly RWMG meetings and associated watershed-level planning efforts, if applicable. The time provided is just an estimate
ECS As needed, and provide updates to City as needed and overview in Annual Report. 40 95 1,900.00 1,900.00 $ 38 26,173.66 25,897.50
39 40 E.10.a Page # MCM Task Schedule
41 E.10.a 37-39 Con Construction
Site Outreach Throughout Construction Outreach: Update existing construction site related education materials as needed based upon changing regulations, standards and ASTM standards. ECS
Throughout as needed, and provide updates to the
City as needed and overview in the Annual Report of
updates / modifications made.
6 95 712.50 712.50 $ 42 E.10.a.(i-iii) 37 Con Inventory 3 - 4 x a yr Construction Site Inventory - Maintain list of all active construction sites within City limits ECS Maintain list for city that achieves this permit
requirement with coordination with City staff for all
non-SWPPP sites with Soil Disturbing Activities.
12 95 665.00 665.00 $ 43 E.11 MO/GH
44 E.11 Page # MCM Task Schedule Municipal Operations & Good Housekeeping 45 E.11.e. 43-44
Municipal
Facility
Inspections
1 x a yr
MO/GH Inspections: Respondent shall inspect municipally owned facilities as follows: (a) Quarterly visual hotspot inspections, (b) Annual Hotspot comprehensive inspections, (c) Quarterly Hotspot visual observation of storm water and non-storm water discharges, (d) Non- Hotspot Inspection once per Permit term vs. E.11.c.ii - annual assessment. Respondent will make assessments of the sites risk to water quality and make recommendations for remedial adjustments / actions as necessary. Respondent estimates that 8 sites in town will need quarterly inspections for various reasons, and 20 non-hotspot sites will be inspected annually.

ECS Conduct inspections as specified and provide updates to City as needed and overview in Annual Report. 55 95 - 6,175.00$ 49 E.11.G 4 x a year Reporting TP Trash Policy Plan Compliance Reporting - Provide assistance to ensure City is meeting trash Full Capture System status, report on progress annually to water board ECS Assist and prepare annual report 30 95 570.00 2,280.00$ 51 E.11.j.ii 47-48 MO/GH
Landscape
Design and
Maintenance
fall IPM Training: Combined with No.'s 28, 34, and 51 training. ECS / STW Annually, provide training opportunities to City
applicators and distributors, update City as needed
and an overview will be provided in the Annual
Report. See item 20 for joint cost.
see above - -$
52 E.12 PCON Post Construction
Subtotal Task 2: Public Education and Public Outreach and Public Participation and Involvement Element Task 3: Construction, Municipal Operations and Good Housekeeping and Post Construction Requirements 38 Construction Site Management
Municipal Operations & Good Housekeeping
Public Participation & Public Involvement
Task 2: Public Education and Outreach Element & Public Participation and Involvement Element Public Education and Public Outreach Element
Proposed Budget 2024-2025 Revised 9/21/24 Page3 of 5
33 City of Marina (StW ECS) Stormwater Management Proposal 2024-2025 Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Est Hrs Rate Total Nov 1, 2024 - June 30,
2025 Total July 1 - Oct 31, 2025
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 12 (2024 - 2025) Proposed Task to Complete Revised (Version 1) [Revised 6/01/24] Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
53 E.12 CCRWQCB
PCRs PCON Reporting 4 x a yr
Post Construction Requirements - Related to Central Coast Regional Water Quality Control Board Post Construction Requirements.

Update outreach materials based upon regulatory changes / updates. Remind City about requirement for annual reporting, conduct self certification outreach and assist with reporting. Coordinate annual reporting with Permittees and Review O&M and Agreements as necessary ECS See Task / Recommendations to Left 100 95 1,900.00 7,600.00 $ 54 E.12.i 60 PCON Excluded OPTIONAL: Post-Construction Best Management Practice Condition Assessment: Visually inspect and assess the condition of PCRs on sites where the site operator fails to report on the condition in the prior year. I estimate about 5-6 sites to inspect. ECS Optional: Recommend this to close the gap. -$ 55 3,847.50 17,432.50
56 57 E.13 WQM
58 E.13 62-69 WQM n/a n/a
N/A: Since the City does not have any outfalls that discharge to a US waterway (Note caveat regarding vernal pools), but which instead discharge to percolation ponds it is Respondent's position that this Permit element is not applicable at this time, unless the Central Coast RWQCB directs otherwise.
n/a n/a
59 E.13 n/a WQM Field Sampling WQM Water Quality Monitoring & Sampling. This project is complete and is another step in meeting the RWQCB's needs towards transitioning the City to a WDR versus a MS4 Phase II Permit STW Completed: Conduct Vernal Pool Water Quality Monitoring & Sampling 09 5 - - 60 E.14 PEAIP
61 E.14 70 - 13267
Notice
6/13/2016
13267
Notice
Software User
Agreement 2NDNature 13267 Notice Software: Software user license agreement for 13267 Requirements. Cushion of 5% added. If not required, then not charged 2ND Annual softwar e licensing fee 8,244.50 62 E.14.a-b 70-73 PEAIP
Program
Effectiveness
Assessment and
improvement
Plan
Summer-fall
PEAIP: As applicable to the scope of work expressed within the RFP, specifically in regards to Public Education and Outreach Respondent will annually prepare and submit an effectiveness assessment analysis with recommendations based upon the iterative process to the MEP principle to City.

ECS / STW The PEAIP will be submitted annually to the City for review and consideration. 45 95 4,275
63 E.15 TMDL
64 E.15 73-74 TMDL TMDL
Requirements n/a Not applicable to this RFP, nor to the City of Marina. n/a n/a 65 E16 ARPT
66 E.16 All Reports
Applicable
Annual Report
Sections
fall Annual Reports: Respondent shall prepare and submit all applicable Annual Report sections related to Public Education / Outreach (E.7) and Public Involvement / Participation (E.8) deliverables ECS / STW These documents will be prepared Annually and
submitted to the City Representative prior to the
SMARTS Annual Report submission due date to
allow ample opportunity for input and direction with
City Representative.
80 95 7,600
67 8,244.50 11,875.00
67 69 All n/a PE/PO Print Cost As needed Print cost shall be at actual cost, plus 20% administrative overhead. Estimate of total print cost at 6,000 materials per year. ECS / STW Updates will be provided in Monthly billings to City.

Reduced in a third because of Covid-19 1,050.00 1,050.00 70 All n/a PE/PO Postage / etc. As needed Postage cost shall be at actual cost, plus 20% administrative overhead. Estimate of total of 4,000 mailings per year. ECS / STW Updates will be provided in Monthly billings to City. 1,920.00 1,920.00 71 All All Reports Annual Report
Sections Throughout Extra Reports: Respondent shall prepare and submit all other Annual Report Sections as directed by the CITY in compliance with the existing PERMIT at an hourly rate of: ECS / STW
These documents will be prepared Annually and
submitted to the City Representative prior to the
SMARTS Annual Report submission due date to
allow ample opportunity for input and direction with
City Representative.

TBD TBD
Subtotal Task 4: Water Quality Monitoring & Sampling, PEAIP, TMDL and Annual Report 68 Task 5: Other Program Cost: Print, Postage and Mail
Subtotal Task 3: Construction, Municipal Operations & Good Housekeeping and Post Construction Requirements Task 4: Water Quality Monitoring & Sampling, Program Effectiveness Assessment and Improvement Plan, TMDL and Annual Report Water Quality Monitoring & Sampling
Program Effectiveness Assessment and Improvement Plan
Total Maximum Daily Load
Annual Reports
Proposed Budget 2024-2025 Revised 9/21/24 Page4 of 5
34 City of Marina (StW ECS) Stormwater Management Proposal 2024-2025 Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Est Hrs Rate Total Nov 1, 2024 - June 30,
2025 Total July 1 - Oct 31, 2025
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 12 (2024 - 2025) Proposed Task to Complete Revised (Version 1) [Revised 6/01/24] Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
72 All All Reports Annual Report
Sections Throughout
WDR Transition: In anticipation of the release of the new MS4 Phase II Permit during this fiscal year consultant anticipates working with City in securing a WDR in place of the MS4 Phase II Permit. The goal is to have a reduced stormwater program, resulting in long-term cost savings for the City.

ECS Work towards a WDR versus an MS4 Phase II Permit 298 95 14,155 14,155 73 17,125 17,125
Note, some items specifically relate to the potential of working towards a reduced permit, such as line item 72.

Key: Con = Construction, IDDE = Illicit Discharge Detection and Elimination, MO/GH = Municipal Operations and Good Housekeeping, PE/PO = Public Education / Public Outreach, PP/PI = Public Participation and Public Involvement & PCR = Post Construction Requirements.

Key: ECS = Environmental Compliance Specialist, 2ND = 2ND Nature, STW = Save the Whales Note: This is a "Not to Exceed" Fee based proposal. As always, the approach is time and materials and if the total estimated amount is not utilized than those remaining funds will be available for other program element assistance at the discretion of Client's representative or simply will not be used.

Note: All STW / ECS or ECS / STW combination projects I just divide the budget in half between the two of us to simplify accounting Note, items 5, 8, 42, 46, 47, 48, 49, 53, 58, 60, are all newer line items. Thus additional work that did not exist before 2018.

GRAND TOTAL: 2024-2025 (Contract Year November 1, 2024-June 30,2025 & July 1, 2025-October 31, 2025) 68,311$ 85,250 $ Subtotal Task 5: Other Program Cost: Print, Postage and Mail Proposed Budget 2024-2025 Revised 9/21/24 Page5 of 5
35 October 11, 2024 Item No.10g(3)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2024-,

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN

AGREEMENT WITH PACIFIC GAS & ELECTRIC FOR JOINT USE OF RIGHTS

OF WAY AND EASEMENTS RELATED TO THE UNDERGROUNDING OF

CERTAIN UTILITIES WITHIN THE PROJECT BY SHEA HOMES LIMITED PARTNERSHIP SHOWN ON “TRACT 1566 TH E DUNES ON MONTEREY BAY PHASE 2 WEST” IN THE VICINITY OF 1ST AVENUE BETWEEN 8TH STREET AND 6TH STREET, CITY OF MARINA, SUBJECT TO REVIEW AND
APPROVAL BY THE CITY ATTORNEY.

RECOMMENDATION: It is recommended that the City Council consider:

1. Adopting Resolution No. 2024-, authorizing the City Manager to negotiate and execute an agreement with Pacific Gas & Electric for joint use of rights of way and easements related to the undergrounding of certain utilities within the project by Shea Homes Limited Partnership shown on “Tract 1566 The Dunes On Monterey Bay Phase 2 West” in the vicinity of 1st Avenue between 8th Street and 6th Street, City of Marina, subject to review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of November 21, 2023, the City Council adopted Resolution No. 2023-123, approving the Phase 2 West/Residential Final Map for the Dunes on Monterey Bay Development Project Subdivision. This map included the establishment of right of way and utility easements for proposed infrastructure servicing residential development.

ANALYSIS:

All existing underground gas and overhead electrical facilities within Fort Ord were transferred to PG&E from the US Army and the Fort Ord Reuse Authority between 1996 and 1997. Since then, improvement plans associated with Phase 2 West Residential Development included the relocation and undergrounding of overhead PG&E facilities from their current alignment.

In order to relocate these facilities from their existing easement into the City right-of-way, PG&E is requiring a Joint Use Agreement between the City and PG&E to establish responsibilities of each agency once the facilities are relocated and for any future relocations if needed by the City or PG&E.

The intended right-of-way area/area of joint use through City properties are in substantial conformance with the tentative map as amended as well as the project Specific Plan . With these findings, staff is recommending moving forward with negotiating and executing an agreement with PG&E to accomplish the relocation and undergrounding of utilities.

FISCAL IMPACT:

There is no fiscal impact should the City Council approve this request. Relocation of utilities into the right-of-way will be funded by the Developer.
1 CEQA Findings:

The right-of-way designation and use thereof for undergrounding of utilities is consistent with the certified Environmental Impact Report (EIR) (SCH No. 2004091167). Section 15162, Paragraph C of the CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared un less there have been substantial changes to the project.

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 Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING

THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH

PACIFIC GAS & ELECTRIC FOR JOINT USE OF RIGHTS OF WAY AND EASEMENTS

RELATED TO THE UNDERGROUNDING OF CERTAIN UTILITIES WITHIN THE PROJECT BY SHEA HOMES LIMITED PARTNERSHIP SHOWN ON “TRACT 1566 THE DUNES ON MONTEREY BAY PHASE 2 WEST” IN THE VICINITY OF 1ST AVENUE BETWEEN 8TH STREET AND 6TH STREET, CITY OF MARINA, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, at the regular meeting of November 21, 2023, the City Council adopted Resolution No. 2023 - 123, approving the Phase 2 West/Residential Final Map for the Dunes on Monterey Bay Development Project Subdivision. This map included the establishment of right of way and utility easements for proposed infrastructure servicing residential development; and

WHEREAS, all existing underground gas and overhead electrical facilities within Fort Ord were transferred to PG&E from the US Army and the Fort Ord Reuse Authority between 1996 and 1997. Since then, improvement plans associated with Phase 2 West Residential Develop ment included the relocation and undergrounding of overhead PG&E facilities from their current alignment; and

WHEREAS, in order to relocate these facilities from their existing easement into the City right -of-way, PG&E is requiring a Joint Use Agreement between the City and PG&E to establish responsibilities of each agency once the facilities are relocated and for any future relocations if needed by the City or PG&E; and

WHEREAS, the intended right -of-way area/area of joint use through City properties are in substantial conformance with the tentative map as amended as well as the project Specific Plan. With these findings, staff is recommending moving forward with negotiating and e xecuting an agreement with PG&E to accomplish the relocation and undergrounding of utilities; and

WHEREAS, there is no fiscal impact should the City Council approve this request. Relocation of utilities into the right-of-way will be funded by the Developer; and

WHEREAS, the right-of-way designation and use thereof for undergrounding of utilities is consistent with the certified Environmental Impact Report (EIR) (SCH No. 2004091167). Section 15162, Paragraph C of the CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared unless there have been substantial changes to the project.

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

1. Authorize the City Manager to negotiate and execute an agreement with Pacific Gas & Electric for joint use of rights of way and easements related to the undergrounding of certain utilities within the project by Shea Homes Limited Partnership shown on “Tract 1566 The Dunes on Monterey Bay Phase 2 West” in the vicinity of 1st Avenue between 8th Street and 6th Street, City of Marina, subject to review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 15th day of October 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________
Bruce Delgado, Mayor
ATTEST:

Anita Sharp, City Clerk
3 Agenda Item: 10j(1)
October 15, 2024

October 15, 2024 Item No. 11a
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of October 15, 2024

CITY COUNCIL OF THE CITY OF MARINA TO HOLD A PUBLIC

HEARING AND CONTINUE SUCH PUBLIC HEARING TO
NOVEMBER 6, 2024 REGARDING THE ESTABLISHMENT OF THE
CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 20 24-1 (THE DUNES -WEST SIDE SERVICES CFD), THE LEVY OF SPECIAL TAXES, AND CALLING AN ELECTION WITHIN THE DISTRICT.

RECOMMENDATION:

It is recommended that the City Council open a public hearing on October 15 regarding the proposed formation of the City of Marina Community Facilities District No. 2024 -1 (The Dunes West Side Services) and immediately continue such public hearing to the next City Council meeting on November 6, 2024. Further actions regarding the formation of the Dunes West Side Services CFD will be recommended following the close of the public hearing on November 6, 2024.

BACKGROUND:

The City has received a petition , consent and waiver of certain CFD formation and election procedures and timeframes from MCP and its affiliate Shea Homes Limited Partnership, requesting the City to create a new Community Facilities District to be designated City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) (the “Dunes West Side Services CFD” or the “CFD”) to levy a special tax to fund all or a part of the public services (the “City Services”) required to maintain infrastructure at The Dunes West Side Development as well as to pay for some of the costs incurred by the owners association for the maintenance of the town square including the restroom and certain other improvements owned or managed by the owners association (“POA Services” and collectively with the City Services, the (“Services”)). MCP has formed the Dunes Promenade Commercial Association, a California nonprofit mutual benefit corporation (the “POA”) to provide the POA Services.

ANALYSIS:

The purpose of the proposed Dunes West Side Services CFD is to generate special tax revenues to fund the Services. The levy of special taxes within the Dunes West Side Services CFD must be approved at an election at which at least 2/3 of the owners of property within the CFD vote in favor of the proposed special taxes.

Prior Meeting
At t he September 4 th City Council meeting there w ere several legal documents prepared by Stradling Yocca Carlson & Rauth , the City’s Special Counsel related to the formation of City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) and approved, including:

Resolution of Intention – The Resolution of Intention did the following: a) accepted the petition filed by Shea with respect to the Dunes CFD; b) declares the intention of the City to form The Dunes West Side Services CFD; (c) describes the territories within the boundaries of The Dunes West Side Services CFD; d) describes the types of services that will be funded by special taxes; e) describes the rate and method of apportionment of the special taxes to be levied in the Dunes West Side Services CFD; f) calls a public hearing to be held on October 15, 2024; and g) describes the proposed voting procedures for the Dunes West Side Services CFD. 1 Tonight’s Actions
The City, Shea, and MCP are discussing the most effective approach to the formation of the CFD and expect to be ready to proceed with the formation of the CFD on November 6. Accordingly, staff recommends that the City Council open a public hearing regarding the formation of the CFD and levy of the special taxes and immediately continue such hearing to November 6.

On November 6, 2024, the City Council will be presented with information regarding the Dunes West Side Services CFD, the special taxes, and the Services to be funded using the special taxes.

After the conclusion of the November 6 public hearing the City Council may consider the following actions:

1. Adopt a resolution establishing the Dunes West Side Services CFD (the “ROF”)

2. Call a special election

3. Approve a resolution approving a Services Funding Agreement with the POA and MCP and an Indemnity Agreement with MCP

4. Following the election and certification that not fewer than 2/3 of the landowners in the CFD voted in favor of the special taxes, the City Council will be asked to adopt an Ordinance levying the special taxes.

The ordinance authorizing special tax levy is effective 30 days after the second reading.

This item has been prepared and reviewed by the City’s consultant team, which includes special counsels (Stradling, Yocca, Carlson & Rauth LLP and Goldfarb & Lipman LLP), city attorney (Shute, Mihaly & Weinberger LLP ), municipal advisor (Fieldman, Rolapp and Associates) and special tax consultant (Goodwin Consulting).

FISCAL IMPACT:

There is no fiscal impact from continuing the public hearing. There is an impact to the City’s General Fund if the Dunes West Side CFD is not formed due to the potential services costs estimated at $1,009,442 per year being paid out of the General Fund.

CONCLUSION:

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

_______________________
Tori Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________
Layne P. Long
City Manager
City of Marina

____________________
Rene A. Ortega
City Attorney
City of Marina
2 October 15, 2024 Item No. 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 15, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2024 -,

CERTIFYING T HE FINAL ENVIRONMENTAL IMPACT REPORT
(FEIR), AND ADOPT THE MITIGATION MONITORING PROGRAM
(MMRP), FINDINGS OF FACT, AND STATEMENT OF OVERRIDING

CONSIDERATIONS, APPROVE THE DOWNTOWN SPECIFIC PLAN,
ADOPT GENERAL PLAN AMENDMENTS (GPA 24 -003) TO THE 2000

MARINA GENERAL PLAN TO IMPLEMENT THE DOWNTOWN

SPECIFIC PLAN, ADOPT ZONING TEXT AMENDMENTS TO THE

MARINA MUNICIPAL CODE TO IMPLEMENT THE DOWNTOWN
SPECIFIC PLAN. AMEND THE MARINA ZONING MAP TO

INCORPORATE BY REFERENCE THE ZONING STANDARDS

IDENTIFIED AS APPENDIX A (DEVELOPMENT CODE) TO THE

DOWNTOWN SPECIFIC PLAN AND RESCIND CITY COUNCIL
RESOLUTION 2008-111

RECOMMENDATION: It is recommended that the City Council consider:

1. Certify the Final Environmental Impact Report (FEIR), and adopt the mitigation monitoring program (MMRP), findings of fact, and statement of overriding considerations.

2. Approve the Downtown Specific Plan , incorporating the revisions recommended by the Planning Commission in its September 12, 2024 resolution. 1 3. Adopt General Plan Amendments (GPA 24 -003) to the 2000 Marina General Plan to implement the Downtown Specific Plan.

4. Adopt zoning text amendments to the Marina Municipal Code to implement the Downtown Specific Plan.

5. Amend the Marina Zoning Map to incorporate by reference the zoning standards identified as Appendix A (Development Code) to the Downtown Specific Plan.

6. Rescind City Council Motion 2008 -111 regarding the preparation of a specific plan for individual projects in the downtown area.

BACKGROUND
Below is a brief summary of documents and the project history that relate to the community’s desire for a vibrant downtown area:
• 1978-first General Plan encouraged a downtown
• 1982-updated General Plan encouraged more commercial space in Marina • 1986-establishment of the Redevelopment Agency with a focus on a downtown area • 1994-Fort Ord closed. Marina loses 21% of its population, negatively impact ing the downtown area.
• 1998- A “retail leakage ” report recommends a need for a downtown and more commercial development.
• 2001-Council identifies revitalization of the commercial core as a key priority • 2005-Downtown Vision and Design Guidelines adopted.
• 2006-traffic study prepared for the downtown area , which discusses reducing Del Monte Blvd down to two lanes
• 2011-Draft Downtown Plan presented to the City Council • 2018-2019-Development of a Downtown Specific Plan. Several community meetings occur in this time frame ( 15 Ad Hoc Meetings; 6 -PC Hearings; 2 DRC meetings; 2 Council meetings)
• 2021-Present-City holds six public hearings about the draft plan; 3,600 postcards sent out by city staff; multiple check in meetings with the Chamber of Commerce, Marina Foundation and interested parties.

Specific Plans
A Specific Plan is a planning tool that local governments can use to implement their General Plan and to guide development in a localized area. While the General Plan is the overall guide for growth and development in a community, the goal of a Specific Plan is to focus on the unique characteristics of a special area by customizing the planning process and land use regulations to that area. The authority for preparation and adoption of specific plans is set forth in the California Government Code, Sections 65450 through 65457. The law allows adoption of Specific Plans as may be required for the implementation of the General Plan. A Specific Plan is intended to be a tool for developers, property owners, City staff and decision makers by providing strong and clear policies, development standards, and a vision that guides land use decisions, infrastructure improvements, design, and economic development activities in the project area.

Specific Plan Process
The City Council, upon recommendation of the Planning Commission, shall be the final hearing body for Specific Plans. The Planning Commission shall prepare its recommendation, and the Council shall render its decision in accordance with Section 1.20 of the 2000 Marina General Plan and pursuant to Sections 65358 of the Government Code.

2 Specific Goals of the Downtown Plan
The Downtown Specific Plan builds on the goals and objectives established in the City of Marina General Plan and the relevant standards and regulations from the City’s Municipal Code. The DSP also implements elements of the City’s Downtown Vision, Downtown Design Standards and Guidelines, and Pedestrian and Bicycle Master Plan. At full buildout, the plan will allow for the development of 1.3 million square feet of new office and retail space while also providing enhanced density with another 2,904 residential units being built. More importantly, the plan will help spur economic development in the urban core of Marina. The objectives of the DSP are set forth as follows:

Land Use and Development -A community with a safe, walkable, and vibrant downtown, that attracts diverse business opportunities, encourages appropriate mixed uses, and integrates adjoining neighborhoods, parks, and trails.

Community Identity -A Downtown that supports innovation in design and employs environmentally responsible building practices, net -zero building principles, and is designed to create more comfortable, environmentally responsible, energy efficient, and healthier indoor and outdoor environments.

Cultural Diversity-A Downtown where people of all incomes, ages, abilities, races, and cultures feel like they belong.

Housing Affordability -A variety of affordable, high -quality and high -performance housing options for people to live in Downtown.

Environmental Responsibility and Sustainability -A Downtown that supports innovation in design and employs high -performance building technology, net zero -energy and net zero carbon principles, and is designed to create more comfortable, environmentally responsible, energy efficient, and healthy indoor and outdoor environments.

Economic Vitality -An environment that attracts and sustains economic activity through innovation, business, and social opportunities.

Mobility-A Downtown with safe and efficient pedestrian and vehicular circulation that encourages people to gather, walk, cycle, or use public transportation.

Public Facilities and Infrastructure -Ensure that adequate public services and public utilities are provided for future development, and enhance the Downtown by planning for future public facilities

Downtown Specific Plan Document
The Downtown Specific Plan is divided into seven (7) chapters with appendices:

Chapter 1 Introduction contains project background, a review of community engagement efforts, and considers opportunities and constraints present in the Downtown.

Chapter 2 Setting and Existing Conditions contains an overview of background conditions such as Marina’s history, regional context, economic context, existing land use, and existing transportation network and facilities.

Chapter 3 Downtown Vision puts forth a desired vision of Downtown Marina (Downtown) that will result with the implementation of the Specific Plan and enumerates the Specific Plan’s main goals.

3 Chapter 4 Land Use describes land use goals, policies, and implementation measures to guide future development within the Downtown. The mixed -use portions of the area are divided into “core” and “transitional” areas, with the core being more urban in design and transitional moving towards suburban. The land use districts identified in this plan are intended to function as implementing zoning in accordance with Appendix A (Development Code).

Chapter 5 Mobility describes the circulation and parking goals, policies, and development standards to help implement the vision for Downtown Marina. This chapter also establishes the basis for the plan’s proposed multimodal circulation system that integrates an interconnected network of vehicular, pedestrian, and bicycle traffic.

Chapter 6 Public Facilities and Infrastructure includes policies for the planned distribution, location, extent, and improvement of water, sewer, and storm drainage infrastructure and solid waste disposal facilities.

Chapter 7 Implementation provides a framework to successfully implement the Plan and ensure its objectives are integrated effectively with the goals of existing documents, including the City’s General Plan and Municipal Code.

The Downtown Specific Plan (DSP) also relies on Appendix A (Development Code) and Appendix B (Design Guidelines) to guide buildout of the community.

Community Outreach
The Specific Plan process presented a unique and important opportunity for community members to participate and share their ideas to guide Downtown’s future. A primary objective of the Plan was to accurately reflect community aspirations. The city highly prioritized having a community engagement process that was structured to provide multiple opportunities and avenues for engagement, and to increase inclusion and participation in sharing input about potential Plan recommendations. This Plan has been developed with extensive input from a broad range of stakeholders which included residents, business owners, workers, property owners, Caltrans, and representatives of community organizations and associations.

In more recent years, city staff have tabled at Farmers Market, held focused group meetings with business owners, members of Downtown faith -based organizations, the Korean Business Association, and the Asian Community of Marina (ACOM). Additionally, within the past 18 months over 2,000 postcards have been sent to all property owners about the plan. Detailed descriptions of each meeting can be found in Section 1.2.1 of the Downtown Specific Plan which provides information about meeting format, location, content, and purpose. In summary, the engagement process included the following activities and events:
• Project information webpage
• Stakeholder meetings (30)
• Ad Hoc Committee (15)
• Design Review Board (2)
• Pop up events (8)
• Planning Commission study session and City Council briefings (14)

General Plan Amendments and Consistency
The provisions of the General Plan and the General Plan land use diagram may be amended by the Council by resolution and according to procedures established in Section 1.20 of the 2000 Marina General Plan and pursuant to Section 65358 of the Government Code , whenever the public necessity, the general community welfare, and good zoning practices permit such 4 amendment to implement the Downtown Specific Plan. The specific General Plan Amendments to implement the Downtown Specific Plan are included as Exhibit A but include the following:
• Removing the requirement that a specific plan be prepared and approved for discretionary development approvals on every property in the Downtown prior to adoption of the Specific Plan (General Plan Policy 2.6 3.51, 2.41.6 and City Council Resolution 2008 - 111)
• Modifying General Plan language to require that the new Downtown Specific Plan parking standards will apply (General Plan Policy 3.38.5)

Zoning Text and Map Amendments
Pursuant to Marina Municipal Chapter 17.72 , the Zoning Code will be amended to implement the Downtown Specific Plan. A new chapter of the Municipal Code will be added (Chapter

17.37) to codify the Specific Plan’s zoning standards. See Exhibit G (Enabling Ordinance) for the specific zoning text amendments. Additionally, the Zoning Map will be modified to incorporate by reference the zoning standards identified as Appendix A (Development Code) to the Downtown Specific Plan.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Draft EIR (DEIR)
A Draft Environmental Impact Report (“ EIR”) was prepared for the Downtown Specific Plan (DSP) (“Project”) in accordance with the California Environmental Quality Act (CEQA). The Draft EIR was made available for public review and comment from April 9, 2024 to May 24, 2024. Hardcopies of the Draft EIR were available for public review at the Community Development Department and the Public Library.

Final EIR (FEIR)
The Final EIR provides a list of the federal, state, regional and/or local agencies along with private organizations and individuals that commented on the Draft EIR 1. A few minor changes were made in response to the comments received from commentors. This has been identified in the Final EIR with strikethroughs for deletions. These revisions are not considered significant new information that would trigger Draft EIR recirculation pursuant to section 15088.5 of the State CEQA Guidelines . For example, they do not disclose a new or substantially worsened significant environmental impact, or a new feasible mitigation measure or alternative not previously proposed for adoption. A Resolution recommending consideration by the City Council to certify the Final EIR includes the required findings, in accordance with Public Resources Code section 21081 and CEQA Guidelines section 15091. The Findings adopt feasible mitigation measures to reduce the significant environmental impacts of the Project. A Mitigation Monitoring and Reporting Program (MMRP) for the Project would be adopted as part of the certification of the Final EIR. The purpose of the MMRP is to ensure the mitigation measures adopted in the Findings for the Project are implemented, in accordance with CEQA requirements .2

Statement of Overriding Consideration
Some of the environmental impacts do have mitigation measures which would reduce impacts but not to a level of insignificance (see, e.g., Air Quality Impact AQ-1 and Transportation Impact T- 2). When an agency approves a project with significant and unavoidable environmental effects, it

1 See Exhibit D (Final EIR).
2 The MMRP provides a summary of the environmental issues evaluated in the EIR, the identified environmental impacts, proposed mitigation measures, and residual impacts (i.e., the impact after application of mitigation, if required). See Exhibit E for the Mitigation and Monitoring Program (MMRP). 5 must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision and explains why the project’s benefits outweigh the significant environmental effects. CEQA Guidelines § 15093. The Statement of Overriding Consideration is included as Exhibit B (Findings of Fact) to this staff report.

Council and Commission Considerations
On October 26, 2023, a Notice of Preparation (NOP) study session occurred with the Planning Commission. On November 7, 2023, an additional study session occurred to update the Council on the staff work on the draft plan. City staff has compiled a list of approximately 120 comments received during this timeframe. Exhibit F (Consolidated Downtown Plan Comments) has been inserted to give assurance to the members of the Commission, Council and public that these comments were inserted into the Downtown Specific Plan.

Planning Commission Deliberation
On September 12, 2024 the Planning Commission voted 7 -0 to recommend approval of the Downtown Specific Plan. After publication of the Planning Commission staff report a few minor edits were suggested to the nonconforming section of the Specific Plan (Section 7.6.2) by Sierra Pacific Properties, owners of the Lucky s and Chase bank commercial property . The proposed edits clarify Section 7.6.2 (nonconforming) , remove duplicative language, and are consistent with staff’s recommendations regarding nonconforming uses in the DVSP. The proposed edits were supported by the Planning Commission. The Commission also recommended that outdoor car sales be prohibited moving forward in the Core District. The proposed edits are incorporated by reference and included in Exhibit A (City Council Resolution) to this staff report.

Community Comments
After production of the Planning Commission report but prior to the meeting, project comment letters were received from members of the public (see Exhibit H) for more details.

IMPLEMENTATION
Over the course of the next 18 -24 months a few key projects will break ground to implement the Downtown Specific Plan, including but not limited to:

• Del Monte Road Diet -If awarded the ATP funds , a “road diet” of Del Monte Blvd with roundabouts and traffic calming devices will be installed.

• Del Monte/Reservation Road Intersection -On September 4, 2024, the Council received a presentation on the proposed improvements to the Del Monte/Reservation Road Intersection. Construction of this project is expected to start in the Spring of 2025.

• Special Event Ordinance-city staff will be working on a Special Event Permit Ordinance to identify ways to activate the Downtown Core.

FISCAL IMPACT
With the certification of the Sixth Cycle Housing Element, and the adoption of the Downtown Specific Plan, a series of grant opportunities would become available to implement the Plan.

• Active Transportation Program (ATP) Funds – In June of 2024 the City filed for an eleven (11) million dollar ATP grant to implement the “road diet” along Del Monte and to make the potential downtown area look and feel more like an active urban core with enhanced medians and wider sidewalks. The City will be informed if the grant application was approved in January 2025.

6 • Pro Housing Designation –on August 9, 2024, the City filed with HCD to receive the Pro Housing Designation. If this designation is granted by the State, additional infrastructure grants can be awarded to implement the Downtown Specific Plan. If the Pro Housing Designation is received, the City is eligible for enhanced points f rom the Affordable Housing and Sustainable Communities (AHSC) Program . This program could be used to help with the production of affordable housing units within the Marina Station Project.

• Infill and Infrastructure Grant - The objective of the IIG program is to promote infill housing development by providing financial assistance for Capital Improvement Projects that are an integral part of, or necessary to facilitate the development of affordable and mixed income housing. City of Santa Cruz staff have indicated that they received a 20- million-dollar IIG grant to revitalize their downtown area.

PREPARED BY:

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

REVIEWED BY:

_______________________________
Layne Long
City Manager
City of Marina

Exhibit A-Draft City Council Resolution
Exhibit B-Findings of Fact
Exhibit C-Downtown Specific Plan
Exhibit D-Final EIR
Exhibit E-Mitigation Monitoring Program
Exhibit F-Consolidated Downtown Specific Plan Comments
Exhibit G-Zoning Text Amendment to Implement the Downtown Specific Plan Designations Exhibit H-Comment Letters
7 PROPOSED RESOLUTION 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING

THE MITIGATION MONITORING PROGRAM (MMRP), CEQA FINDINGS,

AND STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED FOR THE DOWNTOWN SPECIFIC PLAN ; APPROVING THE DOWNTOWN
SPECIFIC PLAN; ADOPTING GENERAL PLAN AMENDMENT GPA 24-003 TO IMPLEMENT THE DOWNTOWN SPECIFIC PLAN ; AND RESCI NDING CITY COUNCIL RESOLUTION 2008-111.

SECTION 1.

WHEREAS, the 2000 Marina General Plan directed city staff to prepare a Downtown Specific Plan pursuant to General Plan Policy 5.11; and
WHEREAS, the Downtown Specific Plan at full buildout will provide an additional 2,904 housing units and 1.3 million square feet of new retail and office space; and WHEREAS, the Downtown Specific Plan will revitalize the urban core of Marina; and WHEREAS, Downtown Specific Plan Land Use Goal LU -3 (Cultural Diversity) desires for the community to have a downtown where people of all incomes, ages, abilities, races and cultures feel that they belong; and
WHEREAS, through the adoption of the Downtown Specific Plan , Land Use Goal LU -5 (Economic Vitality) will be implemented by attracting businesses and supporting economic activities through innovation and business opportunities; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines section 15082, the City prepared a Notice of Preparation (NOP) which was sent to the state Office of Planning and Research (OPR) and each responsible and trustee agency on October 20, 2023; and
WHEREAS, pursuant to Section 15087 of the CEQA Guidelines , a Notice of Availability was sent to the County Clerk and the Office of Planning and Research to begin a forty -five (45) day public review period for the Draft Environmental Impact Report (DEIR) to receive public comment; and
WHEREAS, during the public review and comment period, copies of the Draft EIR were available for review and inspection at City Hall, the Community Development Department Permit Center, and on the City’s website; and
WHEREAS, after the public comment period on the DEIR ended on May 24, 2024, pursuant to CEQA Guidelines Section 15088 the City of Marina evaluated comments based on the environmental issues raised; and
WHEREAS, a Final EIR (FEIR) was prepared and completed in accordance with Section 15090 of the CEQA Guidelines; and

EXHIBIT A
8 WHEREAS, based on this Final EIR, a Mitigation Monitoring and Reporting Plan (MMRP) has been prepared in accordance with CEQA, which ensures that any potentially significant environmental effects of the proposed Project would be sufficiently mitigated to a level of insignificance with implementation of mitigation measures specified therein , with the exception of those impacts that are significant and unavailable and will be addressed through the adoption of a statement of overriding consideration; a complet e copy of the FEIR and MMRP and all supporting exhibits and documents are on file and can be viewed at the City planning office; and

WHEREAS, during the preparation of the Draft EIR and the Final EIR certain impacts were determined to be significant and unavoidable , including Air Quality Impact AQ-1 and Transportation Impact T -2, as well as cumulative air quality, transportation, and water supply impacts; and

WHEREAS, pursuant to Section 15093 of the CEQA Guidelines, the City Council shall adopt a statement of overriding considerations finding that the legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects based on substantial evidence in the record, and findings of fact, identified as Exhibit B to this Resolution; and

WHEREAS, at the October 15, 2024, meeting, the City Council reviewed and considered the Final EIR (FEIR) and MMRP for the Project, any comments received to -date and the responses prepared, invited additional comments from the public; and

WHEREAS, the City Council, in its independent judgment, determined that the FEIR and MMRP are adequate under CEQA as the administrative record contains substantial evidence to support the FEIR’s and MMRP’s , and the statement of overriding considerations’, findings regarding the Project’s environmental impacts and benefits; and

WHEREAS, all relevant requirements of the Public Resources Code, the State CEQA Guidelines, and the regulations and policies of the City have been satisfied or complied with by the City in connection with the Project; and

WHEREAS, the findings and conclusions made by the City Council in this resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed Project, which is incorporated herein by this reference. The findings are not based solely on the information provided in this resolution; and

WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings of the City Council’s decision are the Office of City Clerk and Community Development Department; and

WHEREAS, City staff are directed to file a Notice of Determination (NOD) with the County Clerk within five working days of certification of the Final EIR by the City Council; and

WHEREAS, in order to implement the Downtown Specific Plan, certain General Plan Amendments must be made to the 2000 Marina General Plan; and

WHEREAS, Policies 2.63.51 and 2.41.6 of the 2000 Marina General Plan shall be removed as shown herein, as the Downtown Specific Plan now supersedes these policies:

9 2.63.51 Removed The boundaries of the Downtown Vitalization Area are illustrated in Figure 2.4. Prior to approval of any development other than temporary projects/uses or projects already entitled to be built, a specific plan shall be prepared which legally establishes d evelopment, design, and infrastructure requirements in accordance with General Plan principles and policies. 2008-111)-

2.41.6-Removed-A resolution of the City Council of the City of Marina approving amendment to Marina General Plan including Figure 2.4 Downtown Vitalization Area, amending Policy 5.11 to require preparation of a Specific Plan for Downtown Vitalization Area, amending Figure 1.2 adding Downtown Vitalization Area overlay to Central Marina Sub Area, removing Policy 2.41.6 requiring any development proposed in the Core Retail Area prepare a Specific Plan and adding a policy 2.63.51 defining the Downtown Vitalization Area; and

WHEREAS, City Council Resolution 2008-111, which established a requirement that a “specific plan” be prepared prior to approval of any development, other than temporary projects/uses or projects already entitled to be built, within the boundaries of the Downtown Vitalization Area, shall be rescinded; and

WHEREAS, Section 3.38.5 of the General Plan shall be amended, as shown herein, to reflect that parking standards for properties within the Downtown Specific Plan shall follow the Downtown Specific Plan Development Code (Appendix A) of said plan:

3.38.5 Parking Provision in Downtown Marina. New development and redevelopment within downtown Marina shall provide parking in accordance with standards set forth within the Marina Municipal Code Downtown Specific Plan Development Code. ; and

WHEREAS, Figure 2.2 (Land Use Map) of the 2000 Marina General Plan shall be amended to change the properties identified within the Downtown Specific Plan to their corresponding new General Plan designations as identified within Appendix A (Development Code) of the Downtown Specific Plan.

WHEREAS, on September 12, 2024 the Planning Commission recommended approval of the Downtown Specific Plan to the City Council with the following edits to section 7.6.2 of the plan and to the Major/Minor Retail Sales use in the Core District:

Section 7.6.2 Nonconforming buildings. A legal nonconforming building may continue to be used as follows: Within five years of adoption of the Specific Plan, if a nonconforming structure is enlarged or expanded modified or altered by 25 percent or more of the existing floor space or ground area, all structures must come into full compliance with the Specific Plan. After five years from the date of adoption of the Specific Plan, nonconforming uses and structures are subject to Chapter 17.64 of the Marina Municipal Code.

5-Ordinary maintenance and repairs may be made to any nonconforming building, provided no structural alterations are made and provided that such work does not exceed 25 percent of the appraised value in any one-year period.

Pg. 89 of the Downtown Specific Plan
Upon adoption of the Specific Plan, all structures that do not meet the standards identified in Appendix A: Development Code of the DVSP shall be considered legal nonconforming 10 structures. A legal nonconforming structure may be altered subject to approval by the Community Development Director. Within five years of adoption of the Specific Plan, the Community Development Director may approve alterations that are modified by less than 25 percent of the floor space or ground area existing at the time the structure became nonconforming. No alterations to nonconforming structures may be approved by the Director unless they are made more nearly conforming. Any structural alteration, modification, or expansion above the 25 percent of the lawful floor space or ground area must come into full structural compliance with the design guidelines identified within the Specific Plan. After five years from the date of adoption of the Specific Plan, non- conforming uses and structures are subject to Chapter 17.64 of the Marina Municipal Code.

Retail Sales, Minor: An establishment that primarily offers new or used goods for purchase by the consumer of such goods, excluding other such establishments more specifically described herein. This use category includes vehicle sales if such a use is conducted completely wit hin an enclosed building and does not include outdoor display of vehicles. Vehicle sales in the Core District are prohibited.

Retail Sales, Major : Includes the following Adult Businesses: As defined and regulated in the Municipal Code section 17.52. Animal Sales and Adoption Services: Retail sales and adoption of small animals typically considered pets. Excludes sale of live fish for personal aquariums.

Outdoor Sales: The retail sales or rental of any merchandise where the gross floor area of the outdoor storage area exceeds 10% of the gross floor area of the enclosed building. Vehicle sales are prohibited in the Core District.

Fuel Sales: An establishment offering the sale of motor fuel for any motor vehicle. Includes gas stations.

NOW, THEREFORE, BASED ON THE FOREGOING RECITALS, EACH OF WHICH IS HEREUPON REINCORPORATED BY REFERENCE, BE IT RESOLVED that the City Council of the City of Marina hereby:

1. Certifies the Final Environmental Impact Report , and adopt s the Mitigation Monitoring and Reporting Program, CEQA findings of fact, and statement of overriding considerations prepared for the Downtown Specific Plan and corresponding General Plan and Municipal Code amendments (see Exhibit B to this Resolution);

2. Approves the Downtown Specific Plan, incorporating the revisions recommended by the Planning Commission in its September 12, 2024 resolution (PC 2024-21);

3. Adopts General Plan Amendment GPA -24-003, removing General Plan Policies 2.63.51 and 2.41.6 from the 2000 General Plan, amend ing the language of General Plan Policy

3.38.5 per the corresponding recital herein, and amending the General Plan’s Land Use Map per the corresponding recital herein.

4. Rescinds City Council Resolution 2008-111.

5. Directs staff to file a Notice of Determination with five (5) working days of approval by the City Council with the County Clerk.

SECTION 2. Severability. If any section, subsection, clause or phrase of this resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted the resolution 11 and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 3. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this resolution.

I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Marina at a meeting thereof on October 15, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________
Bruce Delgado, Mayor

ATTEST:

_________________________
Anita Sharp, Deputy City Clerk
12 1

FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE CITY OF

MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND RELATED

GENERAL PLAN AND ZONING CODE AMENDMENTS
A. INTRODUCTION
The City of Marina (City), as lead agency under the California Environmental Quality Act (CEQA),Public Resources Code section 21000 et seq and the CEQA Guidelines (Cal. Code Regs. title 14, section 15000 et seq.) has prepared the Final Environmental Impact Report (Final EIR) for the Marina Downtown Vitalization Specific Plan (“DVSP”), including related amendments to the General Plan and rezonings (the project), State Clearinghouse No. (SCH #2023100567), The Final EIR consists of the Draft EIR (published April 9, 2024), the August 22, 2024 Final EIR, which includes responses to comments on the Draft EIR and text revisions to the Draft EIR, and all documents incorporated therein, and the 2024 Final EIR Errata. The Final EIR is a Program EIR, as authorized by CEQA Guidelines Section 15168, which analyzes the potentially significant environmental effects of the overall development potential of the project and not the site-specific impacts of any individual development project, the details of which are not known at this time.

In determining to approve the project, which is described in more detail in Section B.1, Project Description below, the City makes and adopts the following findings of fact and statement of overriding considerations, and adopts and makes conditions of project approval the mitigation measures identified in the Final EIR, all based on substantial evidence in the whole record of this proceeding (administrative record). Pursuant to Section 15090(a) of the CEQA Guidelines, the Final EIR was presented to the City Council, the City Council reviewed and considered the information contained in the Final EIR prior to making the findings in Sections B through M, below, and the City Council determined that the Final EIR reflects the independent judgment of the City. The conclusions presented in these findings are based on the Final EIR and other evidence in the administrative record.

These CEQA findings are attached and incorporated by reference into each staff report, resolution and ordinance associated with approval of the project. These findings are based on substantial evidence in the entire administrative record and references to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.

EXHIBIT B
13 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

2 B. PROPOSED PROJECT
This section provides a brief project description, identifies project objectives, describes the project alternatives evaluated within the Final EIR, and describes the public review process.

1. Project Description
The project is proposed by the City of Marina (City) as a land use plan to create a unique and identifiable Downtown core that is vibrant and pedestrian oriented to reinvigorate the Downtown Marina economy and sense of place, as well as to comply with laws requiring updates to the City’s General Plan and zoning ordinance. The project includes the following components, which together are considered a “project” under CEQA:
• Land Use Designations. The DVSP accommodates a mix of commercial, retail, and residential uses served by an improved transportation network. During the planning process, land use designations were established to allow for increased densities throughout the Downtown area. The designations include: Core, Transition, Multifamily Residential and Mixed-use Node.
• Design Guidelines. The DVSP includes a Development Code (Appendix A of the DVSP) and Design Guidelines (Appendix B of the DVSP) that provide objective design and development standards, intended to make the requirements that apply to certain eligible residential projects more predictable and easier to interpret. • Public Service Improvements. Future development projects in the Specific Plan area would be required to provide public improvements (i.e., wastewater, water, storm drainage, and gas/electricity) deemed necessary during the design process. The public right-of-way in the Specific Plan area encompasses 67 acres, or 21 percent of the total land area. The Specific Plan calls for the creation of smaller, more walkable blocks with mid-block crossings to increase access.
• Mobility Elements. To create a pedestrian-friendly Downtown core, the DVSP calls for an investment in traffic calming measures, active transportation facilities and amenities, a holistic approach to parking management, and improved public transit service in Downtown.
• Associated General Plan Amendments. The project includes amendments to the General Plan land use designations required to ensure consistency with land use changes introduced in the DVSP. Specifically, all subsequent projects, including commercial developments and redevelopments, subdivisions, public works projects, and zoning regulations must be consistent with the Specific Plan. The proposed DVSP also incorporates recommendations from the City’s Downtown Vision Plan, Downtown Design Guidelines, and Pedestrian and Bicycle Master Plan.

EXHIBIT B
14 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 3 • Associated Rezonings and Development Code Amendments. To implement the DVSP, the City proposes Zoning Map and Code amendments regarding design review, and development standards, and making conforming amendments.

2. Project Objectives
In accordance with CEQA Guidelines Section 15124, an EIR must present a statement of project objectives. The DVSP builds on the goals and objectives established in the City of Marina General Plan and the relevant standards and regulations from the City’s Municipal Code. The DVSP also implements elements of the City’s Downtown Vision, Downtown Design Standards and Guidelines, and Pedestrian and Bicycle Master Plan. The objectives of the Plan are to:

• Establish a safe, walkable, and vibrant Downtown that attracts diverse business opportunities, encourages appropriate mixed uses, and integrates adjoining neighborhoods, parks, and trails.
• Provide a variety of affordable, high-quality housing options for people of all incomes, ages, abilities, races, and cultures to live in Downtown. • Create an environment that attracts and sustains economic activity. • Establish a Downtown with safe and efficient pedestrian and vehicular circulation that encourages alternative modes of transportation.

3. Project Alternatives
As required by the California Environmental Quality Act (CEQA), the EIR examines alternatives to the proposed project. Studied alternatives include the following two alternatives No Project Alternative: The No Project Alternative assumes that the current land use and zoning designations would not change from the City’s adopted 2005 General Plan, and the DVSP would not be adopted or implemented. Existing development in the Specific Plan area includes approximately 1,005,000 square feet of commercial, retail, and office uses and approximately 2,301 dwelling units. Under the No Project Alternative, existing land use designations would remain the same, but additional development could occur as currently allowed under these designations.

Reduced Development Alternative: The Reduced Development Alternative would reduce the number of new residential units and the total square footage of non-residential development that could be constructed in the Specific Plan area. The purpose of this alternative is to reduce significant impacts to air quality and VMT associated with the DVSP.

The Reduced Development Alternative would facilitate approximately 25 percent less development than the proposed Specific Plan, and would involve a net increase of 2,178 residential units and approximately 1,039,000 square feet of non-residential development compared to existing conditions.

EXHIBIT B
15 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

4 Based on the alternatives analysis, Alternative 2, Reduced Development, was determined to be the environmentally superior alternative.

A more detailed description of these alternatives, and required findings, are set forth in Section H: Feasibility of Project Alternatives.

4. Public Review Process
a. Environmental Impact Report
Pursuant to CEQA and the CEQA Guidelines, the City circulated a Notice of Preparation (NOP) that briefly described the project and the environmental topics that would be evaluated in the EIR. The NOP was published on May 26, 2021, and the public comment period for the scope of the EIR lasted from May 26, 2021 to July 19, 2021. The City held an EIR Scoping Meeting to provide responsible agencies, trustee agencies, and interested parties the opportunity to comment on the scope and content of the environmental analysis to be included in the EIR on June 9, 2021. The City reinitiated efforts to prepare the EIR in 2023, and the City distributed a revised NOP with a revised Initial Study for a 30-day agency and public review period starting on October 20, 2023 and ending November 20, 2023. The City held another EIR Scoping Meeting on October 26, 2023. The City received comments on both the 2021 NOP and the 2023 NOP.

The 2021 NOP, 2023 NOP, comments received during each NOP comment period, and the revised Initial Study are presented in Appendix A of the EIR.

Comments received by the City on the NOP were taken into account during the preparation of the Draft EIR. Comments received included concerns related to: traffic congestion and safety, pedestrian and bicycle safety, impacts to air quality, aesthetics, biological resources, cultural resources, energy, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, population and housing, public services, recreation, tribal cultural resources, utilities and service systems, wildfire, and economic impacts. Comments received from public agencies included Caltrans, Transportation Agency for Monterey County (TAMC) and The California Department of Fish and Wildlife (CDFW), the Native American Heritage Commission, and the Monterey County Department of Housing and Community Development.

In accordance with Sections 15087 and 15105 of the CEQA Guidelines, the Draft EIR was circulated for public review and comment to responsible agencies and interested parties as well as members of the public, for a period of 45 days (April 9, 2024 through May 24, 2024) as required by CEQA. Comment letters received on the Draft EIR are provided in their entirety in the Final EIR Chapter 2, Responses to Comments.

On August 23, 2022, Rincon contacted the Native American Heritage Commission (NAHC) and requested a search of the Sacred Lands File (SLF) for the DVSP Area. The NAHC emailed a response on October 4, 2022, stating that the SLF search was negative.

EXHIBIT B
16 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 5 Under AB 52 and Senate Bill 18 of 2004 (SB 18), the City sent letters to the following Native American groups on February 13, 2023: Kakoon Ta Ruk Band of Ohlone-Costanoan Indians of the Big Sur Rancheria, Costanoan Rumsen Carmel Tribe, Amah Mutsun Tribal Band, Ohlone/Costanoan-Esselen Nation, Esselen Tribe of Monterey County, Indian Canyon Mutsun Band of Costanoan, Wuksache Indian Tribe/Eshom Valley Band, and Rumsen Am:a Tur:ataj Ohlone (Appendix G). The period to request tribal consultation under AB 52 ended on March 15, 2023, and the period to request tribal consultation under SB 18 ended on May 15, 2023. The City did not receive requests for tribal consultation under AB 52 or SB 18.

The Final EIR was issued for public review on August 22, 2024, and was distributed to appropriate state and local agencies and made available for public review at City Hall and on the City’s website. Chapter 2 of the Final EIR provides responses to the comments received during the comment period on the Draft EIR. The Draft EIR, Final EIR, and associated appendices were made available for review online at: https://www.cityofmarina.org/945/Environmental-Review and at the City of Marina Community Development Department, 211 Hillcrest Avenue, Marina, California 93933.

As required by CEQA Guidelines Section 15088(b), at least 10 days before consideration of the Final EIR for certification, the City provided a written response (electronic copy) to each public agency that submitted written comments on the Draft EIR.

The City held a series of duly noticed public meetings to gather community feedback on and share information about the DVSP, including November 7, 2023; September 12, and October 15, 2024, at a duly noticed public hearing. On September 12, 2024, the Planning Commission recommended that the City Council certify the Final EIR. b. Additional DVSP Public Review Process
City held a series of duly noticed public meetings to gather community feedback on and share information about the DVSP, including, Stakeholder meetings-(30), Ad Hoc Committee (15), Design Review Board (2), Pop up events (8), Planning Commission study session and City Council briefings (14) leading up to the EIR that went above and beyond the requirements.

Recognizing that broad-based community participation is essential to preparing a meaningful and implementable Specific Plan, throughout the 2022, 2023 and 2024 calendar years the City carried out comprehensive community outreach activities related to the DVSP. Feedback from these activities was used to identify needs, assess constraints and develop the DVSP.

EXHIBIT B
17 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

6 C. FINDINGS
The findings, and statement of overriding considerations set forth below (the “Findings”) are made and adopted by the Marina City Council as the City’s findings under CEQA and the CEQA Guidelines relating to the project. The Findings provide the written analysis and conclusions of this City Council regarding the project’s environmental impacts, mitigation measures, alternatives to the project, and the overriding considerations that support approval of the project despite any remaining environmental effects it may have.

These findings summarize the environmental determinations of the Final EIR and provide a summary description of and basis for each impact conclusion identified in the Final EIR, describe the applicable mitigation measures identified in the Final EIR, and state the City’s findings and rationale about the significance of each impact following the adoption of mitigation measures. A full explanation of these environmental findings and conclusions can be found in the Final EIR, and these findings hereby incorporate by reference the discussion and analysis in the Final EIR supporting the Final EIR’s determinations regarding mitigation measures and the project’s impacts.

In adopting mitigation measures, below, the City intends to adopt each of the mitigation measures identified in the Final EIR. Accordingly, in the event a mitigation measure identified in the Final EIR has been inadvertently omitted from these findings, such mitigation measure is hereby adopted and incorporated into the project in the findings below by reference. In addition, in the event the language of a mitigation measure set forth below fails to accurately implement the mitigation measure in the Final EIR due to a clerical error, the language of the mitigation measure as set forth in the Final EIR shall control unless the change to the language of the mitigation measure has been specifically and expressly explained by these findings. Acronyms used in the mitigation measures shall have the meaning set forth in the Final EIR. The project includes General Plan amendments and amendments to the Development Code requiring compliance with mitigation measures adopted in connection with the DVSP.

Sections D and E, below, provide brief descriptions of the impacts that the Final EIR identifies as either significant and unavoidable or less than significant with adopted mitigation. These descriptions also reproduce the full text of the mitigation measures identified in the Final EIR for each significant impact.

D. SIGNIFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LESS-THAN-

SIGNIFICANT LEVEL RESULTING IN SIGNIFICANT AND UNAVOIDABLE

ADVERSE IMPACTS
The Final EIR identified certain potentially significant effects that could result from the project.

As described in greater detail below, after implementation of the identified mitigation measures,

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18 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 7 the project could result in the following significant and unavoidable impacts, which will be overridden by the specific considerations that are described in this document’s conclusion in Section H of this document.

1. Air Quality
Impact AQ-1. The timing of the DVSP construction and intensity is unknown at this time; therefore, it is conservatively assumed that construction activities may exceed MBARD’s earth moving screening level threshold. DVSP operation would exceed MBARD thresholds for VOC, which the majority are from consumer product use. With the implementation of Mitigation Measure AQ-1, construction impacts would be reduced to less than significant. However, impacts are significant and unavoidable for operational activity. (SU) Mitigation Measure AQ-1: Construction Dust Control Measures.

Applicants for future development under the DVSP shall implement Construction Dust Control Measures. Construction/demolition activities within the Specific Plan area shall be limited to 8.1 acres per day with minimal earthmoving, or 2.2 acres per day with demolition or grading/excavation, consistent with the screening-level thresholds in the MBARD’s 2008 CEQA Air Quality Guidelines. Any individual construction project that would require grading, excavation, and/or soil material import or export within the Specific Plan area shall implement the following construction dust control measures:
• Water all active construction areas at least twice daily. • Prohibit all grading activities during periods of high wind (over 15 miles per hour). • Apply chemical soil stabilizers on inactive construction areas (disturbed lands within construction projects that are unused for at least four consecutive days). • Apply non-toxic binders (e.g., latex acrylic copolymer) to exposed areas after cut and fill operations and hydroseed area.
• Maintain at least two feet of freeboard on haul trucks. • Cover all trucks hauling dirt, sand, or loose materials. • Plant tree windbreaks on the windward perimeter of construction projects, if adjacent to open land.
• Plant vegetative ground cover in disturbed areas as soon as possible. • Cover inactive storage piles.

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19 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

8 • Install wheel washers at the entrance to construction sites for all exiting trucks. • Pave all roads on construction sites.
• Sweep streets if visible soil material is carried out from the construction site. • Post a publicly visible sign which specifies the telephone number and person to contact regarding dust complaints. This person shall respond to complaints and take corrective action within 48 hours. The MBARD phone number shall be visible to ensure compliance with Rule 402 (Nuisance).
• Limit the area under construction at any one time.

Findings for Impact AQ-1: The City finds that implementation of the proposed project would result in significant DVSP-related air quality impacts during both construction and operational activities. Construction activities may exceed Monterey Bay Air Resources District’s earth moving screening level threshold and operations under the Plan would exceed established thresholds for volatile organic compounds. Implementation of Mitigation Measure AQ-1 would reduce construction impacts to less than significant. However, implementation of the proposed DVSP would result in a significant and unavoidable impacts during the operation period.(SU)

2. Transportation
Impact T-2: The DVSP would result in the generation of VMT that would exceed City of Marina VMT thresholds, and would be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Impacts would be significant and unavoidable.(SU) Mitigation Measure T-2: Transportation Demand Management Program. Each individual office and residential development project in the Specific Plan area shall have a corresponding transportation demand management (TDM) plan and monitoring program developed by the applicant or developer of the project. The TDM plan shall be prepared prior to issuance of building permits.

The TDM plan shall identify the TDM reductions specific to their project. The monitoring program shall establish goals and policies to ensure the efficient implementation of the TDM plan and demonstrate its effectiveness at reducing VMT such that VMT is below the significance thresholds presented in Table 4.2-2, above. The City shall review and approve the TDM plan prior to approval of building permits. Examples of TDM measures that could be employed, depending on specific project conditions and circumstances, include but are not limited to:

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20 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 9 • Provision of bus stop improvements or on-site mobility hubs • Pedestrian improvements, on-site or off-site, to connect to nearby transit stops, services, schools, shops, etc.
• Bicycle programs including bike purchase incentives, storage, maintenance programs, and on-site education program
• Enhancements to regional bicycle network
• Parking reductions and/or fees set at levels sufficient to incentivize transit, active transportation, or shared modes
• Cash allowances, passes, or other public transit subsidies and purchase incentives • Enhancements to bus service
• Implementation of shuttle service
• Establishment of carpool, bus pool, or vanpool programs • Vanpool purchase incentives
• Participation in a future County VMT fee program
• Participate in future VMT exchange or mitigation bank programs • Carshare/scooter-share/bikeshare facilities or incentives • On-site coordination overseeing TDM marketing and outreach • Rideshare matching program
• Market-price public parking
Findings for Impact T-2: The City finds the DVSP would facilitate multiple individual development projects and therefore is evaluated at a programmatic level in the EIR and in the VMT Analysis (EIR Appendix C). Given the programmatic level data that is available for the DVSP, a detailed TDM plan typically required for each individual project cannot be developed at this stage. Therefore, the effect of project-level and specific TDM programs that could reduce VMT cannot be accounted for fully as part of this analysis. For this reason, it cannot be guaranteed that VMT associated with future residential and employment development facilitated by the DVSP could be reduced below relevant significance

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21 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

10 thresholds. Therefore, these measures would not be sufficient to reduce the project’s significant VMT and this impact would be significant and unavoidable.

Mitigation Measure T-2, set forth above, is hereby adopted and incorporated into the project.

Because Mitigation Measure T-2's effectiveness in reducing an individual project’s VMT impact to a less-than-significant level cannot be determined at this time, this potential project impact would be considered significant and unavoidable after mitigation. (SU) E. EFFECTS DETERMINED TO BE MITIGATED TO LESS-THAN-SIGNIFICANT LEVELS
The Final EIR identified certain potentially significant effects that could result from the project.

However, the City finds for each of the significant or potentially significant impacts identified in this section that, based upon substantial evidence in light of the whole record, changes or alterations have been required or incorporated into the project which will reduce these significant or potentially significant effects to less-than-significant levels. Adoption of the recommended mitigation measures will effectively make the mitigation measures part of the project.

1. Biological Resources
Impact BIO-1: Development facilitated by the DVSP has the potential to directly impact special status plant and animal species in the DVSP area.(S)
Mitigation Measure BIO-1(a): Biological Resources Screening and Assessment. For individual projects proposed for development within undeveloped or partially developed areas containing natural or ruderal areas within the DVSP area (Figure 4.4-1 in Section 4.4), the City or their designee shall engage a qualified biologist to perform a preliminary biological resource screening. The purpose of the screening and assessment is to determine whether the project has any potential to impact special status biological resources, inclusive of special status plants and animals, sensitive vegetation communities, jurisdictional waters (including creeks, drainages, streams, ponds, vernal pools, riparian areas and other wetlands), or biological resources protected under local or regional ordinances. If it is determined that the project has no potential to impact biological resources, no further action is required. If the project would have the potential to impact biological resources, prior to construction, a qualified biologist shall conduct a project-specific biological analysis to document the existing biological resources within a project footprint plus a minimum buffer of 100 feet around the project footprint, as is feasible, and to determine the potential impacts to those resources. If the project would have the potential to impact biological resources, the following mitigation measures [BIO-1(b) through BIO-1(f)] shall be incorporated, as determined to be applicable by the qualified biologist, to reduce impacts to a less than significant level. Pending the results of the project-specific biological analysis, design

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22 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 11 alterations, further technical studies (e.g., protocol surveys) and consultations with the USFWS, National Marine Fisheries Service (NMFS), CDFW, and/or other local, state, and federal agencies may be required. Note that specific surveys described in the mitigation measures below may be completed as part of the project-specific biological analysis where suitable habitat is present.

BIO-1(b) Special Status Plant Pre-Construction Survey
Projects identified as having potential to impact special status plant species during the biological screening and assessment under Mitigation Measure BIO-1(a) shall implement the Mitigation Measure BIO-1(b). Surveys for special status plants shall be completed by the project proponent prior to any vegetation removal, grubbing, or other construction activity (including staging and mobilization). The surveys shall be floristic in nature, that is, every plant observed shall be identified to species subspecies, or variety, sufficient to identify listed plants. The surveys shall be seasonally timed to coincide with the target Federal and State listed species and rare plants identified above. All plant surveys shall be conducted by a City- approved biologist during the appropriate blooming period during the year prior to initial ground disturbance. All special status plant species identified on-site shall be mapped onto a site-specific aerial photograph or topographic map with the use of Global Positioning System (GPS) unit. Surveys shall be conducted in accordance with the most current protocols established by the CDFW, USFWS, and the local jurisdictions if said protocols exist. A report of the survey results shall be submitted to the implementing agency. If impacts to federal or state-listed species are identified for an individual project, consultation with CDFW and/or USFWS, as appropriate, may be required.

BIO-1(c) Special Status Plant Species Avoidance, Minimization, and Mitigation If Federal and/or State listed species are found during special status plant pre-construction surveys [required under Mitigation Measure BIO-1(b)], avoidance of, or mitigation for impacts to, occupied habitat shall be required. If populations of CRPR List 1B or 2 species are found during special status plant pre-construction surveys, the City-approved biologist shall evaluate whether the loss of occupied areas would result in a local or regional population-level impact (i.e., jeopardize the continued existence of a local or regional population). Mitigation for regional population level impacts to rare plants shall be required by the City. If feasible, individual development projects shall be re-designed to avoid development in locations of Federal and/or State listed or CRPR List 1B or 2 species. Federal and/or State listed or CRPR List 1B or 2 species occurrences that are not within the immediate disturbance footprint and would be avoided, but which are located within 50 feet of disturbance limits, shall have bright orange protective fencing installed at an appropriate distance (as determined by a qualified biologist) to ensure they are protected during construction activities.

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23 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

12 If development cannot avoid Federally or State listed plants species, then mitigation shall involve either salvage and conservation for any relocated individual plants, or compensation (minimum compensation ratio of 1:1 for individuals and impact areas, with a conservation area of a similar density of individuals) for the loss of these individuals or their habitat either in an on-site or off-site preserve, through payments to an appropriate mitigation bank, or as otherwise may be determined in coordination with USFWS and CDFW permitting. Impacts to, and salvage of, individual plants would be considered a “take” under the ESA and/or CESA. “Take” of listed species is illegal under the ESA and CESA without formal authorization from USFWS and/or CDFW. Impacts to Federal and/or State listed or CRPR List 1B or 2 species would require adherence to Mitigation Measure BIO-1(c).

BIO-1(d) Restoration and Monitoring
If development cannot avoid Federal or State listed plant species, all impacts shall be mitigated by the project applicant at a minimum ratio of 1:1 for areas occupied by the species. Ratios may be higher pending consultation with CDFW and/or USFWS for listed species. Restoration areas shall be of a similar density of individuals as areas impacted project activities. A restoration plan shall be prepared by the project applicant and submitted to the City for review and approval. Documentation demonstrating consultation with CDFW and USFWS regarding impacts to federal or state listed species shall be submitted to the City. Population level impacts to CRPR List 1B or 2 species shall also be mitigated at a 1:1 ratio for occupied areas, and shall also require a restoration plan in coordination with the City. The restoration plan(s) shall include, at a minimum, the following components:
• Description of the project/affected species location(s) (i.e., location, responsible parties, areas to be impacted by habitat type)
• Compensatory mitigation (type[s] and area[s] species to be established, restored, enhanced, and/or preserved; specific functions and values of species type[s] to be established, restored, enhanced, and/or preserved)
• Description of the proposed compensatory mitigation site (location and size, ownership status, existing functions and values)
• Implementation plan for the compensatory mitigation site (rationale for expecting implementation success, responsible parties, schedule, site preparation, planting plan) • Maintenance activities during the monitoring period, including weed removal as appropriate (activities, responsible parties, schedule) • Monitoring plan for the compensatory mitigation site, including no less than quarterly monitoring for the first year (performance standards, target functions and values, target

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24 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 13 acreages to be established, restored, enhanced, and/or preserved, annual monitoring reports)
• Success criteria based on the goals and measurable objectives; said criteria to be, at a minimum, at least 80 percent survival of container plants and 30 percent relative cover by vegetation type
• An adaptive management program and remedial measures to address any shortcomings in meeting success criteria
• Notification of completion of compensatory mitigation and agency confirmation • Contingency measures (initiating procedures, alternative locations for contingency compensatory mitigation, funding mechanism)
BIO-1(e) Special Status Wildlife Pre-Construction Surveys Projects that identify potential impacts to special status wildlife species during the biological screening and assessment under Mitigation Measure BIO-1(a) shall implement Mitigation Measure BIO-1(e).

General Wildlife Surveys
Pre-construction clearance surveys for northern California legless lizard and coast horned lizard shall be conducted within 14 days prior to the start of construction (including staging and mobilization) in areas of suitable habitat. The surveys shall cover the entire disturbance footprint plus a minimum 200-foot buffer within suitable habitat, where permissible, and shall identify all special status animal species that may occur on-site. California legless lizard and coast horned lizard shall be relocated from the site to a safe location within suitable habitat as near to the project area as possible by a qualified biologist.

Burrowing Owl Surveys
A qualified biologist shall conduct pre-construction clearance surveys prior to ground disturbance activities within suitable natural habitats and ruderal areas to confirm the presence/absence of burrowing owls. The surveys shall be consistent with the recommended survey methodology provided by CDFW (2012). Clearance surveys shall be conducted within 14 days prior to construction and ground disturbance activities. If no burrowing owls are observed, no further actions are required. If burrowing owls are detected during the pre- construction clearance surveys, the following measures shall apply:
• Avoidance buffers during the breeding and non-breeding season shall be implemented in

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25 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

14 accordance with the CDFW (2012) and Burrowing Owl Consortium (1993) minimization mitigation measures.
• If avoidance of burrowing owls is not feasible, then additional measures such as passive relocation during the nonbreeding season and construction buffers of 200 feet during the breeding season shall be implemented, in consultation with CDFW. In addition, a Burrowing Owl Exclusion Plan and Mitigation and Monitoring Plan shall be developed by a qualified biologist in accordance with the CDFW (2012) and Burrowing Owl Consortium (1993).

Smith’s Blue Butterfly Host Plant Surveys
Prior to grading and construction in undeveloped areas, an approved biologist shall conduct surveys for seacliff buckwheat (Eriogonum parvifolium) and seaside buckwheat (Eriogonum latifolium), host plants of Smith’s blue butterfly in areas of suitable habitat.

If Smith’s blue butterfly host plants are not located, no further action is required. If host plants are feasible, focused surveys shall be conducted to determine presence or absence of the butterfly species. This may include surveys during the adult flight period (mid-June through early September), and/or inspection of host plants for all life forms (egg, larva, pupa, and adult). Impacts to individuals of any life stage would be considered “take” under the ESA. Relocation of smith’s blue butterfly and occupied host plants can only be legally authorized by the USFWS, and only a USFWS permitted biologist is legally allowed to relocate host plants and individuals.

Bumble Bee Habitat Assessment And Avoidance
In undeveloped areas of the DVSP, including annual grassland, sandmat manzanita, ruderal, bare, and ice plant mats, where vegetation removal and/or ground disturbance is planned, a qualified biologist, with experience differentiating bumble bees from other bee species and familiarity with bee activity and nesting behaviors, shall conduct a field habitat assessment to determine if Crotch’s bumble bee or western bumble bee could occur on the site. The habitat assessment shall evaluate all work areas and access routes for bee habitat quality, and signs of presence or potential for presence, including surveying for suitable bumble bee foraging native plants, bumble bee activity, and nesting sites. The biologist shall take photos of any bumble bees or bumble bee resources observed.

For projects within undeveloped areas that are larger than one acre, or adjacent to undeveloped areas north of Reservation Road, the habitat assessment shall be conducted during the environmental review or project planning phase to identify potential agency consultation requirements.

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26 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 15 For projects within undeveloped areas that are less than one acre and isolated by development, the habitat assessment can be conducted during wildlife pre-construction surveys.

If the habitat assessment determines there is suitable nesting and/or foraging habitat, prior to initial ground disturbance, a qualified biologist/entomologist familiar with the species behavior and life history shall perform a minimum of three on-site surveys prior to vegetation removal and/or grading to determine the presence/absence of Crotch’s bumble bee and western bumble bee. Each survey should be spaced 2- to 4-weeks apart during the Colony Active Period (April-–August) (CDFW 2023). Surveys should occur during the day area, a biological monitor shall be onsite during vegetation or ground disturbing activities that take place during any of the Queen and Gyne Flight Period and Colony Active Period (February to November). If Crotch’s bumble bee and/or western bumble bee are observed during any phase of the project, all work shall stop and CDFW shall be notified to determine the appropriate avoidance strategies and next steps.

If Crotch’s bumble bee and western bumble bee have not been listed under the California Endangered Species Act and are no longer candidate species at the time of project implementation, habitat assessments and protocol surveys as described above, would not be required.

Reporting
A report of all pre-construction and pre-demolition survey results shall be submitted to the City for its review prior to the start of demolition. The report shall include a description of the survey methodology for each species, the environmental conditions at the time of the survey(s), the results of the survey, any requirements for addressing special status species identified during surveys, and the biological qualifications of the surveyors. The report shall be accompanied by maps and figures showing the location of any special status species occurrences and associated avoidance buffers.

BIO-1(f) Biological Resources Avoidance and Minimization Projects that identify potential impacts to special status species during the biological screening and assessment under Mitigation Measure BIO-1(a) shall implement Mitigation Measure BIO-1(f). The following measures shall be applied to avoid impacts to sensitive species and biological resources. The project applicant shall be responsible for implementing selected measures.
• Ground disturbance shall be limited to the minimum necessary to complete the project.

The limits of disturbance for each construction phase shall be flagged. Areas of special

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27 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

16 biological concern within or adjacent to the limits of disturbance shall have highly visible orange construction fencing installed between said area and the limits of disturbance. • All construction occurring within or adjacent to natural habitats that may support Federally and/or State listed endangered/threatened species, State fully protected species, and/or special status species shall have a qualified biological monitor present during all initial ground disturbing/vegetation clearing activities. • No endangered/threatened species shall be captured and relocated without express permission from the CDFW and/or USFWS.
• If at any time during construction an endangered, threatened, or fully protected species enters the construction site or otherwise may be impacted, all construction activities shall cease. A CDFW/USFWS-approved biologist shall document the occurrence and consult with the CDFW and USFWS, as appropriate, to determine whether it was safe for project activities to resume.
• At the end of each workday, excavations shall be secured with cover or a ramp provided to prevent wildlife entrapment.
• All trenches, pipes, culverts or similar structures shall be inspected for animals prior to burying, capping, moving, or filling.
• If night work is required, all construction lighting shall be pointed down and directed only on the work area.
• The City shall approve one or more qualified biologists to oversee and monitor biological compliance for the project. At least one qualified biologist shall be present during all initial ground disturbing activities, including vegetation removal to recover special status animal species unearthed by construction activities.

BIO-1(g) Pre-Construction Nesting Birds Surveys
All projects developed under the Specific Plan shall implement Mitigation Measure BIO- 1(g). Project activity shall restrict ground disturbance, building demolition, and vegetation removal activities to the non-breeding season (September 16 to January 31) when feasible.

For ground disturbance, building demolition, and vegetation removal activities that must be conducted during the bird nesting season (February 1 to September 15), general pre- construction nesting bird surveys shall be conducted by a qualified biologist, including for, but not limited to, the tricolored blackbird and White-tailed kite, not more than 14 days prior to construction activities involving ground clearing, vegetation removal/trimming, or building demolition. The surveys shall include the disturbance area plus a 200-foot buffer

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28 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 17 around the site if feasible, and a 500-foot buffer for tricolored blackbird and White-tailed kite. If active nests are located, an appropriate avoidance buffer shall be established within which no work activity shall be allowed which would impact these nests. The avoidance buffer would be established by the qualified biologist on a case-by-case basis based on the species and site conditions. In no cases shall the buffer be smaller than 50 feet for non-raptor bird species, 200 feet for raptor species, or a 500-foot buffer for White-tailed kite. Larger buffers may be required depending upon the status of the nest and the construction activities occurring in the vicinity of the nest. If fully protected White-tailed kites are documented nesting within 500 feet of construction activities, CDFW shall be consulted on appropriate avoidance and minimization methods. The buffer area(s) shall be closed to all construction personnel and equipment breeding season has ended or until a qualified biologist has determined the birds have fledged and are no longer reliant upon the nest or parental care for survival.

BIO-1(h) Worker Environmental Awareness Program (WEAP)
All projects developed under the Specific Plan shall implement Mitigation Measure BIO- 1(h). Prior to initiation of construction activities (including staging and mobilization), the project proponent shall arrange for all personnel associated with project construction for the applicable phase to attend WEAP training, conducted by a qualified biologist, to aid workers in recognizing special status resources that may occur in the construction area. The specifics of this program shall include identification of the sensitive species and habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information shall also be prepared for distribution to all contractors, their employers, and other personnel involved with construction. All employees shall sign a form provided by the trainer indicating they have attended the WEAP and understand the information presented to them. The form shall be submitted to the City to document compliance.

Findings for Impact BIO-1: The City finds individual projects proposed for development within undeveloped or partially developed areas containing natural or ruderal areas within the DVSP area could result in significant impacts to special-status species. Implementation of Mitigation Measure BIO-1(a) through (h) listed above, would ensure that any potential impacts to special-status species would be reduced to a less than significant level.

Implementation of Mitigation Measures BIO-1(a) through (h), set forth above, which are hereby adopted and incorporated into the project, will reduce Impact BIO-1 to a less-than- significant level. (LTS)

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18 Impact BIO-2: Impacts to waters of the state or waters of the United States would potentially require regulatory permitting. Impacts to these features may be significant but would be reduced to less than significant with mitigation.(S)
Mitigation Measure BIO-2: Jurisdictional Delineation. If a proposed project under the Specific Plan would impact any of the ephemeral drainages and/or the ponds (as shown in Figure 4.4-2 in Section 4.4 of the EIR), a qualified biologist shall complete a jurisdictional delineation. The jurisdictional delineation will determine the extent of the jurisdiction for CDFW, USACE, and/or RWQCB, and shall be conducted in accordance with the requirement set forth by each agency. The result will be a preliminary jurisdictional delineation report that shall be submitted to the implementing agency, USACE, RWQCB, and CDFW, as appropriate, for review and approval. Jurisdictional areas should be avoided to the maximum extent possible. If jurisdictional areas are expected to be impacted, then the RWQCB would require a Waste Discharge Requirements (WDRs) permit and/or Section 401 Water Quality Certification (depending upon whether or not the feature falls under federal jurisdiction). If CDFW asserts its jurisdictional authority, then a Streambed Alteration Agreement pursuant to Section 1600 et seq. of the CFGC would also be required prior to construction within the areas of CDFW jurisdiction. If the USACE asserts its authority, then a permit pursuant to Section 404 of the CWA would likely be required. Furthermore, a compensatory mitigation program should be implemented, and the measures set forth by the regulatory agencies during the permitting process. Compensatory mitigations for all permanent impacts to waters of the U.S. and waters of the state shall be completed at a ratio as required in applicable permits, but should not be less than a minimum ratio of 1:1. All temporary impacts to waters of the U.S. and waters of the state should be fully restored to natural condition.

Findings for Impact BIO-2: The City finds that potential alteration of the “pond” could result in adverse impacts to waters of the state and/or waters of the U.S. Impacts to this feature may be significant and could result in significant impacts to special-status species.

Implementation of Mitigation Measure BIO-2 listed above, would ensure that any potential impacts to special-status species would be reduced to a less than significant level.

Implementation of Mitigation Measure BIO-2, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact BIO-2 to a less-than-significant level. (LTS)

2. Cultural Resources
Impact CR-1: Development under the proposed Specific Plan could impact presently unknown historical resources through construction activities associated with buildout. Application of Mitigation Measure CR-1 would ensure impacts to historical resources are less than significant

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30 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 19 by identifying historical resources during the project planning process and avoiding or minimizing potential impacts as needed. (S)
Mitigation Measure CR-1: Historical Resources Evaluation and Treatment Procedures.

If a project involves a built environment resource which is over the age of 45 years old, the Community Development Director or their designee, supported by an architectural historian as needed, shall make a preliminary determination as to whether the building qualifies as a historical resource. “Historical resource” shall mean a property listed or found eligible for listing in the National Register of Historic Places or the California Register of Historical Resources. A property that is eligible for listing in the National Register of Historic Places or the California Register of Historical Resources must retain its historic integrity and meet one of the following eligibility criteria:
• Is associated with events that have made a significant contribution to the broad patterns of our history.
• Is associated with the lives of persons significant in our past. • Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. • Has yielded, or may be likely to yield, information important in history or prehistory.

If the Community Development Director or their designee determines the built environment resource may have to potential to qualify as a historic resource, then a historical resources evaluation shall be required.
• Qualified Historian. The evaluation will be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards (PQS) in architectural history or history.
• Guidelines for Preparation. The qualified architectural historian or historian will conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify any potential historical resources within the proposed project area. All properties 45 years of age or older will be evaluated within their historic context and documented in a technical report.

All evaluated properties will be documented on Department of Parks and Recreation Series 523 Forms. The report will be submitted to the City for review.

If the property is found ineligible for the NRHP or CRHR it shall be considered non- historical for the purposes of CEQA and no additional review or mitigation is required. If the property is identified as historical, the project applicant shall retain a qualified preservation

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20 professional meeting the PQS in Architectural History, History, or Historic Architecture. The qualified preservation professional shall provide design input to facilitate compliance with the Secretary’s Standards to lessen, avoid, or mitigate direct or indirect impacts to historical resources. The qualified preservation professional shall review design plans to identify whether the project complies with the Secretary’s Standards. The results of this review and impacts screening shall be memorialized in a Secretary’s Standards compliance memorandum and approved by the City prior to the schematic phase. If the project is found to comply with the Secretary’s Standards, no further mitigation is required.

If the project is found not to comply, the City shall require the completion of a Relocation Study and Preservation Plan for the historical resource. The Study shall consider partial retention of the resource as well as relocation; the Plan shall identify at least two potential nearby receiver sites, with similar settings and characteristics, for the relocation. The Relocation Study and Preservation Plan shall be completed by a preservation professional meeting the Secretary of the Interior’s Professional Qualifications Standards for architectural history, history, or historic architecture and approved by the City prior to issuance of building permits.

If the Relocation Study and Preservation Plan determines that partial retention or relocation is feasible, the recommendations of the study shall be implemented. If the Relocation Study and Preservation Plan determines that such measures are infeasible, the project shall not be implemented, or the City may require project-level CEQA review, such as an EIR prior to project approval.

Findings for Impact CR-1: The City finds that, while the project does not directly propose any adverse changes to any historic resources, construction activities during development under the DVSP could impact unknown historical resources. This could have a substantial adverse impact on the resources and is therefore considered a potentially significant impact.

Mitigation Measure CR-1 would require that proposed development projects conduct a Historical Resources Evaluation to determine whether or not the building qualifies as a historical resource. City would require that applicants follow prescribed treatment procedures that would avoid or minimize impacts.

Implementation of Mitigation Measure CR-1, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact CR-1 to a less-than-significant level. (LTS) Impact CR-2: Ground-disturbing activities associated with development facilitated by the Specific Plan, particularly in areas that have not previously been developed with urban uses, have not been studied through a cultural resources investigation, or when excavation depths exceed those previously attained, have the potential to damage or destroy previously-unknown historic or prehistoric archaeological resources that may be present on or below the ground

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32 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 21 surface. Impacts are potentially significant, and Mitigation Measure CR-2 would be required to reduce potential impacts to less than significant.(S)
Mitigation Measure CR-2: Archaeological Resources Investigation. At the time of application for discretionary land use permits that involve grading, trenching, or other ground disturbance in native soil with the potential for encountering unknown archaeological resources, the project applicant shall retain a qualified archaeologist meeting the Secretary of the Interior standards in archaeology to complete a Phase 1 cultural resources assessment of the development site. A Phase 1 cultural resources assessment shall include an archaeological pedestrian survey of the development site, if possible, and sufficient background archival research and field sampling to determine whether subsurface prehistoric or historic remains may be present. Archival research shall include a current (no more than one-year old) records search from the Northwest Information Center (NWIC) and a Sacred Lands File (SLF) search conducted with the Native American Heritage Commission (NAHC).

Identified prehistoric or historic archaeological remains shall be avoided and preserved in place where feasible. Where preservation is not feasible, the significance of each resource shall be evaluated for significance and eligibility for listing in the CRHR through a Phase 2 evaluation. A Phase 2 evaluation shall include any necessary archival research to identify significant historical associations as well as mapping of surface artifacts, collection of functionally or temporally diagnostic tools and debris, and excavation of a sample of the cultural deposit to characterize the nature of the sites, define the artifact and feature contents, determine horizontal boundaries and depth below surface, and retrieve representative samples of artifacts and other remains.

Cultural materials collected from the sites shall be processed and analyzed in the laboratory according to standard archaeological procedures. The age of the materials shall be determined using radiocarbon dating and/or other appropriate procedures; lithic artifacts, faunal remains, and other cultural materials shall be identified and analyzed according to current professional standards. The significance of the sites shall be evaluated according to the criteria of the CRHR. The results of the investigations shall be presented in a technical report following the standards of the California Office of Historic Preservation publication “Archaeological Resource Management Reports: Recommended Content and Format (1990 or latest edition)” (http://ohp.parks.ca.gov/pages/1054/files/armr.pdf). Upon completion of the work, all artifacts, other cultural remains, records, photographs, and other documentation shall be curated an appropriate curation facility. All fieldwork, analysis, report production, and curation shall be fully funded by the applicant.

If the resources meet CRHR significance standards, the City shall ensure that all feasible recommendations for mitigation of archaeological impacts are incorporated into the final

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33 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

22 design and permits issued for development. If necessary, Phase 3 data recovery excavation, conducted to exhaust the data potential of significant archaeological sites, shall be carried out by a qualified archaeologist meeting the SOI standards for archaeology according to a research design reviewed and approved by the City prepared in advance of fieldwork and using appropriate archaeological field and laboratory methods consistent with the California Office of Historic Preservation Planning Bulletin 5 (1991), Guidelines for Archaeological Research Design, or the latest edition thereof. As applicable, the final Phase 1 Inventory, Phase 2 Testing and Evaluation, and/or Phase 3 Data Recovery reports shall be submitted to the City prior to issuance of construction permit. Recommendations contained therein shall be implemented throughout all ground disturbance activities.

Findings for Impact CR-2: The City finds that, while the project does not directly propose any adverse changes to any historic or prehistoric archaeological resources, construction activities during development under the DVSP could potentially damage or destroy previously-unknown resources that may be present on or below the ground surface. This could have a substantial adverse impact on the resources and is therefore considered a potentially significant impact. Mitigation Measure CR-2 would require a phased Archaeological Resources Investigation to identify prehistoric or historic archaeological remains and determine their significance. The measure requires that identified prehistoric or historic archaeological remains shall be avoided and preserved in place where feasible.

If avoidance is not feasible, the measure requires that the resources be processed and analyzed in the laboratory according to standard archaeological procedures and that any additional mitigation be implemented in accordance with recommendations of the project archaeologist.

Implementation of Mitigation Measure CR-2, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact CR-2 to a less-than-significant level.(LTS)

3. Geology and Soils
Impact GEO-1: Ground disturbance in the DVSP area may result in the destruction, damage, or loss of undiscovered scientifically-important paleontological resources. The implementation of Mitigation Measure GEO-1 would reduce impacts to paleontological resources to a less than significant level.(S)
Mitigation Measure GEO-1: Paleontological Resources Monitoring and Mitigation. The City of Marina shall require the following specific requirements for individual projects in the DVSP that would require excavation exceeding five feet:

1. Prior to excavations exceeding five feet, a qualified professional paleontologist shall be retained to direct all mitigation measures related to paleontological resources. A qualified professional paleontologist is defined by the SVP standards as an individual preferably with

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34 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 23 an M.S. or Ph.D. in paleontology or geology who is experienced with paleontological procedures and techniques, who is knowledgeable in the geology of California, and who has worked as a paleontological mitigation project supervisor for a least two years (SVP 2010).

2. The qualified professional paleontologist shall design a Paleontological Resources Mitigation and Monitoring Program (PRMMP) for the project, which outlines the procedures and protocol for conducting paleontological monitoring and mitigation. Monitoring shall be conducted by a qualified paleontological monitor who meets the minimum qualifications per standards set forth by the SVP. The PRMMP shall address the following procedures and protocols:
• Timing and duration of monitoring
• Procedures for work stoppage and fossil collection
• The type and extent of data that should be collected with any recovered fossils • Identify an appropriate curatorial institution
• Identify the minimum qualifications for qualified paleontologists and paleontological monitors
• Identify the conditions under which modifications to the monitoring schedule can be implemented
• Details to be included in the final monitoring report.

3. Prior to the start of construction, the qualified paleontologist or his or her designee shall conduct a paleontological Worker Environmental Awareness Program (WEAP) training for construction personnel regarding the appearance of fossils and the procedures for notifying paleontological staff should fossils be discovered by construction staff.

4. Full-time paleontological monitoring shall be conducted during ground disturbing construction activities (i.e., grading, trenching, foundation work) exceeding five feet, pursuant to the PRMMP. Paleontological monitoring is not required for any construction activities that do not exceed depths of less than five feet. If the qualified paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, he/she may recommend that monitoring be reduced to periodic spot-checking or cease entirely.

5. In the event of a fossil discovery by the paleontological monitor or construction personnel, all work in the immediate vicinity of the find shall cease. The qualified paleontologist shall

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35 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

24 evaluate the find before restarting construction activity in the area. If it is determined that the fossil(s) is (are) scientifically significant, the qualified paleontologist shall complete the following conditions to mitigate impacts to significant fossil resources:
a. The paleontological monitor shall evaluate the discovery and determine if the fossil may be considered significant. If the fossils are determined to be potentially significant, the qualified paleontologist shall recover them following standard field procedures for collecting paleontological resources as outlined in the PRMMP. If fossils are discovered, the qualified paleontologist shall recover them as specified in the project’s PRMMP. b. Once salvaged, significant fossils shall be prepared to a curation-ready condition, and curated in a scientific institution with a permanent paleontological collection. c. Upon completion of ground disturbing activity (and curation of fossils if necessary) the qualified paleontologist should prepare a final mitigation and monitoring report outlining the results of the mitigation and monitoring program. The report shall be submitted to the City of Marina.

Findings for Impact GEO-1: The City finds that ground disturbance to intact geologic units within project areas mapped as Older Quaternary sedimentary deposits (Qos) have the potential to impact paleontological resources at depths greater than five feet. Because the entire Plan area is underlain by Qos, construction activities associated with any future project pursuant to the Specific Plan may result in the destruction, damage, or loss of undiscovered scientifically-important paleontological resources. The implementation of Mitigation Measure GEO-1 would reduce impacts to paleontological resources to a less than significant level by including an implementation program requiring paleontological resource studies for projects that would require excavation greater than five feet and implementation of further requirements to avoid or reduce impacts to such resources on a project-by-project basis.

Implementation of Mitigation Measure GEO-1, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact GEO-1 to a less-than-significant level. (LTS)

4. Hazards, Hazardous Materials, and Wildfires
Impact HAZ-1: Redevelopment of portions of the Specific Plan area with known or potential contamination of soil, groundwater, and/or soil vapor (subsurface contamination) may result in the disturbance of hazardous materials, presenting a risk of human exposure. New development could also present potential risk of exposure to contamination associated with commercial and/or industrial land use. Hence, development and redevelopment pursuant to the Specific Plan would increase the potential for exposure to subsurface contamination hazards. This impact is potentially significant.(S)

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36 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 25 Mitigation Measure HAZ-1: Project-Level Hazardous Materials Assessment. Prior to obtaining grading permits or starting other ground disturbing work for individual projects, the Community Development Director or their designee shall hire a qualified environmental professional to conduct a Phase I environmental assessment (ESA), consistent with the American Society for Testing Materials standards (ASTM E1527). The Phase I ESA shall evaluate the likelihood that hazardous chemicals are present and whether soil sampling is necessary. If the Phase I ESA indicates that contamination is unlikely, no further mitigation is necessary other than any recommendations identified in the Phase I ESA (such as stopping work if stained soil is encountered).

If the Phase I ESA indicates that additional soil sampling or other further evaluation is necessary, the City shall hire a qualified environmental professional to conduct a Phase II ESA to determine the presence and extent of contamination. If the results indicate that contamination exists at levels above regulatory action standards, then the site shall be remediated in accordance with recommendations made by applicable regulatory agencies, including RWQCB and DTSC. The agencies involved shall depend on the type and extent of contamination. If remediation is necessary, the City or their designee shall hire a qualified environmental professional prior to obtaining grading permits or ground disturbance to prepare a work plan that identifies necessary remediation activities, including excavation and removal of on-site contaminated soils, appropriate dust control measures, and redistribution of clean fill material on the project site. The plan shall include measures that ensure the safe transport, use, and disposal of contaminated soil removed from the site. The plan shall also identify when and where soil disturbing construction activities may safely commence.

Findings for Impact HAZ-1: The City finds that disturbance of contaminated soil or groundwater during construction activities could result in the disturbance of hazardous materials, presenting a health risk to any person exposed to the contaminants. New development could also present potential risk of exposure to contamination associated with commercial and/or industrial land use. Therefore, development and redevelopment pursuant to the Specific Plan would increase the potential for exposure to contamination hazards.

Mitigation Measure HAZ-1 identifies steps to be taken prior to ground disturbing activities.

These measures include preparation of Phase I (and potentially Phase II) ESA reports prepared by a qualified environmental assessment professional which would include recommendations for further investigation or remedial action, as appropriate, for hazardous materials contamination.

Implementation of Mitigation Measure HAZ-1, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact HAZ-1 to a less-than-significant level.(LTS)

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26 5. Noise
Impact HYD-1: Construction facilitated by the DVSP could exceed the construction noise threshold and impacts would be potentially significant. Operational activities, such as traffic and the use of mechanical equipment facilitated by the DVSP, would also exceed noise thresholds and impacts would be potentially significant. (S)
Mitigation Measure NOI-1(a): Construction Noise Reduction Measures. The following measures shall be implemented if construction is to occur within 500 feet of a residential property line:
• The City shall ensure that notes for grading plans and/or site improvement plans clearly state the noise limitation requirements of Municipal Code Section 15.04.055. • Construction activities shall occur as to not exceed the 60 dBA LEQ noise limit at a receiving property line. Measures to reduce noise levels below the 60 dBA LEQ noise limit include, but are not limited to, the following:
• Mufflers. During project site excavation and grading, construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards. • Stationary Equipment. Stationary construction equipment shall be located and oriented so that emitted noise is directed away from the nearest noise sensitive receivers. • Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise sensitive receivers.
• Electrically-Powered Tools and Facilities. Where available, electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.
• Sound Barriers. Temporary noise barriers shall be implemented between the construction equipment and the receiving property lines. The noise barriers shall be constructed of material with a minimum weight of two pounds per square foot with no gaps or perforations. Noise barriers may be constructed of, but not limited to, 5/8-inch plywood, 5/8-inch oriented strand board, and hay bales. Noise barriers may consist of sound blankets affixed to construction fencing along the construction site boundary facing potentially sensitive receivers
• Idling. Construction vehicles shall be prohibited from idling in excess of five minutes.

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38 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 27 Mitigation Measure NOI-1(b): Site-Specific Acoustic Analysis – Multi-Family Residences. This mitigation measure applies to future multi-family residential development on Reservation Road, Del Monte Boulevard, Reindollar Avenue, Reindollar Avenue, Carmel Avenue, California Avenue, Crescent Avenue to the south of Reservation Road, Lynscott Drive, and Bayer Street. Prior to the approval of multi-family residential building permits in these locations, the City shall require an acoustical analysis demonstrating to the satisfaction of the Community Development Director (or their designee) that 1) the proposed building plans ensure that interior noise levels due to exterior noise sources will be at or below Marina’s interior noise standard of 45 dBA Ldn for residential uses in any habitable room, and 2) required exterior areas are not exposed to noise levels in excess of the City’s maximum acceptable exterior noise level of 60 dBA Ldn. Design-level architectural plans shall be available during design review and will permit the accurate calculation of transmission loss for habitable rooms. If necessary, the analysis shall identify measures to reduce noise levels to within City standards, which may include, but would not be limited to:
• Design of the project to include exterior areas shielded from the roadways by the project buildings;
• Sound walls to reduce noise to exterior areas; and/or • Windows with increased Sound Transmission Class [STC] ratings for interior areas, etc.).

It is preferred that the interior noise standard be attained with open windows. However, where the interior noise standard is attainable only with closed windows and doors, mechanical ventilation shall be required.

Mitigation Measure NOI-1(c): Site-Specific Acoustic Analysis – Office Uses. Concurrent with Design Review and prior to the approval of building permits for office uses on Reservation Road and Del Monte Boulevard, the City shall require an acoustical analysis 1) demonstrating to the satisfaction of the Development Services Director (or their designee) that the required exterior areas are not exposed to noise levels in excess of the City’s maximum acceptable exterior noise level of 67 dBA Ldn for office uses. If necessary, the analysis shall identify measures to reduce noise levels to within City standards, which may include, but would not be limited to design of the project to include exterior areas shielded from the roadways by the project buildings or sound walls to reduce noise to exterior areas.

Mitigation Measure NOI-1(d): HVAC Mechanical Equipment Shielding. Concurrent with Design Review and prior to the approval of building permits, the City shall require a design plan demonstrating to the satisfaction of the Development Services Director (or their designee) that the noise level from operation of mechanical equipment shall not cumulatively

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39 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

28 exceed the following noise level limits for a designated receiving land use category as specified in Table 4.2 in the Marina General Plan:
• From 7 a.m. to 10 p.m.:
• 50 dBA Leq
• 70 dBA Lmax
• 65 dBA Lmax, impulsive
• From 10 p.m. to 7 a.m.:
• 45 dBA Leq
• 65 dBA Lmax
• 60 dBA Lmax, impulsive
Noise control measures may include, but are not limited to, the selection of quiet equipment, equipment setbacks, parapet walls, silencers, and/or acoustical louvers. Marina shall require noise attenuation features that would reduce sound levels to allowable noise levels.

Findings for Impact NOI-1: The City finds that development under the DVSP would result in noise that exceeds applicable standards during both construction and operation. This would be considered a potentially significant impact. Mitigation Measure NOI-1(a) through NOI-1(d) would reduce noise from construction activities, require site-specific acoustic analyses for future multi-family residential and office uses in affected areas, require implementation of additional measures as identified in the site-specific acoustic analyses to reduce noise levels to within City standards, and would require a design plan demonstrating that the noise level from operation of mechanical equipment shall not cumulatively exceed established noise level limits for a designated receiving land use category as specified in Table 4.2 in the Marina General Plan. Therefor Mitigation Measures NOI-1(a) through (d) listed above, would ensure that any potential impacts to special-status species would be reduced to a less than significant level.

Implementation of Mitigation Measure NOI-1(a) through (d), set forth above, which are hereby adopted and incorporated into the project, will reduce Impact NOI-1 to a less-than- significant level. (LTS)

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40 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 29 6. Tribal Cultural Resources
Impact TCR-1: Although no known tribal cultural resources are present on the Plan area, there is the possibility of encountering unknown tribal cultural resources or known cultural resources that may be identified as tribal cultural resources. Ground disturbance associated with projects facilitated by the Specific Plan has the potential to significantly impact tribal cultural resources.

Mitigation is required to ensure that any unanticipated discoveries of tribal cultural resources are avoided or, where avoidance is infeasible, mitigated to a less than significant level. (S) Mitigation Measure TCR-1: Unanticipated Discovery of Tribal Cultural Resources. In the event that cultural resources of Native American origin are identified during development facilitated by the DVSP, all earth-disturbing work within 50 feet of the find shall be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native American tribes, determines that the resource is a tribal cultural resource and thus significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with state guidelines and in consultation with local Native American group(s). The plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. The plan shall include measures to ensure the find is treated in a manner that respectfully retains, to the degree feasible, the qualities that render the resource of significance to the local Native American group(s).

Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Findings for Impact TCR-1: The City finds that, while the project does not directly propose any adverse changes to any known tribal cultural resources, construction activities during development under the DVSP could impact unknown resources. This could have a substantial adverse impact on the resources and is therefore considered a potentially significant impact. Mitigation Measure TCR-1 would require suspension of construction activities if Native American cultural resources are encountered until an archaeologist can evaluate the resource and consult with appropriate local Native American representatives. If the City, in consultation with local Native American tribes, determines that the resources is significant under CEQA, the measure requires preparation and implementation of a mitigation plan that would avoid the resources if feasible, or outline appropriate treatment if avoidance is not feasible.

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30 Implementation of Mitigation Measure TCR-1, set forth above, which is hereby adopted and incorporated into the project, will reduce Impact TCR-1 to a less-than-significant level. (LTS)
F. CUMULATIVE IMPACTS
An EIR is required to discuss the cumulative impacts of a project when the project’s incremental effect is cumulatively considerable. CEQA Guidelines §15130(a). “Cumulatively considerable” means that the incremental effects of the project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. CEQA Guidelines § 15065(a)(3); Pub. Resources Code § 21083(b)(2).

When evaluating cumulative impacts, CEQA allows the use of either a list of past, present, and probable future projects, including projects outside the control of the lead agency, or a summary of projections in an adopted planning document. To determine the project’s potential cumulative impacts, the Final EIR considers the effects of the project over the course of the 20-year planning period (2024-2044) in conjunction with growth and development projections contained within adopted local plans in the cities of Marina and Seaside and select projects in Monterey County and in the Fort Ord area. For the purposes of analyzing the cumulative analysis of the project, these local plans and projects include the City of Marina’s General Plan and Municipal Code.

The Final EIR identified certain potentially significant cumulatively considerable effects that could result from the project. As described in greater detail below, the project could result in the following significant and unavoidable impact, which will be overridden by the specific considerations that are described in this document’s conclusion in Section H of this document.

Cumulative Air Quality Impact: DVSP operation would exceed MBARD thresholds for VOCs, which is considered a cumulatively considerable impact. In addition, DVSP related air pollution may combine with other cumulative projects (past, present, and reasonably foreseeable future) to violate criteria pollutant standards if the existing background sources cause nonattainment conditions. Air pollutant emissions in the DVSP area would contribute to regional air quality in the North Central Coast Air Basin (NCCAB). The NCCAB is designated a nonattainment area for the particulate matter under state standards, and nonattainment transitional for one-hour ozone under state standards and 8-hour ozone national and state standards. Therefore, DVSP project emission impacts combined with cumulative project air quality impacts related to particulate matter (PM10) and ozone are also significant.(S) The DVSP includes Program M-1, described below to address cumulative transportation demand management, which may reduce emissions in the plan area.

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42 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 31 Program M-1: Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, electric vehicle charging, and transportation demand management measures. The plan should include a cost estimate and a financing and capital improvement program.

Findings for Cumulative Air Quality Impact: The City finds that the project, in conjunction with other foreseeable projects, would result in a cumulatively considerable impact for operational VOC emissions and would contribute to regional air quality in the NCCAB for nonattainment areas, specifically for particulate and ozone emissions. This would be considered a cumulatively considerable impact. Implementation of DVSP Program M-1 would reduce impacts by planning and implementing multi-modal transportation options that may reduce emissions, however, cumulative impacts related to cumulatively considerable contributions of VOCs, and particulate matter and ozone in non-attainment areas would remain significant and unavoidable.(SU)
Cumulative Transportation Impact:

The DVSP would have an impact on the regional roadway network within Monterey County.

Buildout of cumulative development within and near the Specific Plan area, including the anticipated cumulative projects, would increase traffic volumes on local roadways and regional VMT. Although the DVSP would reduce VMT compared to future baseline conditions, development facilitated by the DVSP would result in an increase in VMT, which would exceed City thresholds. Because buildout of the DVSP would increase VMT, cumulative impacts would be potentially significant. The DVSP would contribute to this cumulative impact because it would add to countywide VMT alongside other development envisioned in the City of Marina and Monterey County. Therefore, the DVSP’s contribution to significant cumulative VMT impacts would be cumulatively considerable. (SU)
Findings for Cumulative Transportation Impact: The City finds that the project, in conjunction with other foreseeable projects, would result in a cumulatively considerable impact for operational activities related to increased VMT that exceeds the City’s thresholds and would add to countywide VMT. This would be considered a cumulatively considerable impact.

Implementation of DVSP Program M-1 would reduce impacts by planning and implementing multi-modal transportation options that may reduce emissions, however, cumulative impacts related to cumulatively considerable contributions of VMT would remain significant and unavoidable.(SU)
Cumulative Water Supply Impact: the DVSP would increase water demand in the Specific Plan area, but would be sufficiently served by existing water supplies. However, substantial excess supply is not anticipated. There would not be sufficient water supply for all cumulative development in normal and dry years. As such, cumulative water supply impacts would be

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32 potentially significant. While the DVSP itself would result in less than significant impacts to water supply, the DVSP would contribute to the cumulative impact. Therefore, the DVSP would result in a cumulatively considerable contribution to cumulative sustainable groundwater management and water supply impacts. This impact would be significant and unavoidable. (SU) Findings for Cumulative Water Supply Impact: The City finds that the project, in conjunction with other foreseeable projects, would result in a cumulatively considerable impact for operational activities related to water supply during normal and dry years. This would be considered a cumulatively considerable impact that would be significant and unavoidable.(SU) G. GROWTH INDUCING IMPACTS
An EIR is required to discuss growth inducing impacts, which consist of the ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. CEQA Guidelines §15126.2(d); Public Resources Code § 21100(b)(5). Direct growth inducement would result, for example, if a project involves the construction of substantial new housing that would support increased population in a community or establishes substantial new permanent employment opportunities.

This additional population could, in turn, increase demands for public utilities, public services, roads, and other infrastructure. Indirect growth inducement would result if a project stimulates economic activity that requires physical development or removes an obstacle to growth and development (e.g., increasing infrastructure capacity that would enable new or additional development). It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. CEQA Guidelines § 15126.2(d). Section VII.A of the Draft EIR analyzes the growth inducing impacts of the project. As explained in Section I, below, the findings in this Section G are based on the Final EIR, the discussion and analysis in which is hereby incorporated in full by this reference.

The City of Marina proposes the DVSP for the City’s 320-acre downtown area to establish a vibrant Downtown, provide a variety of affordable , high quality housing options, create an environment that attracts and sustains economic activity, and establishes a downtown area with safe and efficient multi-modal transportation. The DVSP establishes land use designations, Design Guidelines, public service improvements, mobility elements (e.g., traffic calming measures and improved public transit) and associated Development Code and General Plan amendments.

The DVSP would facilitate an increase of 2,904 residential units, 1,566,374 square feet of retail uses, and 824,581 square feet of office uses over the approximately 20-year planning horizon and beyond. DVSP buildout is accounted for in regional growth projections and would contribute to the City’s projected population of 28,433 residents by 2040. Population increases associated with

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44 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 33 the Specific Plan have been accommodated in regional growth projections, including the Association of Monterey Bay Area Governments Regional Growth Forecast released in 2022.

Additionally, the DVSP itself anticipates and plans for this growth in the Specific Plan area. The DVSP provides guidance for development and growth within the Specific Plan area through guiding policies and goals for orderly development to ensure that growth does not outpace the capacity of existing infrastructure, services, and facilities. Additionally, the DVSP outlines the vision and framework for improving and growing the pedestrian, bicycle, vehicle, and transit network in the Specific Plan area. Lastly, the DVSP addresses the planned distribution, location, extent, and intensity of public facilities. Therefore, the DVSP would not result in significant physical effects due to population growth.

The DVSP prioritizes infill development, reuse of limited underutilized parcels, reimagined mobility options, mixed-use design, and preservation of key elements that make downtown Marina unique while supporting growth in areas already well-served by existing public facilities and services. New development would occur where existing roads, water, sewer, and other utilities are in place and in a manner that minimizes the impact of development on existing infrastructure and services. Despite the proposed change in land use designations, the Specific Plan would generally preserve the existing pattern of land uses in the Downtown area. Therefore, the DVSP would not result in significant physical effects due to a removal of obstacles to growth.

The Final EIR fully analyzes the impacts of all growth contemplated in the project. Secondary or indirect effects associated with this growth do not represent a new significant environmental impact which has not already been addressed in the Final EIR.

H. FEASIBILITY OF PROJECT ALTERNATIVES
The two project alternatives analyzed in the Final EIR include:
• Alternative 1. No Project Alternative: Under this alternative, the DVSP is not adopted or implemented, and instead there is continued implementation of the City’s current General Plan for the plan area. Typical development assumptions are assumed for this alternative, including compliance with applicable regulations or typical City-required measures.
• Alternative 2. Reduced Development Alternative: Under this alternative, the Allendale/Chester Housing Site would not be developed, and 12 of the 24 units associated with development at this site would not be developed.

The Final EIR includes detailed analysis on the potential impacts of each alternative by environmental topic. After reviewing the Final EIR and other relevant information in the

EXHIBIT B
45 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

34 administrative record, the Council determines that the two alternatives are _____(feasible or infeasible). [The reasons for rejecting each alternative are discussed in this section. The reasons for rejecting each alternative are independent and each reason alone is sufficient to support a determination that the alternative is infeasible.]

1. Alternative 1: No Project/No Build Alternative
a. Description
The No Project Alternative assumes that the current land use and zoning designations would not change from the City’s adopted 2005 General Plan, and the DVSP would not be adopted or implemented. Existing development in the Specific Plan area includes approximately 1,005,000 square feet of commercial, retail, and office uses and approximately 2,301 dwelling units. Under the No Project Alternative, existing land use designations would remain the same, but additional development could occur as currently allowed under these designations. Because the Downtown area is already largely developed, there is very little vacant land in the urban core of the city.

This alternative does not preclude future development within the downtown area, but much of its development potential has already been realized. Additionally, without the DVSP, there would be no opportunity for streamlined review and approval of projects within Marina’s Downtown area. Accordingly, less development would occur under this alternative than under the DVSP.

Buildout in accordance with the existing 2005 General Plan would not meet project objectives.

Under the No Project Alternative, there would be no physical modifications to the downtown that would promote a walkable and vibrant downtown with mixed uses and integration with adjoining neighborhoods, parks, and trails. Additionally, the No Project Alternative would not facilitate the development of a variety of affordable, high-quality housing options. The dispersed locations of vacant and underutilized lots that would be available for development under this alternative would not be conducive to establishing a downtown core area. b. Comparison to Project
The No Project Alternative would not achieve, or would achieve to a lesser degree, the following project goals and objectives:

Goals
• Land Use and Development. A community with a safe, walkable, and vibrant Downtown, that attracts diverse business opportunities, encourages appropriate mixed uses, and integrates adjoining neighborhoods, parks, and trails.

• Community Identity. A Downtown that complements Marina’s natural setting, provides opportunities for an attractive and functional built environment, accommodates and

EXHIBIT B
46 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 35 reflects the diversity of our community, where people gather for social, cultural, educational, and recreational experiences.

• Cultural Diversity. A Downtown where people of all incomes, ages, abilities, races, and cultures feel like they belong.

• Housing Affordability. A variety of affordable, high-quality housing options for people to live in Downtown.

• Environment and Sustainability. Development in Downtown that employs green building technology, employs net zero building principles, and is designed to create more comfortable indoor and outdoor environments.

• Economic Vitality. An environment that attracts and sustains economic activity through innovation, business and social opportunities.

• Mobility. A Downtown with safe and efficient pedestrian and vehicular circulation that encourages people to gather, walk, bike, or use public transportation.

• Public Facilities and Infrastructure. Ensure that there are adequate public services and public utilities are provided for future development, and enhance the Downtown by planning for future public facilities.

Objectives
• Establish a safe, walkable, and vibrant Downtown that attracts diverse business opportunities, encourages appropriate mixed uses, and integrates adjoining neighborhoods, parks, and trails.
• Provide a variety of affordable, high-quality housing options for people of all incomes, ages, abilities, races, and cultures to live in Downtown. • Create an environment that attracts and sustains economic activity. • Establish a Downtown with safe and efficient pedestrian and vehicular circulation that encourages alternative modes of transportation.

Proposed Specific Plan development and policies related to promoting non-automobile transportation and public transit would not be implemented under this alternative. As a result, VMT generated by residential and office uses would be greater than that of the DVSP and would further exceed VMT thresholds established by the City of Marina. Therefore, impacts related to VMT would be significant and unavoidable. In addition, cumulative impacts related to VMT would also be significant and unavoidable and this Alternative’s cumulative contribution to VMT would be greater than that of the proposed Project.

EXHIBIT B
47 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

36 Overall, the No Project Alternative would result in fewer emissions from both construction and operation of new development in the Specific Plan area compared to the proposed Specific Plan.

Therefore this alternative would result in less than significant air quality impacts with mitigation, and impacts would be reduced compared to the DVSP.

Because adequate water supplies would be available for the proposed Specific Plan at full buildout, adequate water supplies would also be available for the reduced development that occurs under the No Project Alternative. Similarly, the No Project Alternative would involve less development and less intense buildout, and would have lesser impacts to groundwater recharge, water quality, and sustainable groundwater management compared to the proposed project.

Therefore, impacts related to water supply would be reduced compared to the DVSP and would be less than significant.

Because the No Project Alternative would facilitate development currently allowed by Marina’s 2005 General Plan, projected growth and development in Marina is already accounted for by the Marina Coast Water District. The No Project Alternative would not require the relocation or construction of new or expanded water facilities. Impacts related to water supply would be reduced compared to the DVSP and would be less than significant. c. Findings
Because this alternative would not achieve most of the Project goals and objectives, and because it would worsen impacts related to VMT , Alternative 1: No Project/No Build Alternative is hereby rejected.

2. Alternative 2: Reduced Development Alternative
a. Description
The Reduced Development Alternative would reduce the number of new residential units and the total square footage of non-residential development that could be constructed in the Specific Plan area. The purpose of this alternative is to reduce significant impacts to air quality and VMT associated with the DVSP. The Reduced Development Alternative would facilitate approximately 25 percent less development than the proposed Specific Plan, and would involve a net increase of 2,178 residential units and approximately 1,039,000 square feet of non-residential development compared to existing conditions.

Based on an average of 2.65 people per household, the Reduced Development Alternative would result in a population increase of 5,772 people in the Downtown area (2.65 multiplied by 2,178 residential units). Additionally, with approximately 25 percent less non-residential development, this alternative would result in 25 percent less employment opportunities compared to the

EXHIBIT B
48 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 37 proposed project, or 2,014 jobs. Therefore, the service population of the Reduced Development Alternative would be 4,192 people.

Although new development would be reduced by 25 percent under this alternative, the proposed Specific Plan boundary would remain the same. The reduction in buildout would be achieved through a corresponding reduction in density allowances. Goals, policies, and development standards contained in the Downtown Vitalization Specific Plan related to land use, mobility, infrastructure, and sustainability would continue to apply to this alternative. Similarly, design guidelines within the Specific Plan would also continue to apply.

Buildout facilitated by the Reduced Development Alternative would meet the project goals and objectives, but to a lesser extent than the proposed Specific Plan. The Reduced Development Alternative would promote a walkable and vibrant downtown with mixed uses and integration with adjoining neighborhoods, parks, and trails, and would facilitate the development of a variety of affordable, high-quality housing options. However, since 25 percent less development would be facilitated under this alternative compared to the DVSP, fewer improvements and less affordable housing would be developed under this alternative. b. Comparison to Project
The Reduced Development Alternative would achieve to a slightly lesser degree than the project the following project goals and objectives:
• Housing Affordability. A variety of affordable, high-quality housing options for people to live in Downtown.
• Provide a variety of affordable, high-quality housing options for people of all incomes, ages, abilities, races, and cultures to live in Downtown.

This alternative would allow the city to establish a vibrant Downtown, though with less margin for development of some sites at lower densities. This alternative would result in 726 fewer housing units than the project and would thus achieve this objective to a slightly lesser degree.

By comparison, the proposed Plan would allow up to 2,904 residential units (or 726 units more than this alternative) and approximately 1,385,200 square feet of non-residential development.

The Reduced Development Alternative would develop fewer housing units and less non- residential uses compared to existing conditions and compared to the proposed DVSP.

Implementation of the Reduced Development Alternative would result in a total net reduction in development potential by 726 units at buildout and would result in 346, 200 square feet less of non-residential development when compared to the project.

This alternative would reduce significant impacts related to VMT and air quality associated with the DVSP. VMT would be reduced under this alternative compared to the proposed Specific

EXHIBIT B
49 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

38 Plan, but impacts related to VMT would remain significant and unavoidable. The Reduced Development Alternative would result in the average emission of 132 pounds per day of VOCs, which would be below the MBARD significance threshold of 137 pounds per day, which would be a less than significant impact.

Because the Reduced Development Alternative would involve approximately 25 percent less buildout than the DVSP, this alternative would also have sufficient water supplies during all project phases. Additionally, the Reduced Development Alternative would involve less development and less intense buildout than the DVSP, and would accordingly have less impacts to groundwater recharge, water quality, and sustainable groundwater management compared to the proposed project. Therefore, impacts would be reduced compared to the DVSP and would be less than significant.

Similar to the proposed project, the Reduced Development Alternative would require new water service connections to be installed to provide the water demand associated with buildout.

Construction of new connections would be required to implement Best Management Practices and comply with laws and regulations to avoid or minimize adverse effects to water supply from the installation of new water service connections, and impacts would be less than significant. The Reduced Development Alternative would have less than significant impacts associated with the construction of new water facilities, similar to the DVSP.

Similar to the DVSP, under the Reduced Development Alternative there would not be sufficient water supply for all cumulative development in normal and dry years. Therefore, the Reduced Development Alternative would result in a cumulatively considerable contribution to cumulative sustainable groundwater management and water supply impacts, but to a lesser degree than the proposed project.

Because this alternative would avoid significant unavoidable air pollutant emissions and reduce impacts related to VMT and water supply, this alternative is considered the environmentally superior alternative.
c. Findings
For the foregoing reasons, Alternative 2: Reduced Development Alternative is hereby rejected because it would provide fewer benefits than the proposed Project.

3. Environmentally Superior Alternative
In addition to the discussion and comparison of Alternatives, Section 15126.6(e)(2) of the CEQA Guidelines requires that an “environmentally superior” alternative be selected and the reasons for such a selection be disclosed. The environmentally superior alternative is the alternative that would be expected to create the least significant environmental effects. Identification of the

EXHIBIT B
50 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 39 environmentally superior alternative is an informational procedure and the alternative selected may not be the alternative that best meets the goals or needs of the City.

Typically, the No Project Alternative is considered the environmentally superior alternative in the strict sense that environmental impacts associated with implementation of the proposed project would result in the least amount of development of all the alternatives examined.

However, as noted previously, adoption of a No Project Alternative would not result in meeting many of the Project goals and objectives. Moreover, Section 15126.6(e)(2) of the CEQA Guidelines states that if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.

In either case, comparison of the environmental impacts associated with each alternative, as described above, indicates that the Reduced Development Alternative (Alternative 2) would represent the superior alternative in terms of reduced significant environmental impacts.

Alternative 2 would result in a reduced level of residential development and non-residential development, compared to the proposed project, and therefore its impacts associated with VMT and cumulative water supply would be reduced and significant unavoidable air quality impacts would be avoided compared with the proposed project. However, Alternative 2 would not fully meet the project objectives set forth above.

For the foregoing reasons, Alternative 2 is considered the environmentally superior alternative.

Finding: For the foregoing reasons, Alternative 2: Reduced Development Alternative is hereby rejected because it would provide fewer benefits than the proposed Project.

I. INCORPORATION BY REFERENCE
These findings incorporate the text of the Final EIR for the project, the MMRP, City staff reports relating to the project, and other documents related to public hearings on the project, by reference, in their entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, project and cumulative impacts, the basis for determining the significance of impacts, the determination of the environmentally superior alternative, and the reasons for approving the project.

J. RECIRCULATION NOT REQUIRED
CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when “significant new information” is added to the EIR after public notice is given of the availability of the Draft EIR but before certification. No significant new information was added to the Draft EIR as a result of the public comment process. The February

EXHIBIT B
51 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

40 2024 Final EIR responds to comments and clarifies, amplifies and makes insignificant modifications to the Draft EIR. These modifications include:
• Text changes to provide clarity to the analysis, make minor text corrections, or fix grammatical or typographic errors.
• Text changes in response to comments received on the Draft EIR. • The addition of text to Mitigation Measure BIO-1 to further reduce the impacts of development proposed by requiring assessment and avoidance of bumble habitat in undeveloped area of the DVSP.

These revisions do not constitute significant new information regarding the project description, environmental and regulatory setting, conclusions of the environmental analysis, or in the mitigation measures or requirements incorporated into the project to mitigate impacts, or otherwise provide significant new information that would require recirculation of the Draft EIR pursuant to CEQA Guidelines section 15088.5. The Final EIR analyzes the impacts of development associated with implementation of the DVSP, and does not identify any new significant effects on the environment or a substantial increase in the severity of an environmental impact. For the foregoing reasons, recirculation of the Final EIR is not required.

Finding: For the foregoing reasons, recirculation of the Final EIR is not required.

K. RECORD OF PROCEEDINGS
Various documents and other materials related to the project constitute the record of proceedings upon which the City bases its findings and decisions contained herein. The City Clerk is designated as the custodian of the documents and record of proceedings. Those documents and materials are located in the City’s Clerk’s office at 211 Hillcrest Avenue, Marina, CA 93933.

L. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, under CEQA Guidelines section 15093(a), those effects may be considered acceptable. As set forth above, the City has found that the project will result in significant adverse project and cumulative environmental impacts related Air Quality, Transportation, and Water Supply that cannot be avoided following adoption, incorporation into the project, and implementation of mitigation measures described in the Final EIR. In addition, there are no feasible project alternatives that would mitigate or avoid all of the Project’s significant environmental impacts. Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of

EXHIBIT B
52 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 41 significant impacts that are not avoided or substantially lessened, the agency must state in writing the reasons to support its actions. See also Public Resources Code Section 21081(b).

Having balanced the economic, legal, social, technological or other benefits of the Project, including region-wide or statewide environmental benefits, against its significant and unavoidable environmental impacts, the City finds that the project’s benefits outweigh its unavoidable adverse environmental effects, and that the adverse environmental effects are therefore acceptable.

The following statement identifies the reasons why, in the City’s judgment based on substantial evidence, specific benefits of the project outweigh the significant and unavoidable effects. The substantial evidence supporting the benefits of the project can be found in the preceding sections of these Findings, in the project itself, and in the record of proceedings as defined in Section K, above. The City further finds that each of the project’s benefits discussed below is a separate and independent basis for these findings. The reasons set forth below are based on the Final EIR and other information in the administrative record.

1. Comply with state requirements to accommodate anticipated population growth and unmet housing needs.

The City is mandated, pursuant to State Housing Element law, to plan for and accommodate the City’s Regional Housing Needs Allocation (RHNA) of 685 units as part of the 6th Cycle Housing Element. The RHNA, prepared by HCD and AMBAG, reflects the number of housing units that must be provided to meet the forecast population growth and the need for housing among the existing population. The Project will promote development in a manner that would accommodate anticipated population growth for the City and existing need for housing, as required by the City’s 6th Cycle RHNA. The Project accommodates this population, along with a buffer in the housing inventory, by incorporating goals and objectives into the General Plan and making changes to the Zoning Code necessary to accommodate the development intensity needed to satisfy the RHNA.

2. Facilitate the development of a housing stock comprising a variety of housing and tenancy types which meet the varied needs of current and future residents who represent a full spectrum of age, income, and other demographic characteristics.

The project would provide a variety of housing options for Marina residents across all income groups. The project accommodates the potential future development of up to 2,904 residential units at various income levels, which would achieve the Project’s goal of facilitating the development of a housing stock comprising a variety of housing and tenancy types which meet the varied needs of current and future residents who represent a full spectrum of age, income, and other demographic characteristics. .

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53 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

42 3. Provide zoning for residential development in close proximity to retail, services, and employment opportunities.

Adoption of the proposed amendments to the Zoning Code will allow for mixed-use residential development at greater densities, thereby promoting convenience, economic vitality, and quality of life. Without the Project, there would be lesser or no opportunity for streamlined review and approval of projects within Marina’s Downtown area. Accordingly, less development would occur without the DVSP, and the dispersed locations of existing vacant and underutilized lots would not be conducive to establishing a downtown core area. There would also be fewer physical modifications to the downtown that would promote a walkable and vibrant cityscape with mixed uses and integration with adjoining neighborhoods, parks, and trails.

4. Establish a Downtown with safe and efficient pedestrian and bicycle circulation that encourages alternative modes of transportation.

The Project would create a pedestrian-friendly Downtown core by investing in traffic calming measures, active transportation facilities and amenities, a holistic approach to parking management, and improved public transit service in Downtown.

The Project would locate more residents and businesses near bicycle facilities and thereby increase usership. The DVSP would facilitate expansion of existing bicycle facilities and includes specific goals and policies (Goal M-1 and Programs M-1 and M-2) that call for providing convenient access and circulation for all modes of transportation and enhancing bicycling in the Specific Plan area.

The Project identifies opportunities to expand the pedestrian realm with parklets and curb extensions, and to increase pedestrian access in the Downtown by developing a complete pedestrian network. The DVSP includes pedestrian network improvements to address the need for safer, more visible crossings on high-speed, high-volume arterial streets and comfortable off- street facilities that provide alternative access routes to local amenities. The future pedestrian facilities improvements envisioned in the DVSP would not conflict with the existing or planned pedestrian facilities because they would either tie into or replace existing facilities. The DVSP includes specific goals (Goal M-1 and Policies M-1.3 through M-1.9) that would encourage increasing pedestrian access throughout the Downtown area, and development of a complete sidewalk system within Downtown. .

5. Invest in traffic calming measures, active transportation facilities and amenities, a holistic approach to parking management, and improved public transit service in Downtown
The DVSP would make several traffic improvements in the Downtown area, including clustering traffic signals in the Core district and constructing roundabouts at major intersections;

EXHIBIT B
54 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 43 implementation of protected bike lanes on Reservation Road; filling in gaps along incomplete sidewalks; narrowing vehicle travel lanes; and other improvements. The DVSP would also implement traffic calming measures to reduce vehicle speeds to promote a pedestrian-oriented environment.

The Project would locate more residents and businesses near transit facilities and thereby increase ridership. In addition, as shown in the Cumulative Projects List (Section 3, Environmental Setting, Table 3-1), the SURF! rapid transit line would serve the commute route between Marina to Monterey, which is anticipated to improve transit options in Marina in the future. The DVSP includes specific goals and policies (Goal M-1 and Policies M-1.14 through M-1.16) related to transit that would encourage collaboration with MST to expand the bus routes that serve the Marina Transit Exchange, increase pedestrian access to the Marina Transit Exchange, and facilitate the SURF! bus rapid transit line to help realize downtown’s potential to become a multi-modal mixed-use district.

6. Establish Marina as a destination that accommodates a mix of commercial, retail, office, and residential uses served by an improved transportation network The Project’s land use designations were established to allow for increased densities throughout the Downtown area. Districts include the Core, which would allow for residential densities of up to 70 units per acre; the Transition district and Mixed-Use Node, which would allow for up to 50 units per acre; and the Multifamily Residential district which would allow for up to 35 units per acre. Of the 2,301 existing residential units in the Downtown area, 1,638 (approximately 71 percent) are located in areas that would be designated as Multifamily Residential, 377 (approximately 16 percent) are located in areas that would be designated as Transition or Mixed- Use, and 286 (approximately 13 percent) are located in areas that would be designated as Core.

Buildout of the Project could include approximately an additional 1,385,000 square feet of new retail and office space. When added to existing development, the Plan area could include a total of up to approximately 2,390,000 square feet of commercial and retail space.

Proposed commercial and light industrial uses in the Downtown encompass roughly 860,000 square feet on 88 acres. The Downtown Core includes 407,000 square feet of commercial uses on 36 acres. Another 416,000 square feet of commercial uses can be found on 46 acres in the Transition zone. Area-wide, calculations also assume additional land would be devoted to the public right-of-way in the future.

7. Provide public improvements deemed necessary during the design process Future development projects in the Specific Plan area would be required to provide public improvements deemed necessary during the design process. The public right-of-way in the Specific Plan area encompasses 67 acres, or 21 percent of the total land area. The Specific Plan

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55 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

44 calls for the creation of smaller, more walkable blocks with mid-block crossings to increase access.

Based on the entire record, including the EIR, the specific economic, social, and environmental benefits of the Project, as stated above, outweigh and override any significant unavoidable environmental effects that would result from future Project implementation. The City has determined that any significant environmental effects caused by the Project have been mitigated to the extent feasible through the mitigation measures identified herein and adopted and incorporated into the Project, and, where mitigation is not feasible, has been outweighed and counterbalanced by the economic, legal, social, technological and other benefits of the Project, including region-wide or statewide environmental benefits.

M. SUMMARY
The City makes the following findings pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091:

1. Based on the foregoing Findings and the information contained in the record, the City has made one or more of the following Findings with respect to each of the significant environmental effects of the project:
a. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects identified in the Final EIR.
b. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the Final EIR that would otherwise avoid or substantially lessen the identified significant environmental effects of the project.

2. Based on the foregoing Findings and the information contained in the record, the City determines that:
a. All significant effects on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant effects on the environment found to be unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations, above.

EXHIBIT B
56 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 45 N. FINDINGS OF FACT FOR ADOPTING THE DOWNTOWN SPECIFIC PLAN That the proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and policies embodied in the General Plan.

Supportive Evidence: The Downtown Specific Plan would facilitate housing production and preservation; increase retail and entertainment activity; encourage higher-density mixed-use residential projects; add visitor-oriented uses; support a greater range of civic and cultural activities; improve the safety and comfort of pedestrians; enhance bicycle infrastructure and connections; and target uses and activities that appeal to a wide range of Marina residents and employees. These conditions for downtown are in harmony with the overall intent of the Marina 2000 General Plan, including the following goals and policies regarding land use, urban design, environmental resources, transportation and circulation, public facilities, and public safety:

General Plan Policy 1.20 The following procedures are established to ensure that amendments are processed in a consistent manner and in accord with the Community Goals and Primary Policies of this Plan:

1. The City Council, or the Planning Commission with the concurrence of the City Council, may initiate general plan amendments at any time by directing staff to prepare the necessary analysis and scheduling the proposed amendment for consideration at a public hearing.

2. Any person or agency or organization may request an amendment to the general plan by filing the appropriate application and paying required fees. Such application shall include:
a. A description of the proposed amendment and why it is needed; and An explanation of how the proposed revision(s) is or are consistent with community values and needs as articulated by the Community Goals and Primary Policies of the General Plan.

Supporting Evidence: In February 2022 the City Council directed city staff to revise an existing contract with Rincon Consulting to update the Downtown Specific Plan. The Downtown Plan is needed to implement General Plan Policy 5.11 which directs the City to prepare said plan. The Downtown Plan, at full buildout, will produce an additional 2,904 housing units and 1.3 million square feet of new office and retail space. This will directly implement General Plan Policies 4.79 and 4.71. With the adoption of the Sixth Cycle Housing Element and the Downtown Specific Plan, additional grant funding is available to make the downtown core more walkable in support of General Plan Policies 4.73.

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57 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

46 4.71 The City shall work with property owners and businesses within this area to attract new retail uses to currently economically under-utilized parcels and to undertake area improvements which would make the area more attractive to shoppers. The overall pattern of development should be such that shoppers or business visitors will park at one location and walk to their various destinations. Specific measures relating to this goal are enumerated below and shown in Figure 4.16.

4.73 As new development and major remodeling of existing structures along this corridor occur, the pedestrian-oriented shopping experience shall be enhanced by taking the following steps: 1.

A continuous pedestrian-oriented frontage shall be provided along the street face of the buildings and be integrated, where possible, with neighboring commercial buildings. 2.

Commercial buildings should be located at major pedestrian entrances from Reservation Road, and a well-defined pedestrian link shall be provided to commercial uses located back from the street edge

4.79 To promote the City’s objective of creating a demographically and economically balanced community, a wide range of housing options shall be provided, the cost and mix of which shall be approximately proportional to the housing needs of existing and future employed persons within the City. Housing shall be balanced with commercial uses, providing for retail and services and for office, research, commercial-service and industrial uses That the Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of Division I of Title 7 of the California Government Code, commencing with Section 65450.

Supportive Evidence In accordance with Gov’t Code Section 65450, the City may prepare specific plans for the systematic implementation of its general plan for all or part of the area covered by the general plan. The Downtown Specific Plan serve as a regulatory tool to implement the 2000 Marina General Plan and guide development in downtown Marina in direct support of General Plan Policy 5.11.

General Plan Policy 5.11 Specific plans shall be prepared for three major areas:
1) Armstrong Ranch;
2) University Village; and
3) the Downtown Vitalization Area. As discussed above, such plans can serve as an alternative to zoning. Given the uniqueness of each of these areas, the use of specific plans as a primary regulatory tool will be especially advantageous because specific plans permit the use of development requirements that are more location-specific than general municipal zoning. The

EXHIBIT B
58 MARINA DOWNTOWN VITALIZATION SPECIFIC PLAN AND EIR AUGUST 2024 EXHIBIT – CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 47 degree of specificity or generality of the requirements can also vary in a manner not possible with zoning, thereby allowing either greater flexibility or more specific guidance.

O. FINDINGS OF FACT-ENABLING ORDINANCE AND ZONING CODE

AMENDMENTS TO IMPLEMENT THE DOWNTOWN SPECIFIC PLAN
Pursuant to Chapter 17.72 of the Marina Municipal Code this title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter.

Supportive Evidence: The Downtown Specific Plan would facilitate housing production and preservation; increase retail entertainment activity; encourage higher-density mixed-use residential projects; add visitor-oriented uses; support a greater range of civic and cultural activities; improve the safety and comfort of pedestrians; enhance bicycle infrastructure and connections; and target uses and activities that appeal to a wide range of Marina residents and employees. These conditions for downtown are in harmony with the overall intent of the Marina 2000 General Plan, including the following goals and policies regarding land use, urban design, environmental resources, transportation and circulation, public facilities, and public safety:

Pursuant to Section 17.72.020 of the Marina Municipal Code an amendment to the Zoning Code shall be initiated by one of three ways:

17.72.020 Initiation. An amendment may be initiated by:

A. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee to be established by resolution of the city council from time to time hereafter enacted, no part of which shall be returnable to the petitioner; or by
B. Resolution of intention by the city council;
C. Resolution of intention by the planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)
Support Evidence: By the adoption of City Council resolution 2022-19 City staff were directed to update the Draft Downtown Specific Plan and work with Rincon Consulting to complete all necessary project deliverables including modifications to the Zoning Code.

1810483.3

EXHIBIT B
59 Exhibit C-Downtown Specific Plan
https://www.cityofmarina.org/201/Downtown-
Vitalization

EXHIBIT C
60 Exhibit D-Final EIR
https://www.cityofmarina.org/945/Environmental-
Review

EXHIBIT D
61 Exhibit E-MMRP
https://www.cityofmarina.org/945/Environmental-
Review

EXHIBIT E
62 Exhibit F-Consolidated Downtown Specific Plan
Comments
https://www.cityofmarina.org/201/Downtown-
Vitalization

EXHIBIT F
63 ORDINANCE NO. 2024-

AN ORDINACNE OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL

CODE, AND AMENDING THE CITY OF MARINA ZONING MAP, TO

IMPLEMENT THE DOWNTOWN SPECIFIC PLAN
WHEREAS, on October 15, 2024, the Marina City Council reviewed the proposed Downtown Specific Plan , corresponding City of Marina 2000 General Plan text and Land Use Map amendments (GPA -24-003), and the associated Environmental Impact Report, Mitigation Monitoring and Reporting Program, and CEQA findings of fact and statement of overriding considerations; and
WHEREAS, the adoption of the Downtown Specific Plan requires zoning code and zoning map amendments to implement said plan; and
WHEREAS, the City of Marina desires to comply with Senate Bill SB 1333 , which requires cities to ensure consistency between their General Plan and zoning ordinance; WHERERAS, the City of Marina desires to ensure the Zoning Map is consistent with the Downtown Specific Plan

Marina City CouncilOctober 15, 2024

Marina City Council
October 15, 2024