Agenda — Marina City Council, June 3, 2025 (part 1 of 3)

AGENDA

Tuesday, June 3, 2025 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

GROUNDWATER SUSTAINABILITY AGENCY

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

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

Glendora, California 91741

AND

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

PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.

The most effective method of communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record.

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

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

1 Note: Pursuant to Government Code Section 54953(b), this meeting will include teleconference participation by Mayor Bruce C. Delgado from the address above. This Notice and Agenda will be posted at the teleconference location

Agenda for City Council Meeting of Tuesday, June 3, 2025 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 an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) Jenny 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)(2)), 1 potential case. Based on existing facts and circumstances, there is significant exposure to litigation. Such facts and circumstances creating significant exposure to litigation are not known to potential plaintiff(s). b. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) (1 case(s)) i. City of Marina, et. al. v. California Coastal Commission, et al., 22-C V-004063, Monterey Superior Court
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. LGBTQ+ Pride Month Proclamation
b. Imjin Parkway Presentation

7. COUNCIL AND STAFF ANNOUNCEMENTS:

Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 3

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

Accounts Payable Successor Agency Check Number 131, totaling $ 5,462.49. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) May 20, 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. 2025-, certifying City of Marina compliance with State law (Proposition 218) with respect to special assessment for the Seabreeze Landscape Maintenance Assessment District for FY 2025- 2026.
(2) Adopting Resolution No. 2025 -, certifying City of Marina compliance with State law (Proposition 218) with respect to special assessment for the Monterey Bay Estates Landscape Maintenance Assessment District for FY 2025-2026.

Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 4

(3) Adopting Resolution No. 2025 -, confirming levy of a special tax for the City of Marina Community Facilities District No. 2007 -2 (Locke Paddon) for Fiscal Year 2025 -2026 as authorized by Ordinance No. 2007-09, and; c onsider adopting Resolution No. 2025 -, certifying City of Marina compliance with State law (Proposition 218) with respect to levying of special taxes for the City of Marina Community Facilities District No. 2007 -2 for Fiscal Year 2025 -2026 as authorized by Ordinance No. 2007-09.
(4) Adopting Resolution No. 2025 -, approving the purchase of a fully equipped RAVO R5-ISERIES Compact Diesel Street Sweeper from our Sourcewell Contractor.
(5) Adopting Resolution No. 2025-, approving the appropriation of $85,000 from Public Facilities Impact Fee Fund No. 215 (Roadway & Intersection Impact Fees) to the City Capital Improvement Projects Fund No. 462.TBD for the Dunes on Monterey Bay (“Dunes”) Traffic Impact Analysis (TIA) update.
(6) Adopting Resolution No. 2025 -, Approving a clarification on the adopted fee schedule for sidewalk replacement.
(7) Adopting Resolution No. 2025 -, setting a public hearing for July 1, 2025, on the proposed intention to amend Chapter 3.26 of the Marina Municipal Code regarding mitigation fees for new development within the City of Marina.
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 5-, approving Amendment No. 3 to the agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California, to provide engineering services to complete the plans for widening of Imjin Parkway between Reservation Road and Imjin Road.
(2) Adopting Resolution No. 2025 -, approving two new contracts with Denise Duffy and Associates to continue providing biological consulting services to the City of Marina in support of the city’s Incidental Take Permit for Monterey Gilia and other protected species and in support of the City’s Fort Ord Habitat Management Compliance and find these actions are exempt from CEQA.
(3) Adopting Resolution No. 2025 -, approving an agreement with Tripepi Smith and Associates to provide on -call communication support, public outreach, and public engagement support services.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Community Human Services May 15, 2025, Board Meeting Highlights k. FUNDING & BUDGET MATTERS: None
Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 5

l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and consider adopting Ordinance No. 2025 -06, renewing Ordinance No. 2022 -02, Marina Municipal Code Chapter 9.26 “Military Equipment Use”.
(2) Read by Title Only and consider adopting Ordinance No. 2025 -07, amending the Zoning Code (Title 17) ; to implement Program 2.4 of the Housing Element.
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. Open a public hearing, and consider introducing Ordinance No. 2025 -, approving the proposed amendments to Title 17, Article 1 , by amending Sections 17.06, 17.08, 17.12, 17.18, 17.20, and 17.22 of the Marina Municipal Code pertaining to day care centers and Section 17.42.135.1 pertaining to the concentration restrictions for small and large family child care homes, as set forth in the proposed Ordinance, and f inding this action is exempt from environmental review pursuant to Section 15061(B)(3) of the CEQA Guidelines.
b. Open a public hearing and consider introducing Ordinance No. 2025 -, amending the Zoning Code (Title 17) to implement Program 3.3 (Design Review Process Requirements and Design Thresholds ) of the Housing Element; and f ind that the action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).
c. Open a public hearing and consider introducing Ordinance No. 2025 -, amending the Marina Municipal Code by adding Chapter 2.56 (Building Appeals Board) to Title 2 (Administration and Personnel) of the Marina Municipal Code; and find that the ordinance is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
d. Consider adopting Resolution No. 2025-, approving the 2025 Engineering and Traffic Survey with recommended speed limits ; and authorize a budget appropriation of $10,000 of Gas Tax/Street Fund for signs and supplies; and authorize the Finance Director to make necessary accounting and budgetary entries; and consider introducing Ordinance No. 2025 -, for first reading by title only and waive further reading, amending Section 10.60.010 “Speed Limits Established” of Chapter 10.60 “Speed Limits” of Title 10 “Vehicles and Traffic” to adopt prima facie speed limits pursuant to an engineering and traffic survey and the California Vehicle Code (CVC).

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.

Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 6

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. 2025 -, approving an agreement with Denise Duffy and Associates to implement a monitoring plan for Hilltop Park within Phase 2 East of University Village in an amount not to exceed $24,000; and discussion to dissolve the Hilltop Park Ad Hoc Committee. Continued from May 20, 2025

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

15. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, May 30, 2025.

___________________________________

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

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

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

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

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884 -1278 or e -mail: [email protected]. Requests must be made at least 48 hours in advance of the meeting.

Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 7

U p c o m i n g 202 5 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C o m m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C o r p o r a t i o n , P r e s t o n P a r k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p m e n t A g e n c y a n d M a r i n a G r o u n d w a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M e e t i n g s : 5 : 0 0 p . m . C l o s e d S e s s i o n ; 6 : 3 0 p . m . R e g u l a r O p e n S e s s i o n s

Tuesday, June 17, 2025-Rescheduled
Tuesday, June 24, 2025
Tuesday, July 1, 2025

Tuesday, October 7, 2025
Tuesday, October 21, 2025

Tuesday, July 15, 2025 (Cancelled) Tuesday, November 4, 2025 Tuesday, November 18, 2025

**Wednesday, August 6, 2025
Tuesday, August 19, 2025 (Cancelled)

Tuesday, December 2, 2025
Tuesday, December 16, 2025
*Wednesday, September 3, 2025
Tuesday, September 16, 2025

* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out *** Regular Meeting rescheduled due to General Election Day

C I T Y H A L L 202 5 H O L I D A Y S
(City Hall Closed)

Juneteenth Day----------------------------------------------------------- Thursday, June 19, 2025 Independence Day (City Offices Closed) ---------------------------------- Friday, July 4, 2025 Labor Day ------------------------------------------------------------ Monday, September 1, 2025 Veterans Day (City Offices Closed) ----------------------------- Tuesday, November 11, 2025 Thanksgiving Day ------------------------------------------------- Thursday, November 27, 2025 Thanksgiving Break -------------------------------------------------- Friday, November 28, 2025 Winter Break ------------ Wednesday, December 24, 2025-Wednesday, December 31, 2025

2025 COMMISSION DATES

U p c o m i n g 2025 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.

June 12, 2025 August 14, 2025
August 28, 2025
October 9, 2025
October 23,2 025
June 26, 2025 September 11, 2025 November 13, 2025
July 10, 2025 September 25, 2025 November 27, 2025 (Cancelled) July 24, 2025 December 11, 2025

Agenda for City Council Meeting of Tuesday, June 3, 2025 Page 8

U p c o m i n g 2025 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 1st Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

June 5, 2025 September 4, 2025 November 6, 2025
July 3, 2025 October 2, 2025 December 4, 2025
August 7, 2025

U p c o m i n g 2025 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 second month. Meetings are held at the Council Chambers at 6:30 P.M.

July 2, 2025 September 10, 2025 November 5, 2025

U p c o m i n g 2 0 2 5 M e e t i n g s o f M a r i n a T r e e C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.

July 9, 2025 October 8, 2025

Agenda Item: 6a
1 Project Overview
Project Phasing
Upcoming Changes
Project Timeline
AGENDA
01:08:43
Agenda Item: 6b
2 CURRENT PHASE/TRAFFIC FLOW

3 TRAFFIC SHIFT 5/29/2025

4 PHASE 4 FINAL PAVING & STRIPING

5 PROGRESS PHOTOS
Curb machine for linear stretches – up to 4200 LF/day
Imjin Road Roundabout & paving for transition Marina Heights Drive Roundabout Paving operations for first layer of asphaltBioswales for roadway drainage Abrams Drive Roundabout

6 BID OPENING – JANUARY 23, 2023
START CONSTRUCTION – FEBRUARY 13, 2024
PHASE 1 COMPLETE – FEBRUARY 27, 2025
PHASE 2 COMPLETE – LATE SUMMER 2025
PHASE 3 COMPLETE – EARLY 2026
PHASE 4 COMPLETE – MAY 2026

PROJECT TIMELINE
01:08:43

Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6113145221 Monthly Verizon Bill- 308174766
Paid by EFT #
6162
05/10/2025 05/20/2025 05/20/2025 05/23/2025 213.87
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $213.87 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $213.87 Division 000 - Non-Div Totals Invoice Transactions 1 $213.87 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 1 $213.87 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6113145221 Monthly Verizon Bill- 308174766
Paid by EFT #
6162
05/10/2025 05/20/2025 05/20/2025 05/23/2025 102.86
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $102.86 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $102.86 Division 000 - Non-Div Totals Invoice Transactions 1 $102.86 Department 130 - Finance Totals Invoice Transactions 1 $102.86 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 10257 - Goldfarb & Lipman 482986 The Dunes - April 2025 Paid by EFT # 6157
05/14/2025 05/15/2025 05/15/2025 05/23/2025 985.50
10257 - Goldfarb & Lipman 482985 General - April 2025 Paid by EFT # 6157
05/14/2025 05/15/2025 05/15/2025 05/23/2025 146.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 2 $1,131.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,131.50 Division 000 - Non-Div Totals Invoice Transactions 2 $1,131.50 Department 150 - City Attorney Totals Invoice Transactions 2 $1,131.50 Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6150.500 - Medical Vision
10607 - Vision Service Plan 05-01-25 VSP Adjustment
(05.2025)
Paid by Check
# 106994
05/01/2025 05/01/2025 05/01/2025 05/23/2025 21.84
10607 - Vision Service Plan 05-01-.25 VSP - COBRA 05.2025 Paid by Check # 106994
05/01/2025 05/01/2025 05/01/2025 05/23/2025 68.43
Account 6150.500 - Medical Vision Totals Invoice Transactions 2 $90.27 Run by Melanie Hernandez on 05/22/2025 12:44:11 PM Page 1 of 13 Accounts Payable by G/L Distribution Report
Payment Date Range 05/23/25 - 05/23/25
Agenda Item: 10a
Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000023486092
CALNET3-9391023491
(884-9654)
Paid by Check
# 106963
05/15/2025
05/20/2025
05/20/2025
05/23/2025

92.75 10758 - AT & T CALNET3
000023486086
CALNET3-9391023485
(884-2573)
Paid by Check
# 106963
05/15/2025
05/20/2025
05/20/2025
05/23/2025

33.00 10758 - AT & T CALNET3
000023486084
CALNET3-9391023485
(884-2573)
Paid by Check
# 106963
05/15/2025
05/20/2025
05/20/2025
05/23/2025

31.75 10758 - AT & T CALNET3
000023486091
CALNET3-9391023490
(884-9568)
Paid by Check
# 106963
05/15/2025
05/20/2025
05/20/2025
05/23/2025

60.39 Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
4 $217.89
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
May 2025 683-2
PG&E 6217294683-2
Paid by Check
# 106983
05/15/2025
05/20/2025
05/20/2025
05/23/2025
189.50
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $189.50
Account
6400.565 - Material & Suppl Office Supplies
12248 - Blue Triton Brands Inc
25D872033978
3 Water Cooler Rentals
and Replacement
Water
Paid by Check
# 106965
05/14/2025
05/19/2025
05/19/2025
05/23/2025
185.86
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $185.86
Account
6600.010 - Other Charges Alarm
10239 - First Alarm
887261
Alarm Monitoring -
3200 Del Monte Blvd
June-Aug 2025
Paid by EFT #
6156
05/15/2025
05/15/2025
05/15/2025
05/23/2025
182.58
10239 - First Alarm
884849
Alarm Monitoring - 211
Hillcrest Ave
Audio/Visual Room
Paid by EFT #
6156
05/15/2025
05/15/2025
05/15/2025
05/23/2025
113.67
10981 - Sentry Alarm Systems of America,
Inc.
2283482
Alarm Monitoring -
Sports Center - Jun-
Aug 2025
Paid by Check
# 106987
05/15/2025
05/15/2025
05/15/2025
05/23/2025
285.00
10981 - Sentry Alarm Systems of America,
Inc.
133128
Sports Center Service
Charge
Paid by Check
# 106987
04/30/2025
05/15/2025
05/15/2025
05/23/2025
250.00
Account
6600.010 - Other Charges Alarm
Totals
Invoice Transactions
4 $831.25
Account
6600.090 - Other Charges Claims, Judgments, Damages
10375 - MBASIA-Monterey Bay Area Self
Insurance Authority
May2025 600-1
MBASIA - Claim for
Payment
Paid by Check
# 106978
04/28/2025
05/06/2025
05/06/2025
05/23/2025
177.40
Account
6600.090 - Other Charges Claims, Judgments, Damages
Totals
Invoice Transactions
1 $177.40
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
13 $1,692.17
Division
000 - Non-Div
Totals
Invoice Transactions
13 $1,692.17
Department
190 - Citywide Non-Dept
Totals
Invoice Transactions
13 $1,692.17
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 2 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10143 - Civicplus
337087
Next Request Annual
Fee 7/1/25 - 6/30/26
Paid by EFT #
6154
07/01/2025
07/31/2025
05/19/2025
05/23/2025
10,067.40
10143 - Civicplus
337081
Emergency Mass
Notification 7/1/25 -
6/30/26
Paid by EFT #
6154
07/01/2025
07/31/2025
05/15/2025
05/23/2025
9,450.00
10143 - Civicplus
337075
Social Media Archiving
7/1/25 - 6/30/26
Paid by EFT #
6154
07/01/2025
07/31/2025
05/15/2025
05/23/2025
7,547.40
12065 - Hasco Stations, LLC
HCL-021467-25
Car Wash
Paid by Check
# 106974
05/15/2025
05/20/2025
05/20/2025
05/23/2025
119.00
11764 - Kurt Ashley / Secure Solutions
001694
Background - Macias,
Joshua
Paid by Check
# 106975
05/15/2025
05/15/2025
05/15/2025
05/23/2025
1,540.00
10326 - Language Line, LLC
11585498
Translation
Paid by Check
# 106976
04/30/2025
05/12/2025
05/12/2025
05/23/2025
273.54
10456 - Shred-it USA - Stericycle, Inc.
8010805423
Shredding - Onsite
Paid by Check
# 106988
05/18/2025
05/20/2025
05/20/2025
05/23/2025
172.61
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
7 $29,169.95
Account
6360.050 - Maint & Repairs Building
10239 - First Alarm
887264
Monitoring
Paid by EFT #
6156
05/15/2025
05/15/2025
05/15/2025
05/23/2025
218.82
10239 - First Alarm
887645
Service Call and labor -
Ticket 230043
Paid by EFT #
6156
05/19/2025
05/20/2025
05/20/2025
05/23/2025
767.50
Account
6360.050 - Maint & Repairs Building
Totals
Invoice Transactions
2 $986.32
Account
6380.150 - Utilities Comm Phone System
10053 - AT & T
May 2025 0676
Acct # 325820676
Paid by Check
# 106962
05/13/2025
05/20/2025
05/20/2025
05/23/2025
204.31
10758 - AT & T CALNET3
0023486080
Acct # 9391023478
Paid by Check
# 106963
05/15/2025
05/15/2025
05/12/2025
05/23/2025

61.95 Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
2 $266.26
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
Apr 2025 74-
000
Acct # 014874-000
Paid by Check
# 106977
04/28/2025
05/12/2025
05/12/2025
05/23/2025
162.07
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
1 $162.07
Account
6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation
43963178
Office Supplies
Paid by Check
# 106985
05/01/2025
05/12/2025
05/12/2025
05/23/2025

81.13 10498 - Quill Corporation
44006817
Office Supplies
Paid by Check
# 106985
05/06/2025
05/15/2025
05/15/2025
05/23/2025

92.85 10498 - Quill Corporation
44002984
Office Supplies
Paid by Check
# 106985
05/05/2025
05/15/2025
05/15/2025
05/23/2025
118.31
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
3 $292.29
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 3 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.720 - Material & Suppl Safety Equip
10727 - Ace Hardware-Public Safety
091412
Supplies - Broom
Paid by Check
# 106961
05/13/2025
05/13/2025
05/12/2025
05/23/2025

27.30 Account
6400.720 - Material & Suppl Safety Equip
Totals
Invoice Transactions
1 $27.30
Account
6400.800 - Material & Suppl Uniform
10309 - Salinas Valley Pro Squad
217
Uniform - Sievers
Paid by Check
# 106986
04/21/2025
05/12/2025
05/12/2025
05/23/2025
1,324.02
10566 - Symbol Arts
0531052
"Of the Year" badges
Paid by Check
# 106989
05/19/2025
05/20/2025
05/20/2025
05/23/2025
328.56
Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
2 $1,652.58
Account
6600.455 - Other Charges Leased Parking
12070 - Open Road Investors, LLC
1049
Monthly Parking Lot
Rent
Paid by Check
# 106982
05/21/2025
05/21/2025
05/21/2025
05/23/2025
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
813427
Livescans
Paid by Check
# 106968
05/05/2025
05/12/2025
05/12/2025
05/23/2025
192.00
Account
6600.465 - Other Charges Live Scan
Totals
Invoice Transactions
1 $192.00
Account
6600.485 - Other Charges Medical Svc - Investigations
10776 - Central Valley Toxicology
340687
CVT-25-2628
Paid by Check
# 106970
04/18/2025
05/20/2025
05/20/2025
05/23/2025
222.00
Account
6600.485 - Other Charges Medical Svc - Investigations
Totals
Invoice Transactions
1 $222.00
Account
6600.625 - Other Charges Printing Svc
12091 - MP EXPRESS, INC.
77817
PD Logo Envelopes
Paid by Check
# 106981
05/12/2025
05/12/2025
05/12/2025
05/23/2025
961.97
Account
6600.625 - Other Charges Printing Svc
Totals
Invoice Transactions
1 $961.97
Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc 12245 - BLUEPEARL CALIFORNIA

VETERINARY PRACTICE ENTITY, P
177702
other Vet Service;
emergency
Paid by Check
# 106966
05/04/2025
05/12/2025
05/12/2025
05/23/2025

58.42 Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc Totals
Invoice Transactions
1 $58.42
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
23 $35,591.16
Division
000 - Non-Div
Totals
Invoice Transactions
23 $35,591.16
Department
210 - Police
Totals
Invoice Transactions
23 $35,591.16
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 4 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10623 - Xerox Financial Services
40511689
FD Monthly Copier
Charges 05/03/25-
06/02/25
Paid by Check
# 106992
05/19/2025
05/19/2025
05/19/2025
05/23/2025
257.13
Account
6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals
Invoice Transactions
1 $257.13
Account
6400.740 - Material & Suppl Special Dept Suppl
10129 - Cintas Corporation
4218287408
Towel - Microfiber
Towel
Paid by Check
# 106971
01/17/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4219743170
Towel - Microfiber
Towel
Paid by Check
# 106971
01/31/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4221224468
Towel - Microfiber
Towel
Paid by Check
# 106971
02/14/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4222741268
Towel - Microfiber
Towel
Paid by Check
# 106971
02/28/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4224163915
Towel - Microfiber
Towel
Paid by Check
# 106971
03/14/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4225458328
Towel - Microfiber
Towel
Paid by Check
# 106971
03/27/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4227133332
Towel - Microfiber
Towel
Paid by Check
# 106971
04/11/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4228600887
Towel - Microfiber
Towel
Paid by Check
# 106971
04/25/2025
05/21/2025
05/21/2025
05/23/2025
159.99
10129 - Cintas Corporation
4230060174
Towel - Microfiber
Towel
Paid by Check
# 106971
05/09/2025
05/21/2025
05/21/2025
05/23/2025
159.99
Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
9 $1,439.91
Account
6600.455 - Other Charges Leased Parking
12070 - Open Road Investors, LLC
1049
Monthly Parking Lot
Rent
Paid by Check
# 106982
05/21/2025
05/21/2025
05/21/2025
05/23/2025
400.00
Account
6600.455 - Other Charges Leased Parking
Totals
Invoice Transactions
1 $400.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
11 $2,097.04
Division
000 - Non-Div
Totals
Invoice Transactions
11 $2,097.04
Department
250 - Fire
Totals
Invoice Transactions
11 $2,097.04
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.065 - Maint & Repairs Bdg NonFlagship
10250 - Gavilan Pest Control
0170042
2660 5th Ave
Paid by Check
# 106973
05/06/2025
05/12/2025
05/12/2025
05/23/2025
105.00
10250 - Gavilan Pest Control
0170242
3260 Imjin Rd
Paid by Check
# 106973
05/06/2025
05/12/2025
05/12/2025
05/23/2025

90.00 Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 5 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.065 - Maint & Repairs Bdg NonFlagship
10250 - Gavilan Pest Control
0170245
Multiple Locations
Paid by Check
# 106973
05/07/2025
05/12/2025
05/12/2025
05/23/2025
1,825.00
Account
6360.065 - Maint & Repairs Bdg NonFlagship
Totals
Invoice Transactions
3 $2,020.00
Account
6360.440 - Maint & Repairs Landscape General
10952 - MuttMitt - ZW USA Inc.
763329
City MuttMitts
Paid by EFT #
6158
05/12/2025
05/12/2025
05/12/2025
05/23/2025
1,250.52
10952 - MuttMitt - ZW USA Inc.
759837
City muttmitts
Paid by EFT #
6158
04/21/2025
05/12/2025
05/12/2025
05/23/2025
1,250.52
Account
6360.440 - Maint & Repairs Landscape General
Totals
Invoice Transactions
2 $2,501.04
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
Apr 2025 56-
099
9th Street West of 2nd
Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
2,376.64
10349 - Marina Coast Water District
Apr 2025 56-
100
9th Street Irrigation
Parcels L&M
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
558.94
10349 - Marina Coast Water District
Apr 2025 56-
102
9th St & 4th Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
210.01
10349 - Marina Coast Water District
Apr 2025 56-
110
9th Street & 4th Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
363.31
10349 - Marina Coast Water District
Apr 2025 56-
109
8th Street
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
458.21
10349 - Marina Coast Water District
Apr 2025 56-
108
Imjin Pkwy & Marina
Heights
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
283.01
10349 - Marina Coast Water District
Apr 2025 56-
107
9th Street Irrigation
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
683.04
10349 - Marina Coast Water District
Apr 2025 56-
103
2940 Fifth Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
138.81
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
8 $5,071.97
Account
6400.630 - Material & Suppl Portable Toilet
10587 - United Rentals
INV-5328349
Beach Rd & Deforest
Rd Windy Hill Park
Paid by Check
# 106991
05/15/2025
05/16/2025
05/16/2025
05/23/2025
260.35
Account
6400.630 - Material & Suppl Portable Toilet
Totals
Invoice Transactions
1 $260.35
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
14 $9,853.36
Division
311 - Buildings & Grounds
Totals
Invoice Transactions
14 $9,853.36
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 6 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
313 - Vehicle Maint
Sub-Division
00 - Non-Subdiv
Account
6360.850 - Maint & Repairs Vehicle
10428 - Monterey Tire Service
1-124306
21 Chevy tahoe c1500
Paid by Check
# 106980
05/10/2025
05/12/2025
05/12/2025
05/23/2025
740.64
Account
6360.850 - Maint & Repairs Vehicle
Totals
Invoice Transactions
1 $740.64
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $740.64
Division
313 - Vehicle Maint
Totals
Invoice Transactions
1 $740.64
Department
310 - Public Works
Totals
Invoice Transactions
15 $10,594.00
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.610 - Prof Svc Planning - Consultant
10515 - Rincon Consultants, Inc.
65751
Marina Planning
Support
Paid by EFT #
6160
05/19/2025
05/20/2025
05/20/2025
05/23/2025
717.25
10515 - Rincon Consultants, Inc.
65606
Marina on-call GIS
Support
Paid by EFT #
6160
05/15/2025
05/20/2025
05/20/2025
05/23/2025
1,320.50
Account
6300.610 - Prof Svc Planning - Consultant
Totals
Invoice Transactions
2 $2,037.75
Account
6330.100 - Fee Agr Costs - Planning
10508 - Regional Government Services
18422
Marina Dunes Misc
March
Paid by EFT #
6159
03/31/2025
05/21/2025
05/21/2025
05/23/2025
3,198.78
Account
6330.100 - Fee Agr Costs - Planning
Totals
Invoice Transactions
1 $3,198.78
Account
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
6113145221
Monthly Verizon Bill-
308174766
Paid by EFT #
6162
05/10/2025
05/20/2025
05/20/2025
05/23/2025
102.91
Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $102.91
Account
6600.490 - Other Charges Membership Prof Orgs
10783 - ParcelQuest
8589-5-2025
Parcel Quest Renewal
Paid by Check
# 106984
05/20/2025
05/21/2025
05/21/2025
05/23/2025
2,399.00
Account
6600.490 - Other Charges Membership Prof Orgs
Totals
Invoice Transactions
1 $2,399.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $7,738.44
Division
000 - Non-Div
Totals
Invoice Transactions
5 $7,738.44
Department
410 - Planning
Totals
Invoice Transactions
5 $7,738.44
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 7 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6500.700 - Training & Travel Training & Travel
11882 - Tyler Lewis - Employee
04-23-25
Training
Paid by Check
# 106990
04/23/2025
05/12/2025
05/12/2025
05/23/2025
207.00
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $207.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $207.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $207.00
Department
420 - Engineering
Totals
Invoice Transactions
1 $207.00
Department
510 - Recreation & Culture
Division
100 - Admin
Sub-Division
00 - Non-Subdiv
Account
6380.150 - Utilities Comm Phone System
10053 - AT & T
May 2025 520 5
AT&T 831-582-9957
520 5
Paid by Check
# 106962
05/13/2025
05/20/2025
05/20/2025
05/23/2025
468.04
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
1 $468.04
Account
6500.700 - Training & Travel Training & Travel
12249 - California Association of Public
Information Offic
24295
webinar fee
Paid by Check
# 106967
05/19/2025
05/21/2025
05/21/2025
05/23/2025

45.00 Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $45.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $513.04
Division
100 - Admin
Totals
Invoice Transactions
2 $513.04
Department
510 - Recreation & Culture
Totals
Invoice Transactions
2 $513.04
Fund
100 - General Fund
Totals
Invoice Transactions
74 $59,881.08
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 8 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.780 - Maint & Repairs Traffic Signals
11248 - Bear Electrical Solutions, Inc.
25485
Traffic Signal
Maintenance Services
Paid by Check
# 106964
01/31/2025
05/12/2025
05/12/2025
05/23/2025
250.00
11248 - Bear Electrical Solutions, Inc.
26523
Traffic signal
maintenance response
Paid by Check
# 106964
04/30/2025
05/16/2025
05/16/2025
05/23/2025
880.00
Account
6360.780 - Maint & Repairs Traffic Signals
Totals
Invoice Transactions
2 $1,130.00
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
May 2025 827-8
PG&E - 0423929827-8
Paid by Check
# 106983
05/11/2025
05/20/2025
05/20/2025
05/23/2025
179.93
10463 - Pacific Gas & Electric
May 2025 535-3
PG&E - 6161832535-3
Paid by Check
# 106983
05/11/2025
05/20/2025
05/20/2025
05/23/2025
311.85
10463 - Pacific Gas & Electric
May 2025 851-0
PG&E - 3440977851-0
Paid by Check
# 106983
05/13/2025
05/20/2025
05/20/2025
05/23/2025
225.01
10463 - Pacific Gas & Electric
May 2025 683-2
PG&E 6217294683-2
Paid by Check
# 106983
05/15/2025
05/20/2025
05/20/2025
05/23/2025
956.70
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
4 $1,673.49
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
Apr 2025 56-
036
2nd Ave/Divarty &
Intergarrison
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
223.14
10349 - Marina Coast Water District
Apr 2025 56-
037
2nd Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
223.14
10349 - Marina Coast Water District
Apr 2025 56-
049
Imjin Rd (Irrigation
Backflow Accts)
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
223.14
10349 - Marina Coast Water District
Apr 2025 56-
095
2nd Ave
Paid by Check
# 106977
04/28/2025
05/16/2025
05/16/2025
05/23/2025
223.14
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
4 $892.56
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
10 $3,696.05
Division
000 - Non-Div
Totals
Invoice Transactions
10 $3,696.05
Department
000 - Non-Dept
Totals
Invoice Transactions
10 $3,696.05
Fund
220 - Gas Tax
Totals
Invoice Transactions
10 $3,696.05
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 9 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

45.14 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $45.14
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $45.14
Division
000 - Non-Div
Totals
Invoice Transactions
1 $45.14
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $45.14
Fund
251 - CFD - Locke Paddon
Totals
Invoice Transactions
1 $45.14
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 10 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
255 - Housing Assistance Fund
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6600.400 - Other Charges - Fees
10463 - Pacific Gas & Electric
May 2025 340-8
PG&E - 8376495340-8
Paid by Check
# 106983
05/11/2025
05/20/2025
05/20/2025
05/23/2025

17.79 Account
6600.400 - Other Charges - Fees
Totals
Invoice Transactions
1 $17.79
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $17.79
Division
000 - Non-Div
Totals
Invoice Transactions
1 $17.79
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $17.79
Fund
255 - Housing Assistance Fund
Totals
Invoice Transactions
1 $17.79
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 11 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

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
11364 - COAR Design Group
22826
Aquatic & Sports
Center
Paid by EFT #
6155
05/14/2025
05/19/2025
05/19/2025
05/23/2025
202,499.00
11084 - EMC Planning Group
24-132-4
Locke Paddon Wetlands
Community Park &
Pond Management Plan
Paid by Check
# 106972
01/31/2025
05/20/2025
05/20/2025
05/23/2025
632.03
11084 - EMC Planning Group
24-132-5
Locke Paddon Wetlands
Community Park &
Pond Management Plan
Paid by Check
# 106972
02/28/2025
05/20/2025
05/20/2025
05/23/2025
684.33
10515 - Rincon Consultants, Inc.
65542
Marina Housing
Element Update
Paid by EFT #
6160
05/15/2025
05/20/2025
05/20/2025
05/23/2025
3,103.50
10515 - Rincon Consultants, Inc.
65541
Marina Housing
Element Update
Paid by EFT #
6160
05/15/2025
05/20/2025
05/20/2025
05/23/2025
4,095.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
5 $211,013.86
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $211,013.86
Division
000 - Non-Div
Totals
Invoice Transactions
5 $211,013.86
Department
000 - Non-Dept
Totals
Invoice Transactions
5 $211,013.86
Fund
462 - City Capital Projects
Totals
Invoice Transactions
5 $211,013.86
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 12 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

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
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
6113145221
Monthly Verizon Bill-
308174766
Paid by EFT #
6162
05/10/2025
05/20/2025
05/20/2025
05/23/2025
102.91
Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $102.91
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
May 2025 767-2
751 Neeson Rd Bldg
526 (2652040767-2)
Paid by Check
# 106983
05/08/2025
05/27/2025
05/14/2025
05/23/2025
125.27
10463 - Pacific Gas & Electric
May 2025 288-5
781 Neeson Rd Bldg
520 (7175660288-5)
Paid by Check
# 106983
05/08/2025
05/27/2025
05/14/2025
05/23/2025
400.53
10463 - Pacific Gas & Electric
May 2025 451-7
3271 Imjin Rd
(8600650451-7)
Paid by Check
# 106983
05/07/2025
05/14/2025
05/14/2025
05/23/2025
382.49
10463 - Pacific Gas & Electric
May 2025 347-0
3263 Imjin Rd. Bldg
519 (6258961347-0)
Paid by Check
# 106983
05/07/2025
05/27/2025
05/14/2025
05/23/2025
841.74
10463 - Pacific Gas & Electric
May 2025 103-6
3200 Imjin Rd Bldg 507
(8030427103-6)
Paid by Check
# 106983
05/07/2025
05/27/2025
05/14/2025
05/23/2025
4,198.30
10463 - Pacific Gas & Electric
April 2025 767-
2 751 Neeson Rd Bldg
526 (2652040767-2)
Paid by Check
# 106983
04/09/2025
05/14/2025
05/14/2025
05/23/2025

32.70 10463 - Pacific Gas & Electric
May 2025 683-2
PG&E 6217294683-2
Paid by Check
# 106983
05/15/2025
05/20/2025
05/20/2025
05/23/2025
396.79
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
7 $6,377.82
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
8 $6,480.73
Division
000 - Non-Div
Totals
Invoice Transactions
8 $6,480.73
Department
000 - Non-Dept
Totals
Invoice Transactions
8 $6,480.73
Fund
555 - Marina Airport
Totals
Invoice Transactions
8 $6,480.73
Grand Totals
Invoice Transactions
99 $281,134.65
Run by Melanie Hernandez on 05/22/2025 12:44:11 PM

Page 13 of 13 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
110 - City Council
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.565 - Material & Suppl Office Supplies
11790 - Quality Print & Copy
24257
Business Cards - Bruce
C. Delgado - 500
Paid by EFT #
6192
05/20/2025
05/27/2025
05/27/2025
05/30/2025
103.79
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $103.79
Account
6600.630 - Other Charges Promotional Activities
12226 - Dan Landrum
04-21-2025
Namwon Friendship
City Festival Greeting
Video
Paid by Check
# 107003
04/21/2025
05/27/2025
05/27/2025
05/30/2025
340.00
Account
6600.630 - Other Charges Promotional Activities
Totals
Invoice Transactions
1 $340.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $443.79
Division
000 - Non-Div
Totals
Invoice Transactions
2 $443.79
Department
110 - City Council
Totals
Invoice Transactions
2 $443.79
Department
120 - City Mgr/HR/Risk
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.305 - Prof Svc HR - Citywide Recruit/Background
10074 - Bob Murray & Associates
11103
ACM Recruitment
Paid by Check
# 106999
05/15/2025
05/27/2025
05/27/2025
05/30/2025
8,078.29
Account
6300.305 - Prof Svc HR - Citywide Recruit/Background
Totals
Invoice Transactions
1 $8,078.29
Account
6300.465 - Prof Svc Legal - Special Counsel
11505 - Shartsis Friese LLP
5508637
Professional Services -
MPWSP - April 2025
Paid by Check
# 107027
05/23/2025
05/23/2025
05/23/2025
05/30/2025
105,312.82
Account
6300.465 - Prof Svc Legal - Special Counsel
Totals
Invoice Transactions
1 $105,312.82
Account
6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account
423393165001
Office Depot
Paid by Check
# 107018
05/12/2025
05/27/2025
05/27/2025
05/30/2025
700.05
10732 - Office Depot-General Account
423393156001
Office Depot
Paid by Check
# 107018
05/12/2025
05/27/2025
05/27/2025
05/30/2025
432.63
10732 - Office Depot-General Account
423393155001
Office Depot
Paid by Check
# 107018
05/12/2025
05/27/2025
05/27/2025
05/30/2025

85.20 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
3 $1,217.88
Account
6600.490 - Other Charges Membership Prof Orgs
10739 - League of CA Cities-Monterey Bay
Division
8347
Monterey Bay Division
Membership Dues -
2025
Paid by Check
# 107013
05/20/2025
05/27/2025
05/27/2025
05/30/2025
300.00
Account
6600.490 - Other Charges Membership Prof Orgs
Totals
Invoice Transactions
1 $300.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
6 $114,908.99
Division
000 - Non-Div
Totals
Invoice Transactions
6 $114,908.99
Department
120 - City Mgr/HR/Risk
Totals
Invoice Transactions
6 $114,908.99
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 1 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6150.500 - Medical Vision
10607 - Vision Service Plan

06.-01-25
VSP Adjustment
(06.2025)
Paid by Check
# 107035
06/01/2025
06/01/2025
06/01/2025
05/30/2025
(160.63)
10607 - Vision Service Plan
.06-01-25
VSP COBRA (06.2025)
Paid by Check
# 107035
06/01/2025
06/01/2025
06/01/2025
05/30/2025

68.43 Account
6150.500 - Medical Vision
Totals
Invoice Transactions
2 ($92.20)
Account
6170.400 - Other Benefits State Unempl Insur
10222 - Employment Development
Department
L1094752720
Employment
Development
Department
Paid by Check
# 107006
05/09/2025
05/27/2025
05/27/2025
05/30/2025
4,127.04
Account
6170.400 - Other Benefits State Unempl Insur
Totals
Invoice Transactions
1 $4,127.04
Account
6300.570 - Prof Svc Other
10011 - Abbott's Pro-Power
203609
Repair for Toro Mower
Paid by Check
# 106995
04/07/2025
05/28/2025
05/28/2025
05/30/2025
780.00
12208 - RAYA AUTOMOTIVE
2215
2021 Dodge Charger
#822
Paid by Check
# 107023
05/16/2025
05/28/2025
05/28/2025
05/30/2025
995.00
12208 - RAYA AUTOMOTIVE
2217
2020 Dodge Durango
#817
Paid by Check
# 107023
05/12/2025
05/28/2025
05/28/2025
05/30/2025
145.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
3 $1,920.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
6 $5,954.84
Division
000 - Non-Div
Totals
Invoice Transactions
6 $5,954.84
Department
190 - Citywide Non-Dept
Totals
Invoice Transactions
6 $5,954.84
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10623 - Xerox Financial Services
40537647
Printer Paper Tray 550
sheet non-serialized
5/21
Paid by Check
# 107032
05/21/2025
05/22/2025
05/22/2025
05/30/2025

2.04 Account
6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals
Invoice Transactions
1 $2.04
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228923
Janitorial Service
Police/Fire/Airport May
2025
Paid by EFT #
6186
05/23/2025
05/28/2025
05/28/2025
05/30/2025
1,308.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $1,308.00
Account
6360.570 - Maint & Repairs Other Svc Agr
10623 - Xerox Financial Services
40537648
Svc payment 5/10 -
6/09/25
Paid by Check
# 107032
05/21/2025
05/22/2025
05/22/2025
05/30/2025
810.63
Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
1 $810.63
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 2 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.850 - Maint & Repairs Vehicle
10677 - Richard Moreno - Employee
5-08-2025
Refund for Moreno -
Motor Oil (5 Quart Jug)
Paid by Check
# 107024
05/20/2025
05/20/2025
05/20/2025
05/30/2025

40.37 Account
6360.850 - Maint & Repairs Vehicle
Totals
Invoice Transactions
1 $40.37
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
4 $2,161.04
Division
000 - Non-Div
Totals
Invoice Transactions
4 $2,161.04
Department
210 - Police
Totals
Invoice Transactions
4 $2,161.04
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.070 - Maint & Repairs Bdg Public Safety
12151 - King garage doors inc.
022725
Fire Key Switch PD
Paid by Check
# 107012
02/27/2025
05/23/2025
05/23/2025
05/30/2025
230.00
10459 - Overhead Door Company
149244
Station 1 Bay Door
Repair
Paid by Check
# 107020
04/02/2025
05/28/2025
05/28/2025
05/30/2025
2,611.84
Account
6360.070 - Maint & Repairs Bdg Public Safety
Totals
Invoice Transactions
2 $2,841.84
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228923
Janitorial Service
Police/Fire/Airport May
2025
Paid by EFT #
6186
05/23/2025
05/28/2025
05/28/2025
05/30/2025
517.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $517.00
Account
6400.740 - Material & Suppl Special Dept Suppl
10129 - Cintas Corporation
4231535565
Towel - Microfiber
Towel
Paid by Check
# 107001
05/23/2025
05/27/2025
05/27/2025
05/30/2025
159.99
10323 - L.N. Curtis & Sons
INV951843
Bigeasy Storage Pouch
for Engine
Paid by EFT #
6190
05/27/2025
05/28/2025
05/28/2025
05/30/2025

43.93 10967 - Monterey Signs, Inc.
26582
Custom Die Cut Decal
for Helmets
Paid by EFT #
6191
05/22/2025
05/23/2025
05/23/2025
05/30/2025
136.56
Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
3 $340.48
Account
6700.130 - Capital Outlay Vehicles
11402 - Rosenbauer Minnesota, LLC
80251
New Fire Truck Ladder
Paid by Check
# 107025
05/20/2025
05/22/2025
05/22/2025
05/30/2025
440,077.00
Account
6700.130 - Capital Outlay Vehicles
Totals
Invoice Transactions
1 $440,077.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
7 $443,776.32
Division
000 - Non-Div
Totals
Invoice Transactions
7 $443,776.32
Department
250 - Fire
Totals
Invoice Transactions
7 $443,776.32
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 3 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

58.95 10728 - Ace Hardware-Public Works
091341
Recreation
Paid by Check
# 106996
05/05/2025
05/21/2025
05/21/2025
05/30/2025

8.19 10728 - Ace Hardware-Public Works
091340
Rec
Paid by Check
# 106996
05/05/2025
05/21/2025
05/21/2025
05/30/2025

22.93 10728 - Ace Hardware-Public Works
091358
Annex
Paid by Check
# 106996
05/07/2025
05/21/2025
05/21/2025
05/30/2025

4.36 10728 - Ace Hardware-Public Works
091369
Annex
Paid by Check
# 106996
05/07/2025
05/21/2025
05/21/2025
05/30/2025

20.74 10728 - Ace Hardware-Public Works
091436
on call truck
Paid by Check
# 106996
05/15/2025
05/21/2025
05/21/2025
05/30/2025

5.45 10728 - Ace Hardware-Public Works
091387
city Hall
Paid by Check
# 106996
05/09/2025
05/21/2025
05/21/2025
05/30/2025

26.19 10728 - Ace Hardware-Public Works
091442
Community Center
Paid by Check
# 106996
05/15/2025
05/21/2025
05/21/2025
05/30/2025

9.82 10728 - Ace Hardware-Public Works
091478
Rental Property
Paid by Check
# 106996
05/21/2025
05/28/2025
05/28/2025
05/30/2025

16.38 10728 - Ace Hardware-Public Works
091467
Equestrian Center
Paid by Check
# 106996
05/20/2025
05/28/2025
05/28/2025
05/30/2025

21.82 10728 - Ace Hardware-Public Works
091468
Reservation Property
Paid by Check
# 106996
05/20/2025
05/28/2025
05/28/2025
05/30/2025

10.91 10728 - Ace Hardware-Public Works
090540
Supplies
Paid by Check
# 106996
01/30/2025
05/28/2025
05/28/2025
05/30/2025

33.85 10728 - Ace Hardware-Public Works
090763
Supplies
Paid by Check
# 106996
02/24/2025
05/28/2025
05/28/2025
05/30/2025

13.08 10728 - Ace Hardware-Public Works
090631
Supplies
Paid by Check
# 106996
02/10/2025
05/28/2025
05/28/2025
05/30/2025

43.66 10034 - American Supply Co.
3061649
City Supplies
Paid by Check
# 106997
05/22/2025
05/28/2025
05/28/2025
05/30/2025
1,553.54
10237 - Ferguson Enterprise , Inc. # 1423
5980784
Supplies townhouse
Paid by Check
# 107007
05/20/2025
05/28/2025
05/28/2025
05/30/2025
878.72
10237 - Ferguson Enterprise , Inc. # 1423
5981916
Building 4495
Paid by Check
# 107007
05/20/2025
05/28/2025
05/28/2025
05/30/2025
192.36
10275 - Home Depot Credit Service
May 2025 5
9813
Home Depot 6035
3225 0395 9813
Paid by Check
# 107009
05/13/2025
05/21/2025
05/21/2025
05/30/2025
327.28
10368 - Martin's Irrigation Supply
676727
Backflow Vince
DiMaggio
Paid by Check
# 107015
05/14/2025
05/21/2025
05/21/2025
05/30/2025
2,271.49
10538 - Sherwin-Williams
2030-6
Facilities Community
Center
Paid by Check
# 107028
05/12/2025
05/21/2025
05/21/2025
05/30/2025

55.62 Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 4 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

72.62 10349 - Marina Coast Water District
May 2025 56-
034
3240 DeForest Rd
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025
140.57
10349 - Marina Coast Water District
May 2025 56-
014
3200 Del Monte Blvd
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025
1,474.83
10349 - Marina Coast Water District
May 2025 56-
011
3254 Abdy Way (Tate
Park-Irrigation)
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025
213.54
10349 - Marina Coast Water District
May 2025 56-
090
Locke Paddon Park
Paid by Check
# 107014
05/20/2025
05/23/2025
05/23/2025
05/30/2025
122.01
10349 - Marina Coast Water District
May 2025 56-
061
Reservation/Locke
Paddon Park
Paid by Check
# 107014
05/20/2025
05/23/2025
05/23/2025
05/30/2025
154.49
10349 - Marina Coast Water District
May 2025 56-
046
3100 Preston Dr
Paid by Check
# 107014
05/20/2025
05/23/2025
05/23/2025
05/30/2025
198.82
10349 - Marina Coast Water District
May 2025 56-
045
3100 Preston Dr
Paid by Check
# 107014
05/20/2025
05/23/2025
05/23/2025
05/30/2025
2,967.94
10349 - Marina Coast Water District
May 2025 56-
042
3040 Lake Dr
Paid by Check
# 107014
05/20/2025
05/28/2025
05/28/2025
05/30/2025
213.54
10349 - Marina Coast Water District
May 2025 56-
006
188 Seaside Cir
Paid by Check
# 107014
05/20/2025
05/28/2025
05/28/2025
05/30/2025
278.50
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
11 $6,183.64
Account
6400.737 - Material & Suppl Tools & Equip
10275 - Home Depot Credit Service
May 2025 5
9813
Home Depot 6035
3225 0395 9813
Paid by Check
# 107009
05/13/2025
05/21/2025
05/21/2025
05/30/2025
8,225.50
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 5 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

35.00 Account
6400.737 - Material & Suppl Tools & Equip
Totals
Invoice Transactions
3 $8,760.50
Account
6400.800 - Material & Suppl Uniform
12177 - Peter Kuck - Employee
05-16-25
Safety Glasses
Paid by Check
# 107022
05/16/2025
05/28/2025
05/28/2025
05/30/2025
180.27
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110699544
PW Uniforms
Paid by Check
# 107031
05/23/2025
05/23/2025
05/23/2025
05/30/2025
232.64
10043 - VESTIS GROUP, INC./(f/k/a

ARAMARK UNIFORM & C
5110699545
PW Shop Supplies
Paid by Check
# 107031
05/23/2025
05/23/2025
05/23/2025
05/30/2025

73.51 Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
3 $486.42
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
40 $22,997.27
Division
311 - Buildings & Grounds
Totals
Invoice Transactions
40 $22,997.27
Division
313 - Vehicle Maint
Sub-Division
00 - Non-Subdiv
Account
6360.850 - Maint & Repairs Vehicle
10085 - Burton's Fire, Inc.

W82597
Unit E5412 2022
Rosenbauer Avenger
15178
Paid by EFT #
6187
05/22/2025
05/23/2025
05/23/2025
05/30/2025
363.39
10891 - Golden State Overnight Delivery
Service
W50712
2004 Workstar 74 Unit
04-01
Paid by Check
# 107008
05/27/2025
05/23/2025
05/23/2025
05/30/2025
9,813.83
10428 - Monterey Tire Service
1-124445
21 Dodge Charger PD
822
Paid by Check
# 107017
05/15/2025
05/21/2025
05/21/2025
05/30/2025

39.92 12208 - RAYA AUTOMOTIVE
2215
2021 Dodge Charger
#822
Paid by Check
# 107023
05/16/2025
05/28/2025
05/28/2025
05/30/2025
1,035.48
12208 - RAYA AUTOMOTIVE
2217
2020 Dodge Durango
#817
Paid by Check
# 107023
05/12/2025
05/28/2025
05/28/2025
05/30/2025
409.68
Account
6360.850 - Maint & Repairs Vehicle
Totals
Invoice Transactions
5 $11,662.30
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $11,662.30
Division
313 - Vehicle Maint
Totals
Invoice Transactions
5 $11,662.30
Department
310 - Public Works
Totals
Invoice Transactions
45 $34,659.57
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 6 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.610 - Prof Svc Planning - Consultant
11710 - HdL Coren & Cone
SIN047259
Cannabis Management
Program
Paid by EFT #
6189
01/31/2025
05/27/2025
05/27/2025
05/30/2025
250.00
Account
6300.610 - Prof Svc Planning - Consultant
Totals
Invoice Transactions
1 $250.00
Account
6330.100 - Fee Agr Costs - Planning
10316 - Kimley-Horn & Associates, Inc.
31748012
Marina Station Traffic
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
10,834.00
10316 - Kimley-Horn & Associates, Inc.
097789125-
0425
Marina Station COA
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
6,722.00
Account
6330.100 - Fee Agr Costs - Planning
Totals
Invoice Transactions
2 $17,556.00
Account
6400.565 - Material & Suppl Office Supplies
11790 - Quality Print & Copy
24265
Post Cards
Paid by EFT #
6192
05/20/2025
05/21/2025
05/21/2025
05/30/2025
261.91
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $261.91
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
4 $18,067.91
Division
000 - Non-Div
Totals
Invoice Transactions
4 $18,067.91
Department
410 - Planning
Totals
Invoice Transactions
4 $18,067.91
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.180 - Prof Svc Eng Svc- Rev Funded Inspection
10316 - Kimley-Horn & Associates, Inc.
31748020
Sea Haven Phase 5B
Review
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
18,930.00
Account
6300.180 - Prof Svc Eng Svc- Rev Funded Inspection
Totals
Invoice Transactions
1 $18,930.00
Account
6330.200 - Fee Agr Costs - Engineering
10316 - Kimley-Horn & Associates, Inc.
31778345
Marina Dev Review
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
6,875.88
Account
6330.200 - Fee Agr Costs - Engineering
Totals
Invoice Transactions
1 $6,875.88
Account
6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept.
420776033001
Office Supplies
Paid by Check
# 107019
05/06/2025
05/20/2025
05/20/2025
05/30/2025

26.21 10734 - Office Depot-Public Works Dept.
422603934001
Office Supplies
Paid by Check
# 107019
05/02/2025
05/20/2025
05/20/2025
05/30/2025
229.17
10734 - Office Depot-Public Works Dept.
422603934002
Office Supplies
Paid by Check
# 107019
05/05/2025
05/20/2025
05/20/2025
05/30/2025
168.96
10734 - Office Depot-Public Works Dept.
422603939001
Office Supplies Corp
Yard
Paid by Check
# 107019
05/02/2025
05/21/2025
05/21/2025
05/30/2025

88.59 10734 - Office Depot-Public Works Dept.
423135459001
Office Supplies
Paid by Check
# 107019
05/12/2025
05/23/2025
05/23/2025
05/30/2025
104.84
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 7 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept.
424055637001
Office Supplies Annex
Paid by Check
# 107019
05/14/2025
05/28/2025
05/28/2025
05/30/2025
313.93
10734 - Office Depot-Public Works Dept.
424055890001
Office Supplies Annex
Paid by Check
# 107019
05/14/2025
05/28/2025
05/28/2025
05/30/2025

17.58 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
7 $949.28
Account
6500.700 - Training & Travel Training & Travel
12195 - DKF SOLUTIONS GROUP LLC
22861
Training
Paid by Check
# 107005
05/07/2025
05/28/2025
05/28/2025
05/30/2025
2,948.50
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $2,948.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
10 $29,703.66
Division
000 - Non-Div
Totals
Invoice Transactions
10 $29,703.66
Department
420 - Engineering
Totals
Invoice Transactions
10 $29,703.66
Department
510 - Recreation & Culture
Division
100 - Admin
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228921
Custodial Service for
May 2025
Paid by EFT #
6186
05/23/2025
05/29/2025
05/29/2025
05/30/2025
906.47
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $906.47
Account
6380.150 - Utilities Comm Phone System
10603 - Verizon Wireless
6113748507
542484588-00001
Paid by EFT #
6194
05/17/2025
05/29/2025
05/29/2025
05/30/2025
415.36
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
1 $415.36
Account
6400.651 - Material & Suppl Recr Donation - Spec Recr Prog 11784 - John Upshaw John Upshaw - DJ
Monterey
06-07-25
Windy Hill Opening
Event
Paid by Check
# 107033
04/28/2025
05/22/2025
05/22/2025
05/30/2025
600.00
Account
6400.651 - Material & Suppl Recr Donation - Spec Recr Prog Totals
Invoice Transactions
1 $600.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
3 $1,921.83
Division
100 - Admin
Totals
Invoice Transactions
3 $1,921.83
Division
511 - Youth
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228921
Custodial Service for
May 2025
Paid by EFT #
6186
05/23/2025
05/29/2025
05/29/2025
05/30/2025
350.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $350.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $350.00
Division
511 - Youth
Totals
Invoice Transactions
1 $350.00
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 8 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
510 - Recreation & Culture
Division
512 - Teen
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228921
Custodial Service for
May 2025
Paid by EFT #
6186
05/23/2025
05/29/2025
05/29/2025
05/30/2025
474.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $474.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $474.00
Division
512 - Teen
Totals
Invoice Transactions
1 $474.00
Division
513 - Senior
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228921
Custodial Service for
May 2025
Paid by EFT #
6186
05/23/2025
05/29/2025
05/29/2025
05/30/2025
329.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $329.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $329.00
Division
513 - Senior
Totals
Invoice Transactions
1 $329.00
Department
510 - Recreation & Culture
Totals
Invoice Transactions
6 $3,074.83
Fund
100 - General Fund
Totals
Invoice Transactions
90 $652,750.95
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 9 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
130 - Library Maintenance
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.060 - Maint & Repairs Bdg Library
10368 - Martin's Irrigation Supply
676650
Library
Paid by Check
# 107015
05/13/2025
05/21/2025
05/21/2025
05/30/2025
309.48
10534 - Scudder Roofing Company
R70100-002
Plywood Replacement
Paid by Check
# 107026
05/15/2025
05/21/2025
05/21/2025
05/30/2025
2,614.80
Account
6360.060 - Maint & Repairs Bdg Library
Totals
Invoice Transactions
2 $2,924.28
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $2,924.28
Division
000 - Non-Div
Totals
Invoice Transactions
2 $2,924.28
Department
000 - Non-Dept
Totals
Invoice Transactions
2 $2,924.28
Fund
130 - Library Maintenance
Totals
Invoice Transactions
2 $2,924.28
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 10 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.690 - Maint & Repairs Supplies
10275 - Home Depot Credit Service
May 2025 5
9813
Home Depot 6035
3225 0395 9813
Paid by Check
# 107009
05/13/2025
05/21/2025
05/21/2025
05/30/2025
136.55
Account
6360.690 - Maint & Repairs Supplies
Totals
Invoice Transactions
1 $136.55
Account
6360.780 - Maint & Repairs Traffic Signals
10728 - Ace Hardware-Public Works
091400
Streetlights
Paid by Check
# 106996
05/12/2025
05/21/2025
05/21/2025
05/30/2025

27.28 Account
6360.780 - Maint & Repairs Traffic Signals
Totals
Invoice Transactions
1 $27.28
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
May 2025 329-1
430 Marina Heights Dr
Unit A (2391581329-1)
Paid by Check
# 107021
05/13/2025
05/21/2025
05/21/2025
05/30/2025

63.94 10463 - Pacific Gas & Electric
May 2025 080-9
5th Ave Bldg 1A-136
(3479881080-9)
Paid by Check
# 107021
05/07/2025
05/28/2025
05/28/2025
05/30/2025

23.82 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
2 $87.76
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
May 2025 56-
027
Calif Ave at Reindollar
Paid by Check
# 107014
05/13/2025
05/21/2025
05/21/2025
05/30/2025

65.06 10349 - Marina Coast Water District
May 2025 56-
086
Crescent Ave/Sirena
Del Mar Irrigation
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025

50.75 10349 - Marina Coast Water District
May 2025 56-
085
Crescent/Whitney
Irrigation
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025

42.29 10349 - Marina Coast Water District
May 2025 56-
084
Crescent/Shuler/Irrigati
on
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025

42.29 10349 - Marina Coast Water District
May 2025 56-
032
Crescent Ave/Costa Del
Mar East Side
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025
122.01
10349 - Marina Coast Water District
May 2025 56-
030
Crescent Ave/Reser
Rd/Ramada Inn
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025

65.06 10349 - Marina Coast Water District
May 2025 56-
008
Reservation & Del
Monte
Paid by Check
# 107014
05/06/2025
05/21/2025
05/21/2025
05/30/2025

42.29 10349 - Marina Coast Water District
May 2025 56-
040
Hilo Ave
Paid by Check
# 107014
05/20/2025
05/28/2025
05/28/2025
05/30/2025

42.29 10349 - Marina Coast Water District
May 2025 56-
028
California at Jerry Ct
Paid by Check
# 107014
05/20/2025
05/28/2025
05/28/2025
05/30/2025

65.06 Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
9 $537.10
Account
6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
4155749
Sweeper
Paid by Check
# 107016
09/06/2024
05/20/2025
05/20/2025
05/30/2025

29.61 10427 - Monterey Regional Waste
Management District
4223115
Public Works
Paid by Check
# 107016
12/17/2024
05/20/2025
05/20/2025
05/30/2025

62.04 10427 - Monterey Regional Waste
Management District
4223521
Public Works
Paid by Check
# 107016
12/18/2024
05/20/2025
05/20/2025
05/30/2025

43.24 Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 11 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
4223914
Sweeper
Paid by Check
# 107016
12/18/2024
05/20/2025
05/20/2025
05/30/2025

45.12 10427 - Monterey Regional Waste
Management District
4224428
Park VDM
Paid by Check
# 107016
12/19/2024
05/20/2025
05/20/2025
05/30/2025

45.12 10427 - Monterey Regional Waste
Management District
4224822
Public Works
Paid by Check
# 107016
12/19/2024
05/20/2025
05/20/2025
05/30/2025

63.92 10427 - Monterey Regional Waste
Management District
4225394
Public Works
Paid by Check
# 107016
12/20/2024
05/20/2025
05/20/2025
05/30/2025

54.52 10427 - Monterey Regional Waste
Management District
4237521
City Trash
Paid by Check
# 107016
01/10/2025
05/20/2025
05/20/2025
05/30/2025
541.31
10427 - Monterey Regional Waste
Management District
4266003
Fridge
Paid by Check
# 107016
02/24/2025
05/20/2025
05/20/2025
05/30/2025

40.00 10427 - Monterey Regional Waste
Management District
4279590
Public Works
Paid by Check
# 107016
03/18/2025
05/20/2025
05/20/2025
05/30/2025

38.07 Account
6400.155 - Material & Suppl Dump Fees
Totals
Invoice Transactions
10 $962.95
Account
6400.733 - Material & Suppl Signs
10728 - Ace Hardware-Public Works
091381
Streets
Paid by Check
# 106996
05/08/2025
05/21/2025
05/21/2025
05/30/2025

5.20 10728 - Ace Hardware-Public Works
091361
Street signs
Paid by Check
# 106996
05/07/2025
05/21/2025
05/21/2025
05/30/2025

21.83 10108 - Capitol Barricade, Inc.
177684
No outlet, End, W2-6,
R3-18, Arrows
Paid by Check
# 107000
05/20/2025
05/21/2025
05/21/2025
05/30/2025
2,026.80
10108 - Capitol Barricade, Inc.
177683
Stop Signs, ADA sign,
No Parking Anytime
Paid by Check
# 107000
05/20/2025
05/21/2025
05/21/2025
05/30/2025
1,339.14
Account
6400.733 - Material & Suppl Signs
Totals
Invoice Transactions
4 $3,392.97
Account
6400.737 - Material & Suppl Tools & Equip
10728 - Ace Hardware-Public Works
091404
Streets
Paid by Check
# 106996
05/13/2025
05/21/2025
05/21/2025
05/30/2025

80.78 10728 - Ace Hardware-Public Works
091367
Streets
Paid by Check
# 106996
05/07/2025
05/21/2025
05/21/2025
05/30/2025

27.30 Account
6400.737 - Material & Suppl Tools & Equip
Totals
Invoice Transactions
2 $108.08
Account
6400.740 - Material & Suppl Special Dept Suppl
12248 - Blue Triton Brands Inc
15D872033729
9 209 Cypress Ave
Paid by Check
# 106998
05/16/2025
05/23/2025
05/23/2025
05/30/2025
253.31
12248 - Blue Triton Brands Inc
15D872034692
3 2660 5th Ave Corp
Yard
Paid by Check
# 106998
05/08/2025
05/28/2025
05/28/2025
05/30/2025
244.32
Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
2 $497.63
Run by Melanie Hernandez on 05/29/2025 03:21:07 PM

Page 12 of 17 ends

Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction
2227767
Streets
Paid by EFT #
6188
05/17/2025
05/21/2025
05/21/2025
05/30/2025

82.71 Account
6400.750 - Material & Suppl Street Material (non-capitalize) Totals
Invoice Transactions
1 $82.71
Account
6400.752 - Material & Suppl Street Paint & Legends
10538 - Sherwin-Williams
4151-8
Paint
Paid by Check
# 107028
05/19/2025
05/21/2025
05/21/2025
05/30/2025
561.15
10538 - Sherwin-Williams
2172-6
Streets
Paid by Check
# 107028
05/15/2025
05/21/2025
05/21/2025
05/30/2025

74.74 Account
6400.752 - Material & Suppl Street Paint & Legends
Totals
Invoice Transactions
2 $635.89
Account
6400.754 - Material & Suppl Street Sweeper
10427 - Monterey Regional Waste
Management District
4314067
Sweepings
Paid by Check
# 107016
05/09/2025
05/21/2025
05/21/2025
05/30/2025
515.90
10427 - Monterey Regional Waste
Management District
4314234
Sweepings
Paid by Check
# 107016
05/09/2025
05/21/2025
05/21/2025
05/30/2025
539.00
10427 - Monterey Regional Waste
Management District
4314331
Sweepings
Paid by Check
# 107016
05/09/2025
05/21/2025
05/21/2025
05/30/2025
347.27
Account
6400.754 - Material & Suppl Street Sweeper
Totals
Invoice Transactions
3 $1,402.17
Account
6500.700 - Training & Travel Training & Travel
12195 - DKF SOLUTIONS GROUP LLC
22861
Training
Paid by Check
# 107005
05/07/2025
05/28/2025
05/28/2025
05/30/2025
2,948.50
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $2,948.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
38 $10,819.59
Division
000 - Non-Div
Totals
Invoice Transactions
38 $10,819.59
Department
000 - Non-Dept
Totals
Invoice Transactions
38 $10,819.59
Fund
220 - Gas Tax
Totals
Invoice Transactions
38 $10,819.59
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
251 - CFD - Locke Paddon
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
May 2025 16-
000
199 A Paddon Place
Paid by Check
# 107014
05/20/2025
05/23/2025
05/23/2025
05/30/2025
107.06
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
1 $107.06
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $107.06
Division
000 - Non-Div
Totals
Invoice Transactions
1 $107.06
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $107.06
Fund
251 - CFD - Locke Paddon
Totals
Invoice Transactions
1 $107.06
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
25050077
Reconstruction and
Cape Seal Streets
Paid by EFT #
6185
05/08/2025
05/23/2025
05/23/2025
05/30/2025
177,687.50
10189 - Denise Duffy & Associates
9825
Pavement Management
Paid by Check
# 107004
05/20/2025
05/20/2025
05/20/2025
05/30/2025
9,845.20
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
2 $187,532.70
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $187,532.70
Division
000 - Non-Div
Totals
Invoice Transactions
2 $187,532.70
Department
000 - Non-Dept
Totals
Invoice Transactions
2 $187,532.70
Fund
422 - Capital Projects - Measure X
Totals
Invoice Transactions
2 $187,532.70
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

Vendor
Invoice No.

Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
462 - City Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10316 - Kimley-Horn & Associates, Inc.
31681713
Imjin Parkway PS&E
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
12,230.50
10316 - Kimley-Horn & Associates, Inc.
31748017
Marina Speed Surveys
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
10,454.77
10316 - Kimley-Horn & Associates, Inc.
31748019
2nd Ave Alignment
Study
Paid by Check
# 107011
04/30/2025
05/28/2025
05/28/2025
05/30/2025
9,538.50
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
3 $32,223.77
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
3 $32,223.77
Division
000 - Non-Div
Totals
Invoice Transactions
3 $32,223.77
Department
000 - Non-Dept
Totals
Invoice Transactions
3 $32,223.77
Fund
462 - City Capital Projects
Totals
Invoice Transactions
3 $32,223.77
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
10728 - Ace Hardware-Public Works
091365
Supplies for Pilots
Lounge sign
Paid by Check
# 106996
05/07/2025
05/21/2025
05/15/2025
05/30/2025

14.19 10275 - Home Depot Credit Service
May 2025 5
9813
Home Depot 6035
3225 0395 9813
Paid by Check
# 107009
05/13/2025
05/21/2025
05/21/2025
05/30/2025
455.77
Account
6360.050 - Maint & Repairs Building
Totals
Invoice Transactions
2 $469.96
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228923
Janitorial Service
Police/Fire/Airport May
2025
Paid by EFT #
6186
05/23/2025
05/28/2025
05/28/2025
05/30/2025
410.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $410.00
Account
6360.450 - Maint & Repairs Maint & Repairs
10728 - Ace Hardware-Public Works
091425
Airport Maintenance
Supplies
Paid by Check
# 106996
05/14/2025
05/28/2025
05/15/2025
05/30/2025

46.39 Account
6360.450 - Maint & Repairs Maint & Repairs
Totals
Invoice Transactions
1 $46.39
Account
6360.566 - Maint & Repairs Other Equipment
12229 - Irlesis Rodriguez / Monterey
Electric Systems
INV-000056
507-Com Facility Live
Circuit Tracing & Panel
Documentation
Paid by Check
# 107010
05/23/2025
05/30/2025
05/23/2025
05/30/2025
2,670.00
12229 - Irlesis Rodriguez / Monterey
Electric Systems
INV-000055
507 Live Commercial
Electrical Circuit
Testing & Load Analysis
Paid by Check
# 107010
05/23/2025
05/30/2025
05/23/2025
05/30/2025
1,760.00
12229 - Irlesis Rodriguez / Monterey
Electric Systems
INV-000057
Commercial Facility
Live Circuit Tracing and
Panel Documentation
Paid by Check
# 107010
05/27/2025
06/26/2025
05/28/2025
05/30/2025
2,184.00
Account
6360.566 - Maint & Repairs Other Equipment
Totals
Invoice Transactions
3 $6,614.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
7 $7,540.35
Division
000 - Non-Div
Totals
Invoice Transactions
7 $7,540.35
Department
000 - Non-Dept
Totals
Invoice Transactions
7 $7,540.35
Fund
555 - Marina Airport
Totals
Invoice Transactions
7 $7,540.35
Grand Totals
Invoice Transactions
143
$893,898.70
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/30/25
-
05/30/25

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
6650.001 - ROPS #1- Neeson Rd Tax Alloc Bond
10593 - USDA Rural Development
07-01-25
Case #04-027-
0942321991 Code 97
Loan Number 01
Paid by Check
# 131
05/20/2025
05/20/2025
05/20/2025
05/23/2025
5,462.49
Account
6650.001 - ROPS #1- Neeson Rd Tax Alloc Bond
Totals
Invoice Transactions
1 $5,462.49
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $5,462.49
Division
000 - Non-Div
Totals
Invoice Transactions
1 $5,462.49
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $5,462.49
Fund
758 - Successor Agency Oblig Retiremt
Totals
Invoice Transactions
1 $5,462.49
Grand Totals
Invoice Transactions
1 $5,462.49
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Accounts Payable by G/L Distribution Report
Payment Date Range
05/23/25
-
05/23/25

Agenda Item: 10b(1)
City Council Meeting of
June 3, 2025

ACTION

MINUTES
Tuesday, May 20, 2025 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

GROUNDWATER SUSTAINABILITY AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

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

Glendora, California 91741
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: Jenny 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 (§ 54956.9(d)) (2 cases) i. City of Marina, et. al. v. California Coastal Commission, et al., 22- CV004063, Monterey Superior Court
ii. Application of California-American Water Company (U210W), Application 21-11-024, California Public Utilities Commission 6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
1 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 2

City Attorney Ortega reported out Closed Session: Council provided direction, and no reportable action was taken.

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

6. SPECIAL PRESENTATIONS:
a. Asian American and Pacific Islander Heritage Month Proclamation b. Simmon Bull Presentation

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Councilmember McAdams announced the community members are invited to purchase personalized fence pickets for $35 to be engraved and installed at our future Inclusive Park .

Invited the public to join the Pride Flag raising at 12:00 pm on Sunday, June 1st, at the corner of Reservation Road and Del Monte Boulevard.
• Mayor Delgado thanked the American Legion Post 694 for holding the Teachers Appreciation Dinner each year. Announced this Thursday and every Thursday throughout the year, rain or shine, from 5.30 till 7pm volunteer with watering, weeding and general maintenance at Hilltop Park.
• Mayor Pro Tem Visscher announced that TAMC workshop on traffic safety , tomorrow at Vince DiMaggio Park from 5:30-7:00pm
• Recreation Director , Willer announced on June 7, 2025, from 11:00am -1:00pm that there will be the Windy Hill Park Grand Opening.

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.
• Nina Beattie commented on the prescribed burn to take place on the former Fort Ord and the hazardous fumes generated from the toxins in the ground. Encourage the public to petition the EPA to stop these prescribed burns.
• Denise Turley enjoyed the short video by Simon Bull and is excited about his artwork.

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. 2 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 3

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 106852-106960, totaling $1,393,717.89. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) May 6, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) Staff recommend that the City Council reject the following claim and direct sending appropriate notice of rejection to claimant: Cynthia Wills for a claim received on May 6, 2025.
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. 2025 -39, approving the GANN Appropriations Limit for Fiscal Year 2025-26.
(2) Adopting Resolution No. 2025-40, approving a new records retention schedule for the Administration and Human Resources departments and repealing portions of previous resolution 2020-08.
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2025 -41, accepting the Grant of Avigation Easement affecting Phases 1 and 2 of Marina Station Development Project Subdivision; and authorizing the City Clerk to execute the Grant of Avigation Easement Agreement, on behalf of the City, subject to final review and approval by the City Attorney.
(2) Adopting Resolution No. 2025 -42, approving a Public Improvement Agreement for Marina Station Phases 1 and 2 between the City of Marina and Marina Station Phases I and 2 LLC, a Delaware limited liability company ; and authorizing the City Manager to execute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.
(3) Adopting Resolution No. 2025 -43, approving the Public Improvement Agreement for Phase 3 Offsite Roadway Improvements between the City of Marina and Shea Homes, LP, (“Developer”); and authorizing the City Manager to execute the Public Improvement Agreement on behalf of City subject to final review and approval by the City Attorney.

3 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 4

(4) Adopting Resolution No. 2025 -, approving an agreement with Denise Duffy and Associates to implement a monitoring plan for Hilltop Park within Phase 2 East of University Village in an amount not to exceed $24,000; and discussion to dissolve the Hilltop Park Ad Hoc Committee.

Tabled by Mayor Delgado.
(5) Adopting Resolution No. 202 5-44, consenting to a sublease between Light & Motion Industries and Simon Bull, an individual, d/b/a Simon Bull Studio, of a portion of the space leased by Light & Motion Industries pursuant to a lease agreement between Light & Motion Industries and the City of Marina dated March 25, 2013, as amended. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
(1) Adopting Resolution No. 2025 -45, approving the Phases 1 and 2 Final Map for Marina Station Development Project Subdivision; and consider authorizing the City Clerk to certify the Final Map on behalf of the City subject to final review and approval by the City Attorney. j. REPORTS: (RECEIVE AND FILE):
(1) Monterey-Salinas Transit May 12, 2025, Board Meeting Highlights. (2) Receiving Investment Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment Agency, and Preston Park Sustainable Community Non -Profit Corporation (PPSC -NPC) and Abrams B Non-Profit Corporation for the quarter ended March 31, 2025. (3) Receiving City of Marina Third Quarter Budget Report – Fiscal Year 2024/25, which represents the quarter ended March 31, 2025; and consider receiving the HdL City of Marina Sales Tax Update for the period from October – December 2024
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting Ordinance No. 2025-04, amending Title 15 of the Marina Municipal Code by adding Chapter 15.07, the State Fire Hazard Severity Zone map.
(2) Read by Title Only and adopting Ordinance No. 2025-05, amending Title 15, Chapter 15. 32 entitled “Adoption of the California Fire Code (CFC) , Section 15.32.890, Subsection 5609.1.4-r of the Marina Municipal Code. m. APPROVE APPOINTMENTS: None
Councilmember McAdams had comments on agenda item 10j(3).

Mayor Delgado Had comments on agenda items 10g(1), 10g(2) and 10i(1). Requested to table agenda item 10g(4) to a later meeting.

Councilmember Biala had comments on agenda item 10j(3).

BIALA/MCADAMS: TO APPROVE THE CONSENT AGENDA MINUS 10g(4) . 5 -0-0-0 Motino Passes by Roll Call Vote
4 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 5

Councilmember McCarthy announced that he needed to leave the meeting at 9:00 pm and suggested the Council rearrange the agenda so he and the council hear and vote on agenda item 13a.

The City Council agreed to hear agenda items 13a and 13b before the public hearing items.

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. Open public hearing and take testimony from the public; consider adopting Resolution No. 2025 -46, confirming diagram, assessment and ordering levy of $182.42 for FY 2025 -26 assessment for Seabreeze Landscape Maintenance Assessment District, and; authorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor -Controller prior to August 1, 2025.

Public Comments: None received
MCADAMS/VISSCHER: TO OPEN THE PUBLIC HEARING, TAKE TESTIMONY FROM THE PUBLIC; AND ADOPTING RESOLUTION NO. 2025 -46, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING LEVY OF $182.42 FOR FY 2025 -26

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

THE DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR - CONTROLLER PRIOR TO AUGUST 1, 2025 . 4-0-1(McCarthy)-0 Motion Passes by Roll Call Vote

b. Open public hearing and take testimony from the public; consider adopting Resolution No. 2025 -47, confirming diagram, assessment and ordering levy of $77.14 for FY 2025 -26 assessment for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District, and; a uthorize the City Clerk to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller prior to August 1, 2025.

Public Comments: None received
VISSCHER/MCADAMS: TO OPEN PUBLIC THE PUBLIC HEARING, TAKE TESTIMONY FROM THE PUBLIC; AND ADOPTING RESOLUTION NO. 2025 -47, CONFIRMING DIAGRAM, ASSESSMENT AND ORDERING LEVY OF $77.14 FOR FY 2025-26 ASSESSMENT FOR THE MONTEREY BAY ESTATES LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, AND; A UTHORIZE THE

CITY CLERK TO FILE A CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR-CONTROLLER PRIOR TO AUGUST 1, 2025. 4-0-1(McCarthy)-0 Motion Passes by Roll Call Vote

c. Opening a public hearing and introducing by title only Ordinance No. 2025- 06, renewing Ordinance No. 2022 -02, Marina Municipal Code Chapter 9.26 “Military Equipment Use”.

5 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 6

Public Comments:
• Fred Nelson see’s the nature of this ordinances as an opportunity to leverage our budget and our resources to protect our immigrant population from ice and DHS. Would like to see this ordinance expanded to include language against cooperation with those.

BIALA/MCADAMS: TO OPEN THE PUBLIC HEARING AND INTRODUCE by title ONLY ORDINANCE NO. 2025 -06, RENEWING ORDINANCE NO. 2022 -02, MARINA MUNICIPAL CODE CHAPTER 9.26 “MILITARY EQUIPMENT USE” . 4-0- 1(McCarthy)-0 Motion Passes by Roll Call Vote

d. Open a public hearing and consider introducing Ordinance No. 2025 -07, amending the Zoning Code (Title 17) ; and adopting Resolution No. 2025-48 amending Section 5.7.2 of the 2000 General Plan, both to implement Program

2.4 of the Housing Element; and find that the recommended action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

Public Comments: None received
BIALA/MCADAMS: TO OPEN A PUBLIC HEARING AND INTRODUCING ORDINANCE NO. 2025 -07 AMENDING THE ZONING CODE (TITLE 17); AND ADOPTING RESOLUTION NO. 2025 -48, AMENDING SECTION 5.7.2 OF THE 2000 GENERAL PLAN, BOTH TO IMPLEMENT PROGRAM 2.4 OF THE HOUSING

ELEMENT AND FIND THAT THE RECOMMENDED ACTION IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) . 4-0-1(McCarthy)-0 Motion Passes by Roll Call Vote

e. Open a public hearing; and receive a report and presentation regarding City vacancies, recruitment and retention efforts, including any presentation from the City’s represented bargaining groups, pursuant to California Government Code Section 3502.3.

Public Comments:
• Chris Johnson commented on the increased growth of the city . Current sworn officers. The need for additional officers to help cover those on leave, vacations etc. Low pay incentives for Marina. POA supports the Police Chiefs budget proposals for the new fiscal year. • Alyson Hunter spoke about the MMEA, and out of 10 positions, only 6 are filled right now.

Emphasize the need to fill the two engineering positions as the top priority. These vacancies are holding up work being completed on city projects and private projects.

The C ouncil discus sed total employees, police officer recruit ment, recruitment of all vacant positions and timelines of the recruitments.

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. 2025 -49, approving a sales tax revenue sharing agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to assist in covering high site development and construction costs associated with developing a Mercedes -Benz automobile dealership in Marina
Public Comments: None received
The city council discussed the business name to be used for Marina location, keeping track of the conditions of the agreement and payments being made, location of the business, views from the highway, concerns with site and architectural reviews, lighting, possible impacts on CDEC Hill hotel, accurate computer simulation showing trees, shrubs and gateway signage. Finances coming into the city over a 5-to-7-year period.

BIALA/DELGADO: TO APPROVE RESOLUTION NO. 2025 -49, APPROVING A

SALES TAX REVENUE SHARING AGREEMENT BETWEEN THE CITY OF MARINA

AND UNSTOPPABLE AUTOMOTIVE, MBMCA LLC, TO ASSIST WITH THE

CONSTRUCTION COSTS AND SITE DEVELOPMENT OF AN AUTOMOBILE

DEALERSHIP AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY, WITH THE FOLLOWING CONDITIONS:
a. THE CITY COUNCIL SHALL HAVE FINAL APPROVAL AFTER REVIEW

FROM THE TREE COMMITTEE AND THE PLANNING COMMISSION FOR SITE PLAN AND ARCHITECTURAL DESIGN REVIEW;
b. THAT THE DEALERSHIP PRODUCE AN ACCURATE COMPUTER
SIMULATION VIDEO PRIOR TO PLANNING COMMISSION REVIEW;
c. THAT ANY GATEWAY SIGN BE CONSISTENT WITH CITY MONUMENT

DESIGN REQUIREMENTS AND THAT ANY DEALERSHIP SIGNAGE REFER TO “MERCEDES OF MARINA”;
d. THAT THE PROPOSED LIGHTING FOR THE DEALERSHIP SITE
MINIMIZES IMPACT TO THE NIGHT SKY;
e. TO CONSIDER FUTURE SPECIFIC AGREEMENT AMENDMENTS SUBJECT TO MUTUAL AGREEMENT BY CITY AND DEVELOPER; AND
f. IMPLEMENT PREFERENCE FOR LOCAL HIRES WHEN FEASIBLE.
5-0-0-0 Motion Passes by Roll Call Vote

a. Receiving a presentation regarding the status of the City’s City -Wide Incidental Take Permit (ITP) for Monterey Gilia and Fort Ord Habitat Management Plan Compliance Projects ; and p roviding input on a conceptual realignment of the proposed Del Monte Boulevard/2 nd Avenue Extension; and adopting Resolution No. 2025 -, approving change orders to amend the existing project agreements with Denise Duffy & Associates, Inc. to extend the timeframe for both contracts and include additional services in the ITP contract.
7 MINUTES for City Council Meeting of Tuesday, May 20, 2025 Page 8

Public Comments:
• Denise Turley asked about the legality of possessing a Tiger Salamander.

The City Council dis cussed getting more und erstanding of the Western Burrowing Owl, the Crotch bumblebees, and a tiger salamander as new endangered species and including the m in future ITP permits. Direct access bike/pedestrian path to shopping from Del Monte to the dunes in alternatives to Del Monte 2nd Avenue Extension . Approval of D ept. of Fish and Wildlife Airport area. Consistency with the General Plan. Salinas Avenue site. Mitigation strategies for development areas. Concerns about the realignment of 2nd Avenue to Crescent Street.

BIALA/VISSCHER: THAT WE RECEIVED THE PRESENTATION REGARDING THE STATUS OF THE CITY’S CITY -WIDE INCIDENTAL TAKE PERMIT (ITP) FOR

MONTEREY GILIA AND FORT ORD HABITAT MANAGEMENT PLAN
COMPLIANCE PROJECTS; AND PROVIDING INPUT ON A CONCEPTUAL REALIGNMENT OF THE PROPOSED DEL MONTE BOULEVARD/2 ND AVENUE

EXTENSION TO INCLUDE ALTERNATIVE EVALUATION OF A FORTAG LIKE PEDESTRIAN BIKE EXTENSION FROM 2 ND AVENUE TO DEL MONTE BLVD; AND EVALUATE PRESTON PARK ALTERNATIVE DUE TO SAND GILIA ISSUES; AND THAT CONNECTOR ROADS NOT EMPTY INTO RESIDENTIAL STREETS . 3- 1(Delgado)-0-0. Substitute Motion Passes by Roll Call Vote.

b. Consider adopting Resolution No. 2025-, approving the 2025 Engineering and Traffic Survey with recommended speed limits; and authorize a budget appropriation of $10,000 of Gas Tax/Street Fund for signs and supplies; and authorize the Finance Director to make necessary accounting and budgetary entries; and consider introducing Ordinance No. 2025 -, for first reading by title only and waive further reading, amending Section 10.60.010 “Speed Limits Established” of Chapter 10.60 “Speed Limits” of Title 10 “Vehicles and Traffic” to adopt prima facie speed limits pursuant to an engineering and traffic survey and the California Vehicle Code (CVC). Continued to June 3, 2025
c. Adopting Resolution No. 2025 -, approving the purchase of a fully equipped RAVO R5 -ISERIES Compact Diesel Street Sweeper from our Sourcewell Contractor. Continued to June 3, 2025

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 11:16 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Liesbeth Visscher, Mayor Pro Tem
8 May 27, 2025 Item No.10f(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

CERTIFYING CITY OF MARINA COMPLIANCE WITH STATE LAW
(PROPOSITION 218) WITH RESPECT TO SPECIAL ASSESSMENT FOR

THE SEABREEZE LANDSCAPE M AINTENANCE ASSESSMENT
DISTRICT FOR FISCAL YEAR 2025-2026
RECOMMENDATION:

It is requested that the City Council consider:
(1) Adopting Resolution No. 2025-, certifying City of Marina compliance with State law (Proposition 218) with respect to special assessment for the Seabreeze Landscape Maintenance Assessment District for FY 2025-2026.

BACKGROUND:

On May 20, 202 5, t he City Council passed Resolution 2025-46 setting FY 2025/26 special assessment for the Seabreeze Landscape Maintenance Assessment District as recommended in the engineer's report.

Except for the Constitutionally limited 1% ad valorem tax, the Monterey County Auditor - Controller will not place taxes, assessments, fees or charges on the rolls unless the City Council certifies by resolution that the City is in compliance with Proposition 218, the 1996 'Right to Vote on Taxes Act' with respect to each such tax, assessment, fee and charge. Certification resolution(s) must contain hold harmless and indemnification provisions for administrative expenses of the County associated with collection of the City's taxes, assessments, fees and charges placed on the rolls. These certifications, along with copies of the resolutions setting the tax, assessment fee and/or charge rates and certain other documentation, must be submitted to the County no later than August 1, 2025.

ANALYSIS:

The following special levy, adopted by Resolution 2025-46 on May 20, 2025, is for Assessment District operations and must be included in the certification adopted by the Council:

Seabreeze Landscape Maintenance Assessment District $ 182.42 per parcel FISCAL IMPACT:

Special assessments finance the assessment district's approved maintenance. Total to be credited to the district is as follows:

Seabreeze Landscape Maintenance Assessment District $ 6,749.54 CONCLUSION:

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

Respectfully submitted,
1 ____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

________________________________
Tori Hannah, MBA
Finance Director
City of Marina

____________________________
Ismael Hernandez
Public Works Director
City of Marina

________________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF MARINA CERTIFYING

COMPLIANCE WITH STATE LAW WITH RESPECT TO
LEVYING OF SPECIAL ASSESSMENTS FOR FISCAL YEAR 2025-2026

WHEREAS, The City of Marina requests that the Monterey County Auditor-Controller enter those special assessments identified in Exhibit “A” on the property tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2025-2026 (“EXHIBIT A”).

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

1. The City hereby certifies that it has, without limitation, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes and assessments identified in EXHIBIT A regardless of whether those procedures and requirements are set forth in the Constitution of the State of California, in State statutes, or in the applicable decisional law of the State of California.

2. The City further certifies that, except for the sole negligence or misconduct of the County of Monterey, its officers, employees and agents, the City shall be solely liable and responsible for defending, at its sole expense, cost and risk, each and every a ction, suit or other proceeding brought against the County of Monterey, its officers, employees and agents for every claim, demand or challenge to the levying or imposition of the general or special taxes and assessments identified in EXHIBIT A and that th e City shall pay or satisfy any judgment rendered against the County of Monterey, its officers, employees and agents on every such action, suit, or other proceeding, including all claims for refunds and interest thereon, legal fees, court costs and administrative expenses of the County of Monterey to correct the tax rolls.

PASSED AND ADOPTED by the City of Marina City Council at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________
Anita Sharp, Deputy City Clerk

3 EXHIBIT A

ATTACHMENT TO RESOLUTION NO. 2025-__ OF THE CITY OF MARINA,

COUNTY OF MONTEREY, CALIFORNIA, CERTIFYING COMPLIANCE WITH

STATE LAW WITH RESPECT TO THE LEVYING OF SPECIAL ASSESSMENTS FOR FISCAL YEAR 2025-2026

PER-PARCEL ASSESSMENTS:

Assessment Districts – Operations:
• Seabreeze Landscape Maintenance Assessment District
$182.42

4 May 27, 2025 Item No.10f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

CERTIFYING CITY OF MARINA COMPLIANCE WITH STATE LAW
(PROPOSITION 218) WITH RESPECT TO SPECIAL ASSESSMENT FOR

THE MONTEREY BAY ESTATES LANDSCAPE M AINTENANCE
ASSESSMENT DISTRICT FOR FISCAL YEAR 2025-2026
RECOMMENDATION:

It is requested that the City Council consider:
(1) Adopting Resolution No. 20 25-, certifying City of Marina compliance with State law (Proposition 218) with respect to special assessment for the Monterey Bay Estates Landscape Maintenance Assessment District for FY 2025-2026.

BACKGROUND:

On May 20, 2025, the City Council passed Resolution No. 2025-47 setting the FY 2025/26 special assessment for the Monterey Bay Estates Landscape Maintenance Assessment District as recommended in the engineer's report.

ANALYSIS:

The following special levy, adopted by Resolution 2025-47 on May 20, 2025, is for Assessment District operations and must be included in the certification adopted by the Council:

Monterey Bay Estates Landscape Maintenance Assessment District $ 77.14 per parcel FISCAL IMPACT:

Special assessments finance the assessment district's approved maintenance. Total to be credited to the district is as follows:

Monterey Bay Estates Landscape Maintenance Assessment District $ 12,496.68 CONCLUSION:

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

Respectfully submitted,
1 ____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

________________________________
Tori Hannah, MBA
Finance Director
City of Marina

____________________________
Ismael Hernandez
Public Works Director
City of Marina

________________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF MARINA CERTIFYING

COMPLIANCE WITH STATE LAW WITH RESPECT TO
LEVYING OF SPECIAL ASSESSMENT FOR FISCAL YEAR 2025-2026

WHEREAS, The City of Marina requests that the Monterey County Auditor-Controller enter that special assessment identified in Exhibit “A” on the property tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2025-2026 (“EXHIBIT A”).

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

PASSED AND ADOPTED by the City of Marina City Council at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________
Anita Sharp, Deputy City Clerk

3 EXHIBIT A

ATTACHMENT TO RESOLUTION NO. 2025-__ OF THE CITY OF MARINA,

COUNTY OF MONTEREY, CALIFORNIA, CERTIFYING COMPLIANCE WITH

STATE LAW WITH RESPECT TO THE LEVYING OF SPECIAL ASSESSMENT FOR FISCAL YEAR 2025-2026

PER-PARCEL ASSESSMENTS:

Assessment District – Operations:
• Monterey Bay Estates Landscape Maintenance Assessment District $77.14

4 May 27, 2025 Item No.10f(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

CONFIRMING LEVY OF A SPECIAL TAX F OR THE CITY OF
MARINA COMMUNITY FACILITIES DISTRICT NO. 2007 -2 (LOCKE PADDON) FOR FISCAL YEAR 20 25-2026 AS AUTHORIZED BY
ORDINANCE NO. 2007 -09; AND RESOLUTION NO. 20 25-,

CERTIFYING CITY OF MARINA COMPLIANCE WITH STATE LAW
(PROPOSITION 218) WITH RESPECT TO LEVYING OF SPECIAL

TAXS ON BEHALF OF THE CITY OF MARINA COMMUNITY
FACILITIES DISTRICT NO. 2007 -2 FOR FISCAL YEAR 2025-2026 AS AUTHORIZED BY ORDINANCE NO. 2007-09

RECOMMENDATION:

It is requested that the City Council:

1. Consider adopting Resolution No. 20 25-, confirming levy of a special tax for the City of Marina Community Facilities District No. 2007 -2 (Locke Paddon) for Fiscal Year 2025-2026 as authorized by Ordinance No. 2007-09; and

2. Consider adopting Resolution No. 20 25-, certifying City of Marina compliance with State law ( Proposition 218) with respect to levying of special taxes for the City of Marina Community Facilities District No. 2007-2 for Fiscal Year 2025- 2026 as authorized by Ordinance No. 2007-09

BACKGROUND:

Pursuant to a special election held on July 17, 2007, on August 7, 2007, the City Council unanimously passed Ordinance No. 2007 -09, forming the City of Marina Community Facilities District No. 2007 -2 (commonly referred to as Locke -Paddon CFD , see “EXHIBIT B ”).

Ordinance 2007-09 also authorized an annual special tax levy for the purpose of landscape and park maintenance. The special tax was first levied for fiscal year 2008 -09, in the amount of $898.58 for each of the fifteen (15) assessed properties. Each subsequent year, Ordinance 2007 - 09 requires the special tax to be increased by two percent (2.00%) from the previous approved Maximum Special Tax.

For fiscal years 2013/14, 2014/15 and 2015/16, the special tax was temporarily reduced to zero.

The City Council Resolutions affirmed that for future calculations, the full, authorized, maximum rate would continue to increase per Ordinance 2007 -09. Accordingly, the special tax for each fiscal year since inception has been as follows (NOTE: Monterey County requires that rates be divisible by 2 for placement on the rolls, so calculations are rounded each year):

1 Fiscal Year Max. Per Parcel Tax Approved Levy Total Special Tax FY 08/09 $898.58 $ 898.58 $ 13,478.70 FY 09/10 $916.56 $ 916.56 $ 13,748.40 FY 10/11 $934.90 $ 934.90 $ 14,023.50 FY 11/12 $953.60 $ 953.60 $ 14,304.00 FY 12/13 $972.68 $ 972.68 $ 14,590.20 FY 13/14 $992.14 $ - $ - FY 14/15 $1,011.98 $ - $ - FY 15/16 $1,032.22 $ - $ - FY 16/17 $1,052.86 $ 420.00 $ 6,300.00 FY 17/18 $1,073.92 $ 475.00 $ 7,125.00 FY 18/19 $1,095.40 $ 450.00 $ 6,750.00 FY 19/20 $1,117.30 $ 488.00 $ 7,320.00 FY 20/21 $1,139.64 $ 785.00 $ 11,775.00 FY 21/22 $1,162.44 $ 820.00 $ 12,300.00 FY 22/23 $1,185.68 $ 1,100.00 $ 16,500.00 FY 23/24 $1,209.40 $ 1,100.00 $ 16,500.00 FY 24/25 $1,233.58 $ 1,200.00 $ 18,000.00 FY 25/26 $1,258.66 $ 912.00 $ 13,680.00

ANALYSIS:

Each year's special tax is collected by the Monterey County Tax Collector, and then distributed to the City. When received by the City, special taxes are credited in the accounting system to Fund 251 - CFD No. 2007-2 Locke Paddon. Likewise, expenditures and costs incurred on behalf of the District are paid out of Fund 251 expenditure. It is estimated that by June 30, 20 25, the unexpended fund balance in Fund 251 (cumulative tax re venue in excess of expenditures since inception) is projected to be approximately $4,878. Expected landscaping, utilities, extraordinary maintenance, and City service expenditures for this coming fiscal year ( 2025-26) will be approximately $13,533 (“EXHIBIT C”).

Due to the age of the site improvements at the District, a fund balance of $ 5,025 will be maintained for replacement costs of site improvements as they reach the end of their life expectancy (e.g. street light fixtures, irrigation system) and for tree removal/replacement as needed.

Section 2 of Ordinance 2007 -09 requires the CFD Administrator (the City Manager) “...to determine each year, without further action of this Council, the Special Tax...and, without further action of this Council, to provide all necessary and appropriate information to the Monterey County Auditor...necessary to effect the correct and timely billing and collection of the Special Tax....” Upon evaluation of the anticipated expenditures of the District for the upcoming Fiscal Year 25/26, it is the opinion of the CFD Administrator to assess a special tax of $ 912.00 per parcel to maintain an adequate fund balance for any potential unforeseen extraordinary maintenance projects.

Monterey County will not impose or collect the special tax on the District's behalf unless the City submits, in a form provided by the County, a certification of compliance with State Law (Proposition 218) that includes a hold harmless and indemnification provision for administrative expenses of the County associated with collection of the City's taxes, assessments, fees or charges, other than the Constitutionally authorized 1% ad valorem tax.

2 Attached is a resolution which, if adopted by the Council will satisfy the County's certification, hold-harmless and indemnification requirements with respect to the City of Marina Community Facilities District No. 2007-2 Special Tax for the 2025-26 fiscal year.

FISCAL IMPACT:

Special assessments finance the CFD's approved landscape maintenance services. Total to be credited to the district is as follows:

Fund 251 Community Facilities District No. 2007-2 $13,533.00

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

________________________________
Tori Hannah, MBA
Finance Director
City of Marina

____________________________
Ismael Hernandez
Public Works Director
City of Marina

________________________________
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF MARINA CONFIRMING

LEVY OF A SPECIAL TAX FOR THE CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 2007-2 (LOCKE PADDON) FOR FISCAL YEAR 2025-2026 AS AUTHORIZED BY ORDINANCE NO. 2007-09

WHEREAS, Ordinance 2007-09 authorized the levy of a special tax for the benefit of the City of Marina Community Facilities District 2007 -2 starting in Fiscal Year 2008 -2009, and increasing each year by two percent (2%); and

WHEREAS the special tax has been levied each fiscal year as authorized, but was temporarily reduced to zero for Fiscal Years 2013/14, 2014/15 and 2015/16; and

WHEREAS the Administrator has calculated the maximum Fiscal Year 2025-2026 special tax to be $1,258.26, and;

WHEREAS, the CFD administrator having further considered the special tax requirements in accordance with Exhibit A to Ordinance 2007 -09, by which Community Facilities District 2007 -2 was established and continues, has determined that a special tax for fiscal year 2025-2026 be assessed at $912.00 per parcel.

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

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

2. The City does hereby order the levy and collection of said assessment, $912.00 per parcel for FY 2025-2026 assessment for the Locke Paddon Community Facilities District No. 2007-2.

3. It is the intention of the City of Marina that any monetary advance mad e by it during any fiscal year to cover a deficit in the improvement fund of Community Facilities District No. 2007 -2 shall be repaid from the next annual assessments levied and collected within Community Facilities District No. 2007-2.

4. The City Clerk is hereby authorized and directed to file a certified copy of said diagram and assessment with the Monterey County Auditor prior to August 1, 2025.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, 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 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY OF MARINA CERTIFYING
COMPLIANCE WITH STATE LAW (PROPOSITOIN 218) WITH RESPECT TO

LEVYING OF SPECIAL TAXES ON BEHALF OF CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 2007-2 FOR FISCAL YEAR 2025-2026 AS AUTHORIZED BY ORDINANCE NO. 2007-09

WHEREAS, the City of Marina “Public Agency” requests that the Monterey County Auditor - Controller enter those general or special taxes, assessments, or property -related Fees or charges identified in Exhibit “A” on the tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2025-2026.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Public Agency hereby certifies that it has, without limitation, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes, assessments, or property -related fees or charges identified in Exhibit “A”, regardless of whether those procedures and requirements are set forth in the Constitution of the State of California, in State statues, or in the applicable law of the State of California.

2. The Public Agency further certifies that, except for the sole negligence or misconduct of the County of Monterey, its officers, employees, and agents, with regards to the handling of the Cd or electronic file identified as Exhibit “A”, the Public Agency shall be solely liable and responsible for defending, at its sole expense, cost, and risk, each and every action, suit, or other proceeding brought against the County of Monterey, its officers, employees, and agents for every claim, demand, or challenge to the levying or imposition of the general or special taxes, assessments, or property –related fees or charges identified in Exhibit “A” and that it shall pay or satisfy any judgment rendered against the County of Monterey, its officers, employees, and agents on every such action, suit, or other proceeding, including all claims for refunds and interest thereon, legal fees and court costs, and administrative expenses of the County of Monterey to correct the tax rolls.

PASSED AND ADOPTED by the City of Marina City Council at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
5 EXHIBIT “A”

RESOLUTION OF THE CITY OF MARINA, COUNTY

OF MONTEREY, CALIFORNIA, CERTIFYING COMPLIANCE WITH STATE LAW

WITH RESPECT TO THE LEVYING OF SPECIAL TAXES FOR
FISCAL YEAR 2025-2026

PER-PARCEL SPECIAL TAX:

DIAGRAM & ASSESSOR'S SPECIAL TAX
LOT NO. PARCEL NUMBER ASSESSMENT

1 033-135-001-000 $ 912.00
2 033-135-002-000 $ 912.00
3 033-135-003-000 $ 912.00
4 033-135-004-000 $ 912.00
5 033-135-005-000 $ 912.00
6 033-135-006-000 $ 912.00
7 033-135-007-000 $ 912.00
8 033-135-008-000 $ 912.00
9 033-135-009-000 $ 912.00
10 033-135-010-000 $ 912.00
11 033-135-011-000 $ 912.00
12 033-135-012-000 $ 912.00
13 033-135-013-000 $ 912.00
14 033-135-014-000 $ 912.00
15 033-135-015-000 $ 912.00

6 Paddon Pl
Reservation Rd
Del Monte Blvd
Caroline Ln
Elena Pl
Elizabeth Ln
Marina Dr
ROW
ROW

PARCEL B
ROW
Railroad Tracks
Locke Paddon Point Landscape Maintenace District
Area T o Maintain
Parcels
Roads
Railroad Tracks
0 125 250 375 50062.5
Feet

EXHIBIT B

CFD DIAGRAM
7 Estimates Estimates Estimates
Summary FY 2024-2025 FY 2025-2026 FY 2026-2027
Beginning Cash Balance, July 1st 4,672$ 4,878$ 5,025$ (a)Total Special Tax Revenue (15 Parcels) 1 6,500$ 13,680$ 14,090$ Expenditures
Contractor Services
(b)Landscape Maintenance Contract 2,988$ 3,078$ 3,170$ Utilities 1,671$ 1,721$ 1,772$
Large Tree Trimming -$ -$ -$
Extraordinary Maintenance 3,000$ -$ -$
Administrative Services
Supervision -$ -$ -$
Cost Allocation Charges 5,235$ 5,235$ 5,235$
Administration (Incl. Engineer's Report) 3,400$ 3,500$ 3,605$ Total Expenditures 16,294$ 13,533$ 13,782$
(c)Net Change in Fund Balance 206$ 147$ 308$
(d)Ending Fund Balance, June 30th 4,878$ 5,025$ 5,333$ (d) End Fund Balance equals the Net Change in Fund Balance plus the Beginning Cash Balance of that Fiscal Year. (c) Net Change in Fund Balance equals the Total Expenditures subtracted from Total Special Tax Revenue for that Fiscal Year. (b) Maintenance Costs are shown as increasing per fiscal year by an estimated Consumer Cost Index (CPI) of 3% as allowed by the Contract Specifications. (a) Maximum Assessment per Rate of Apportionment is $1,258.26 per parcel for FY 25/26. Actual Per Parcel Assessment for FY 25/26 is $912.00

BUDGET SUMMARY
LO

CKE-PADDON COMMUNITY FACILITIES DISTRICT

EXHIBIT C
8 May 15, 2025 Item No. 10f(4)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2 025-,
APPROVING PURCHASE OF A RAVO R5-ISERIES COMPACT DIESEL

STREET SWEEPER , AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE PURCHASE AGREEMENTS ON BEHALF OF

THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE

CITY ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO
MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.

REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 2025- approving the purchase of one (1) new Ravo R5-iSeries Compact Diesel Street Sweeper for the amount of $345,562.74;

2. Authorize the City Manager or his designee to execute purchase agreements on behalf of the City subject to final review and approval by the City Attorney, and;

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

BACKGROUND:

Currently, Marina’s streets are maintained via a contract with a local street sweeping contractor.

This arrangement lacks a fixed schedule, relying on short-notice sweeps based on the contractor’s availability, resulting in inconsistent street cleanliness. The absence of a regular cleaning schedule diminishes the overall appearance and health of the community and limits control over street maintenance.

The proposed purchase aligns with the upcoming addition of Public Works Maintenance Worker positions included in the proposed budget, which will facilitate more consistent and effective street cleaning services.

The Public Works Department evaluated several street sweepers , concluding that the Ravo R5iSeries Street Sweeper was the best fit for the organization. A variety of factors were considered which helped staff come to this conclusion, including safety, performance, maintenance cost and efficiency.

ANALYSIS:

The Ravo R5 -iSeries Street Sweeper is recognized industry -wide for its durability, long service life, and ease of operation. Key features include:
• Industry-leading compaction rate to maximize payload and efficiency. • Automatic ride height/self-leveling system that ensures optimal broom pressure, resulting in superior sweeping quality and reduced broom wear.
• Maintenance-friendly broom system with no greasing points, reducing upkeep costs. • Exceptional maneuverability, with a turning radius of only 199 inches, suitable for tight streets and dead ends.
• No CDL requirement, as the GVW is 25,132 lbs., easing operation and staffing. • High loading capacity of 12,125 lbs., supporting extended and efficient sweeping operations.

1 1
The unit’s cost is $345,562.74, inclusive of taxes, delivery, and training. This purchase falls within the current fiscal year budget allocation of $400,000 designated for new street sweeping equipment.

The bidding requirement for this purchase is satisfied through a Sourcewell cooperative purchasing program. Cooperative purchasing is defined by the American Bar Association Model Procurement Code for State and Local Governments as “Procurement conducted by, or on behalf of, one or more Public Procurement Units.” Sourc ewell’s analysts facilitate the procurement process by developing Requests for Proposals (RFPs) and Invitations for Bids (IFBs) for national, competitive solicitations that meet or exceed local requirements. Their rigorous process is continually refined to best serve the needs of participating agencies and ensures access to exceptional products from nationally recognized suppliers. The contract number for this purchase is 093021-FAY.

FISCAL IMPACT:

The total cost of $345,562.74 for the Ravo R5-iSeries is covered by the existing budget allocation of $400,000, resulting in remaining funds that can be allocated towards other needs. This purchase is expected to enhance the efficiency and effectiveness of street and airport runway cleaning, promoting community health, safety, and aesthetics. It supports the City’s operational goals without exceeding the designated budget.

EXHIBITS:

Exhibit A – Contract Pricing sheet for Sourcewell Contract No. 093021-FAY for one (1) new Ravo R5iSeries Diesel Street Sweeper

Respectfully submitted,

_____________________________
Ismael Hernandez
Public Works Director
City of Marina

REVIEW/CONCUR

____________________________________
Layne Long
City Manager
City of Marina

2 2
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF MARINA APPROVING
PURCHASE OF A RAVO R5 -ISERIES COMPACT DIESEL STREET

SWEEPER, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE PURCHASE AGREEMENTS ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY,

AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY
ACCOUNTING AND BUDGETARY ENTRIES.

WHEREAS, the City of Marina recognizes the need for a reliable and efficient street sweeping program to enhance the cleanliness, safety, and appearance of city streets and public areas; and WHEREAS, the Public Works Department has identified the Ravo R5-iSeries Compact Diesel Street Sweeper as an industry-leading vehicle that offers superior performance, maneuverability, and operational efficiency; and
WHEREAS, the purchase of this equipment will enable the City to implement a scheduled, routine street sweeping program, including maintenance of the Marina Airport runway and taxiways, as well as cleaning public event areas and traffic accident sites; and WHEREAS, the procurement of the Ravo R5-iSeries is in compliance with the City’s purchasing policies through participation in the Sourcewell cooperative purchasing program, with contract number 093021-FAY, which ensures a competitive and streamlined procurement process; and WHEREAS, the total cost of the equipment, $345,562.74, is within the current fiscal year budget allocation of $400,000 designated for new street sweeping equipment.

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

1. The City Council hereby supports the staff report and authorizes the purchase of the Ravo R5-iSeries Compact Diesel Street Sweeper for the amount of $345,562.74.

2. The City Manager or his designee is authorized to execute all necessary documents and take all actions required to effectuate this purchase.

3. The Finance Director is authorized to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd Day of June 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_______________________________
Anita Sharp, Deputy City Clerk

3 3

EXHIBIT A
4 4

EXHIBIT A
5 5

EXHIBIT A
6 6
Support for Purchase of
Ravo R5 -iSeries Street
Sweeper & New Street
Sweeper Program

ISMAEL HERNANDEZ

PUBLIC WORKS DIRECTOR

EXHIBIT
7 Introduction & Purpose
• To request City Council approval for purchasing the
Ravo R5-iSeries Compact Diesel Street Sweeper.
• To introduce the plan for a new, scheduled street
sweeping program in Marina.
• Highlight the benefits: cleaner streets, increased safety, improved airport runway maintenance, and support for
public events.
8 Current Approach
• Streets are currently cleaned via a local contractor. • No fixed schedule; sweeps are scheduled short-notice
based on contractor availability.
• Result: Inconsistent street cleanliness and limited
community control.
9 Proposed Approach
New Street Sweeping Program
Goal: Implement a scheduled, routine street sweeping program.

Key Point: Use of new equipment and additional staff to ensure consistent cleaning.

Focus: Maintain streets, airport runways, public event areas, and traffic accident cleanup.

New Routine Plan
The plan introduces eight street sweeping routes.

How: Dividing existing City Council districts in half.

Result: Four districts, split into two routes each, totaling eight routes.

Benefit: More efficient, manageable, and predictable sweeping schedule.
10 Ravo R5 -iS e rie s
• Industry leader in durability, payload, and
maneuverability.

Features include:
• Automatic self-leveling broom system
• High compaction rate and large hopper
• Exceptional turning radius (199 inches)
• No CDL required
• High loading capacity (12,125 lbs)
• Cost: $345,562.74 (includes taxes, delivery, training) 11 Procurement
• Purchase through Sourcewell cooperative purchasing
program.
• This meets bidding requirements as defined by the
American Bar Association.
• Contract number: 093021-FAY.
• Process ensures competitive, streamlined procurement
with nationally recognized suppliers.
12 Fiscal Impact
• Total cost: $345,562.74.
• Within the current fiscal year budget of $400,000.
• Funds allocated support improved street maintenance
and airport operations.
• The investment ensures long-term savings and
community benefits.
13 QUESTIONS
14 May 22, 2025 Item No. 10f(5)

Honorable Mayor and Members City Council Meeting of the Marina City Council of June 3, 2025

REQUEST TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,
APPROPRIATE $ 85,000 FROM PUBLIC FACILITIES IMPACT FEE
FUND NO. 215 (ROADWAY & INTERSECTION IMPACT FEES) TO
THE CITY CAPITAL IMPROVEMENT PROJECTS FUND NO. 462.

TBD FOR THE DUNES ON MONTEREY BAY (“DUNES”)_TRAFFIC
IMPACT ANLYSIS (TIA) UPDATE ; AUTHORIZE THE FINANCE

DIRECTOR TO MAKE THE NECESSARY A CCOUNTING AND

BUDGETARY ENTRIES

REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 20 25-, approving the a ppropriation of $85,000 from Public Facilities Impact Fee Fund No. 215 (Roadway & Intersection Impact Fees) to the City Capital Improvement Projects Fund No. 462.TBD for the Dunes on Monterey Bay (“Dunes”) Traffic Impact Analysis (TIA) update;

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

BACKGROUND:

On May 31, 2005, along with other entitlements , the Marina City Cou ncil adopted Resolutio n No. 2005 -127, certifying the F inal Environmental Impact Report (FEIR) (SCH. No. 2004091167) for University Villages Specific Plan project (now Dunes on Monterey Bay Specific Plan) in accordance with the California Environmental Quality Act (CEQA) and state and local guidelines, making certain findings and determinations thereto, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program. The Traffic Impact Analysis (Appendix F of the FEIR ) contained an analysis of the transportation network for the Specific Plan area.

The purpose of the original FEIR TIA (May 31, 2005) was to study the traffic impact associated with planned development within the Dunes Specific Plan a rea. A variety of residential, commercial and other land uses were assessed to understand their combined influence on road and intersection operating conditions , which were evaluated based on the expected level of service (LOS).

Altogether, project build-out in the FEIR TIA included 1,237 residential units, 1,122,055 square feet (sf) of retail uses, 809,171 sf of business park, 561,850 sf of government type offices, 10,000 sf of general office, and various other land uses such as a multiplex theater, gas station, community building, soccer fields, a possible transit center , a church, and “opportunity phase” development.

Vehicle trips were based upon trip rates published for various “land use types” in the Institute of Transportation Engineers’ (ITE) Trip Generation (7th Edition, 2003) and San Diego Association of Governments (SANDAG) Vehicular Traffic Generation Rates (2003). The total number of generated trips were reduced by five percent to account for captured trips. In addition, a five percent internal trip reduction was applied to account for the vision for this new mixed-use, planned community “as a fully integrated, sustainable, pedestrian friendly place, incorporating residential, employment, shopping and recreational opportunities, as well as the anticipated provision for and use of other modes of transit” (FEIR TIA, p. 26). 1 The distribution of the estimated project trips from the Dunes project area to the Monterey Peninsula and the surrounding region was based on the origin/ destination matrices provided by the Association of Monterey Bay Area Governments (AMBAG). The location and proximity of other existing and future land uses adjacent to the Dunes project site boundaries , including CSUMB campus activities, were considered in the project trip distribution.

Project Status and Existing Conditions (as of 2015)
A portion of the Dunes project has been built or is under construction, including the regional retail component (Dunes Shopping Center), movie theater (Cinemark) , single- and multi-family housing, Peninsula Wellness Center, VA Clinic, and hotel rooms (Marriott Springhill Suites).

Since the certification of the Dunes FEIR, in 2005, there have been a number of c hanges to evaluate land use types. For example, the Peninsula Wellness Center, a medical facility, was constructed instead of a grocery store and associated service retail shops at the south east corner of Imjin Parkway and 2nd Avenue.

Also within the vicinity of the Dunes Specific Plan area, land use changes have taken place, including the addition of Monterey Peninsula College (MPC) satellite campus at Imjin Parkway and 3rd Avenue and development of the Promontory student dormitory housing at 8 th Street and Imjin Road. Neither were anticipated at the time of the Dunes project. Future additional student housing north of CSUMB campus is planned as Promontory 2.

These changes, in conjunction with relocation of the multimodal corridor and potential closure of 8th Street for recreational trail and greenway purposes warrant further investigation of associated impacts to traffic operations. An updated traffic analysis was needed as part of the environmental review to support the General Plan amendments needed for these projects.

At the regular meeting of December 15, 2015, the City Council adopted Resolution No. 2015 - 147, approving an agreement with Kimley Horn for traffic engineering services for the Traffic Impact Analysis Update.

Project Status and Existing Conditions ( as of
2025)
Since the last update, a large portion of the
Dunes project has been built or is under
construction, including the Phase 1A Casual
Dining (e.g. Chipotle, Teriyaki Madness) and
Restaurants (e.g. Brass Tap), the Phase 1B
Promenade with mixed -use Grocery Store
(Trader Joes) and housing, Phase 2 West and
East Residential single-, multi-family, and
below-market-rate housing (Terracina at the
Dunes, Site 1 & 2) , and hotel rooms ( Hilton
Home2Suites).

Backbone infrastructure for Opportunity
Phases 1A (“CDEC Hill”) and Phase 3 have
been constructed to allow for active
development of a Gas Station, Car Dealership
and Medical Facilities. The connection of 8 th
Street from 2 nd Avenue through to California
Avenue is currently under design in conjunction with the Fort Ord Rec Trail and Greenway (FORTAG) segment along California Avenue.
2 These changes , in conjunction with relocation of the multimodal corridor warrant further investigation of associated impacts to traffic operations. An updated traffic analysis is needed as part of the environmental review to support the General Plan amendments needed for these projects.

Scope of Services
Staff requested a Scope of Services for a TIA from the City’s on -call traffic engineering consultant Kimley-Horn and Associates (KHA) to understand the implications of these changes to the traffic network.

The proposed TIA update would evaluate the effects of the land use and circulation c hanges.

Traffic operations on the existing and planned road network would be compared to the traffic analysis in the original FEIR TIA. If intersections and roadway segments are found to operate at an undesirable LOS with these changes, KHA would specify feasible mitigation measures.

These measures may include, but are not limited to, lane re -configuration, installation of traffic signals, minor widening to accommodate turn lanes, changes to signal phasing, timing, or coordination. It will also inform the timing of the measures required by the 2005 FEIR, given contextual changes.

FISCAL IMPACT:

Should the City Council approve this request for additional funding, adequate funding is available for a total appropriation of $ 85,000 to the project account 462.TBD from the Public Facilities Impact Fees Fund No. 215, Roadway Impact Fees ($42,500) and Intersection Impact Fees ($42,500).

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, PE
Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

3 RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROPRIATE $85,000 FROM PUBLIC FACILITIES IMPACT FEE
FUND NO. 215 (ROADWAY & INTERSECTION IMPACT FEES) TO THE CITY CAPITAL IMPROVEMENT PROJECTS FUND NO. 462. TBD FOR THE DUNES ON MONTEREY BAY (“DUNES”)_TRAFFIC IMPACT
ANLYSIS (TIA) UPDATE; AUTHORIZE THE FINANCE DIRECTOR TO

MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES

WHEREAS, on May 31, 2005, along with other entitlements, the Marina City Council adopted Resolution No. 2005 -127, certifying the Final Environmental Impact Report (FEIR) (SCH. No. 2004091167) for University Villages Specific Plan project (now Dunes on Monterey Bay Specific Plan) in accordance with the California Environmental Quality Act (CEQA) and state and local guidelines, making certain findings and determinations thereto, adopting a statement of overriding considerations, and adopting a mitigation monitoring and reporting program. The Traffic Impact Analysis (Appendix F of the FEIR) contained an analysis of the transportation network for the Specific Plan area, and;

WHEREAS, the purpose of the original FEIR TIA (May 31, 2005) was to study the traffic impact associated with planned development within the Dunes Specific Plan a rea. A variety of residential, commercial and other land uses were assessed to understand their combined influence on road and intersection operating conditions, which were evaluated based on the expected level of s ervice (LOS), and;

WHEREAS, altogether, project build -out in the FEIR TIA included 1,237 residential units, 1,122,055 square feet (sf) of retail uses, 809,171 sf of business park, 561,850 sf of government type offices, 10,000 sf of general office, and various other land uses such as a multiplex theater, gas station, community building, soccer fields, a possible transit center , a church , and “opportunity phase” development, and;

WHEREAS, vehicle trips were based upon trip rates published for various “land use types” in the Institute of Transportation Engineers’ (ITE) Trip Generation (7th Edition, 2003 ) and San Diego Association of Governments (SANDAG) Vehicular Traffic Generation Rates (2003). The total number of generated trips were reduced by five percent to account for captured trips. In addition, a five percent internal trip reduction was applied to account for the vision for this new mixed-use, planned community “as a fully integrated, sustainable, pedestrian friendly place, incorporating residential, employment, shopping and recreational opportunities, as well as the anticipated provision for and use of other modes of transit” (FEIR TIA, p. 26), and;

WHEREAS, the distribution of the estimated project trips from the Dunes project area to the Monterey Peninsula and the surrounding r egion was based on the origin/ destination matrices provided by the Association of Monterey Bay Area Governments ( AMBAG). The location and proximity of other existing and future land uses adjacent to the Dunes project site boundaries , including CSUMB campus activities, were considered in the project trip distribution, and;

WHEREAS, since the last update, a large portion of the Dunes project has been built or is under construction, including the Phase 1A Casual Dining (e.g. Chipotle, Teriyaki Madness) and Restaurants (e.g. Brass Tap), the Phase 1B Promenade with mixed -use Grocery Store (Trader Joes) and housing, Phase 2 West and East Residential single-, multi-family, and below -market-rate housing (Terracina at the Dunes, Site 1 & 2), and hotel rooms (Hilton Home2Suites), and;

4 Resolution No. 2025-
Page Two

WHEREAS, backbone infrastructure for Opportunity Phases 1A (“CDEC Hill”) and Phase 3 have been constructed to allow for active development of a Gas Station, Car Dealership and Medical Facilities. The connection of 8 th Street from 2 nd Avenue through to California Avenue is currently under design in conjunction with the Fort Ord Rec Trail and Greenway (FORTAG) segment along California Avenue, and;

WHEREAS, these changes, in conjunction with relocation of the multimodal corridor warrant further investigation of associated impacts to traffic operations. An updated traffic analysis is needed as part of the environmental review to support the General Plan amendments needed for these projects, and;

WHEREAS, staff requested a Scope of Services for a TIA from the City’s on-call traffic engineering consultant Kimley-Horn and Associates (KHA) to understand the implications of these changes to the traffic network, and;

WHEREAS, the proposed TIA update would evaluate the effects of the land use and circulation changes. Traffic operations on the existing and planned road network would be compared to the traffic analysis in the original FEIR TIA. If intersections and roadway segments are found to operate at an undesirable LOS with these changes, KHA would specify feasible mitigation measures. These measures may include, but are not limited to, lane re -configuration, installation of traffic signals, minor widening to accommodate turn lanes, changes to signal phasing, timing, or coordination . It will also inform the timing of the measures required by the 2005 FEIR, given contextual changes , and;

WHEREAS, should the City Council approve this request for additional funding, adequate funding is available for a total appropriation of $ 85,000 to the project account 462.TBD from the Public Facilities Impact Fees Fund No. 215, Roadway Impact Fees ($42,500) and Intersection Impact Fees ($42,500).

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

1. Approve the a ppropriation of $85,000 from Public Facilities Impact Fee Fund No. 215 (Roadway & Intersection Impact Fees) to the City Capital Improvement Projects Fund No. 462.TBD for the Dunes on Monterey Bay (“Dunes”) Traffic Impact Analysis (TIA) update;

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

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 3rd day of June 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________
Anita Sharp, Deputy City Clerk
5 kimley-horn.com 10 South Almaden Boulevard, Suite 1250 San Jose, CA 95113 (669) 800-4130 April 8, 2025
E
drie De Los Santos
City of Marina
211 Hilcrest Avenue
Marina, CA 93933
Re: Proposal – Dunes and 2nd Avenue Traffic Study Update D
ear Mr. De Los Santos,
T
hank you for inviting Kimley-Horn and Associates, Inc. (“ Kimley-Horn” or “Consultant”) to provide engineering services to the City of Marina (“Client”) for the proposed 2nd Avenue and Dunes Traffic Study (the Project). Per the On-Call contract with the Client, this proposal describes the scope and methodologies for providing professional services.

Project Understanding
T
he City of Marina is planning to improve the infrastructure within the Dunes Specific Plan area to support the future development phases along 2nd Avenue between Imjin Parkway and Lightfighter Drive. The project is a mixed -use, planned community located on approximately 429 acres of the former Fort Ord military base. The Final Environmental Impact Report (FEIR) for the Dunes Specific Plan (formerly called University Villages) was certified in 2005. Since the certification of the FEIR, there have been multiple changes to evaluated land use types and the proposed circulation network. As a result, an updated traffic analysis was prepared in 2017 by Kimley-Horn.

T
he proposed land uses for the Dunes Specific Plan has changed since the 2017 study, and the City is seeking a revised traffic analysis to identify future roadway and intersection improvements that are consistent with the City’s General Plan. The Consultant will evaluate the effects of the Dunes land use type and circulation network changes to the traffic operations and facilities as compared to the analysis in the original 2005 FEIR and 2017 traffic study.

Project Study Area
8th St

EXHIBIT A TO

STAFF REPORT
6 Dunes and 2nd Avenue Traffic Study Update

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Project Assumptions

The traffic analysis will based on the following analysis scenarios:

• Dunes Baseline Conditions – Current traffic and roadways plus approved project trips and conditions
• Cumulative Plus Dunes Project Conditions – Current traffic plus the latest General Plan buildout traffic volumes and geometric improvements plus traffic generated by the Dunes

The traffic analysis will evaluate the following study roadway segments and intersections:

• Study Roadways:
o 1
st Avenue between Imjin Pkwy and Lightfighter Dr
o 2 nd Avenue between Imjin Pkwy and Lightfigher Dr
o 8 th Street between 1st Ave and Imjin Rd
o Inter-Garrison Rd between 1st Ave and 2nd Ave
o Divarty St between 1st Ave and 2nd Ave
• Study Intersections:
o Imjin Pkwy / 2nd Ave
o Imjin Pkwy / 3rd Ave
o Imjin Pkwy / 4th Ave
o Imjin Pkwy / California Ave
o 2 nd Ave / General Stilwell Dr
o 2 nd Ave / 10th St
o 2 nd Ave / 9th St
o 2 nd Ave / 8th St
o 2 nd Ave / 6th St
o 2 nd Ave / 3rd St - Inter-Garrison Rd
o 2 nd Ave / Divarty St
o 8 th St / 3rd Ave
o 8 th St / 4th Ave – General Jim Moore Blvd
• It is assumed the proposed traffic control signals on 2 nd Avenue between Imjin Parkway and 10 th Street will remain.
• The existing stop control intersections on 2nd Avenue between 9th Street and Lightfigher Dr will be evaluated for future signal or roundabout control

Scope of Services

Task 1 – Data Collection and Review

Land Use Information

Kimley-Horn will review, in close collaboration with City staff, project related material consisting of the latest:

• P roject description
• L and use quantities and unit totals
• Tentative Map, site access locations, and circulation network • Approved / Built projects
• Background information
o Dunes Specific Plan
o California State University Monterey Bay (CSUMB) Master Plan o Marina Housing Element
o Main Gate Specific Plan in City of Seaside (Divarty / 1st Avenue)

7 Dunes and 2nd Avenue Traffic Study Update

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Based on the data, a table will be prepared comparing the land uses in the 2005 FEIR and 2017 study to the proposed development land use types. Kimley -Horn will rely upon the accuracy and completeness of all documents, reports, plans and specifications provided by the City or by others. Verifying the accuracy and completeness of such items is not part of this scope of services.

To determine the 1
st Avenue connection to Lightfighter Drive from the planned Main Gate development, the Consultant will coordinate with the City of Seaside / developer for the latest site plan and project description.

Traffic and Field Data

To understand existing traffic conditions in the project study area and potential freeway cut -through along 2nd Avenue, Kimley-Horn will coordinate with a subconsultant to conduct an origin-destination study with a license plate survey.

• The survey will identify cut-through traffic during the AM peak for commuters heading southbound on State Route 1 and using local streets through Imjin Parkway, 2nd Avenue, and Lightfigher Drive to bypass existing southbound congestion on the freeway.

Task 2 – Project Trip Generation and Distribution

Trip Generation

The Consultant will coordinate with City staff to update the project land uses, estimate the total number of net new vehicle trips expected to be generated by the proposed development, and compare the results to the traffic analysis in the 2005 FEIR and 2017 TIA. The primary source of trip generation rates will be Trip Generation (11th Edition) published by the Institute of Transportation Engineers (ITE). These rates will be adjusted accordingly for the specific site conditions. Project trip generation volumes will be estimated for weekday Daily, AM and PM peak hours.

Trip Distribution

The trip distribution of project traffic on the roadway system will be consistent with the previous 2005 FEIR and 2017 TIA based on:

• Existing traffic patterns
• Roadway network from the Dunes project and other Specific Plan developments • Locations of land uses within the City
• The AMBAG travel demand model (General Plan or most current AMBAG model)

Task 3 – Dunes Baseline Conditions Analysis

Intersection traffic volumes will be used to analyze level-of-service (LOS) for the baseline scenario. Kimley- Horn will conduct an analysis of weekday AM and PM peak hour traffic conditions for each development scenario. Synchro software, Sidra software, City of Marina, and Highway Capacity Manual (HCM) technical procedures will be used to determine LOS at the study intersections. Synchro software will also be used to determine intersection vehicle queuing under each development condition.

Task 4 – Cumulative Plus Project Conditions Analysis

The Cumulative Plus Project traffic volumes are assumed to represent existing traffic plus General Plan buildout, including approved projects trips and the Dunes trips.

For this analysis, it is assumed that cumulative intersection volumes will be estimated based on the buildout data from the latest AMBAG travel demand model. The AMBAG model will be updated to reflect ITE land 8 Dunes and 2nd Avenue Traffic Study Update

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use types for existing development or projects under construction and changes to the road network. For the study intersections and roadway segments not included in the model, cumulative traffic volumes will be estimated based on adjustment factors developed in coordination with City staff. Kimley-Horn will use the cumulative volumes to perform peak hour capacity analysis for study intersections and roadway segments.

Task 5 – Transportation Mitigations and Recommendations

Kimley-Horn will compare the capacity analysis results for the analysis scenarios to the established significance criteria to determine intersections and roadway segments operating at an undesirable level of service and queueing under the study scenarios. The transportation facilities operating deficiently will be compared to the facilities with significant impacts identified in the previous analysis.

Kimley-Horn will develop feasible potential mitigation measures for intersections and roadway segments operating at an undesirable LOS and queues. These may include, but are not limited to:

• Bus priority and potential queue jumping
• Roadway alignment re-configuration
• L ane re-configuration
• I nstallation of traffic signals or roundabouts
• M inor widening to accommodate turn lanes
• C hanges to signal phasing, timing, or coordination.

Mitigation measures will be developed in concept and tested for effective improvement in LOS. One (1) potential mitigation improvement alternative will be developed for each significant impact identified. This scope of work does not include preliminary design of mitigation or cost estimates.

Task 6 – Technical Report

Kimley-Horn will prepare a technical report for review with the Client. The draft memorandum will include text, charts, and figures describing our process, assumptions, and results. The report will be provided in electronic format and will document the findings of the traffic analysis, peer review, and recommendations for City review. Based on up to one (1) set of consolidated comments received on the draft memo from the Client, the report will be revised, and a final report will be provided in electronic format.

Task 7 – Coordination Meetings and Presentations

Kimley-Horn will attend up to three (3) meetings attended virtually or by phone with City staff to discuss the Project recommendations.

Additional Services

Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates.

Information Provided by the Client

We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. If available, the Client shall provide all information requested by Kimley-Horn during the project.

Schedule

9 Dunes and 2nd Avenue Traffic Study Update

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Kimley-Horn will provide the services identified above as expeditiously as practicable to meet a mutually agreed upon schedule.

Compensation, Fees and Expenses:

Kimley-Horn and Associates will perform the service described in the Scope of Services on a labor fee plus expense basis. Labor fee will be billed on an hourly basis according to our then- current fees. The Client agrees to compensate Kimley-Horn for such services as follows:

Task Number and Name Fee Type
1 Data Collection and Review $6,100 Not to exceed
2 Project Trip Generation and Distribution $4,960 Not to exceed 3 Dunes Baseline Conditions Analysis $14,630 Not to exceed 4 Cumulative Plus Project Conditions Analysis $14,630 Not to exceed 5 Transportation Mitigations and Recommendations $12,500 Not to exceed 6 Technical Report $10,460 Not to exceed
7 Coordination Meetings & Presentations $8,340 Not to exceed Kimley-Horn Labor Fee $71,620
Subconsultant – Cut Through Traffic Counts $13,200 Not to exceed Total Fee $84,820

In addition to the labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project will be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client. Fees and expenses will be invoiced monthly based on the percentage of services performed as of the invoice date. Payment will be due within 30 days of the date of the invoice.

Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

Closure

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.

Frederik Venter P.E. Derek Wu P.E.
#C64621 #C81401
Senior Associate Project Manager
10 Dunes and 2nd Avenue Traffic Study Update

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City of Marina

By:

______________________________________________________
(Signature)

______________________________________________________
(Name and Title)

______________________________________________________
(Date)

______________________________________________________
(Email Address)

Attest:

______________________________________________________
(Signature)

______________________________________________________
(Name and Title)

______________________________________________________
(Client’s Federal Tax ID)

______________________________________________________
(Client’s Business License No.)

______________________________________________________

(Client’s Street Address)

11 May 27, 2025 Item No. 10f(6)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 20 25-,

APPROVING CLARIFICATION ON THE ADOPTED FEE SCHEDULE

FOR SIDEWALK REPLACEMENT

RECOMMENDATION: It is requested that the City Council consider:

1. Adopting Resolution No. 2025-, approving a clarification on the adopted fee schedule for sidewalk replacement

BACKGROUND:

At the regular meeting of July 2, 2024, the City Council adopted Resolution N0. 2024-86, receiving the Fee Study Update and adopting the new Master Fee Schedule with an implementation date of September 1, 2024. Included in the fee schedule is Fee Reference S-062 “Sidewalk Inspection”. (EXHIBIT A)

ANALYSIS:

The scope of services for “Sidewalk Inspection” is intended for the installation of new sidewalk including grading, forming, and final finish concrete work. The fee is not intended for the repair of sidewalk due to compliance with City Ordinance Section 8.70.050(c) regarding replacement due to wear and tear and in response to California State Streets and Highways Code Section 5610 which requires the property owner to be responsible for the maintenance and repair of sidewalks in front of their property.

Staff proposes to include in the “Description of Service” for S -062 that the cost recovery for replacement of sidewalks due to wear and tear will be “zero”, with no charge to the property owner.

The property owner is still required to secure the needed sidewalk repair permit prior to beginning the sidewalk repair work.

FISCAL IMPACT:

The impact to the General Fund is anticipated to be less than $2,000.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_______________________________
Layne P. Long
City Manager
City of Marina

1 RESOLUTION NO. 2025-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA

APPROVING A CLARIFICATION ON THE ADOPTED FEE SCHEDULE

FOR SIDEWALK REPLACEMENT

WHEREAS, at the regular meeting of July 2, 2024, the City Council adopted Resolution N0. 2024- 86, receiving the Fee Study Update and adopting the new Master Fee Schedule with an implementation date of September 1, 2024. Included in the fee schedule is Fee Reference S -062 “Sidewalk Inspection”. (Exhibit A), and;

WHEREAS, the scope of services for “Sidewalk Inspection” is intended for the installation of new sidewalk including grading, forming, and final finish concrete work. The fee is not intended for the repair of sidewalk due to compliance with City Ordinance S ection 8.70.050(c) regarding replacement due to wear and tear and in response to California State Streets and Highways Code Section 5610 which requires the property owner to be responsible for the maintenance and repair of sidewalks in front of their property, and;

WHEREAS, staff proposes to include in the “Description of Service” for S -062 that the cost recovery for replacement of sidewalks due to wear and tear will be “zero”, with no charge to the property owner, and;

WHEREAS, the property owner is still required to secure the needed sidewalk repair permit prior to beginning the sidewalk repair work. The impact to the General Fund is anticipated to be less than $2,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby approve a clarification on the adopted fee schedule for sidewalk replacement.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

2 EXHIBIT A
3 May 29, 2025 Item No. 10f(7)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 25-,

ACKNOWLEDGING THE PUBLIC HEARING NOTICE AND RATIFYING
THE SETTING OF A PUBLIC HEARING FOR JULY 1, 202 5, ON THE

PROPOSED INTENTION TO ADOPT AN IMPACT FEE NEXUS STUDY AND AMEND CHAPTER 3.26 OF THE MARINA MUNICIPAL CODE REGARDING

MITIGATION FEES FOR NEW DEVELOPMENT WITHIN THE CITY OF
MARINA
REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 20 25-, acknowledging the public hearing notice and ratifying the setting of a public hearing for July 1, 2025, on the proposed intention to adopt an impact fee nexus study and amend Chapter 3.26 of the Marina Municipal Code regarding mitigation fees for new development within the City of Marina.

BACKGROUND:

The Mitigation Fee Act, Section 66000 et seq. of the California Government Code , and the Marina Municipal Code Chapter 3.26 Mitigation Fees for New Development , provide a mechanism whereby the City may impose and charge mitigation fees as a condition of ap proval for development projects. The se mitigation or public facility impact fees (PFIF) may only be u sed to offset the cost of certain infrastructure attributable to development.

In 2007, the City contracted with Kimley Horn to conduct a Development Impact Fee Study.

Following this study, the Council adopted public facility impact fees. In 2011, and subsequently in 2016, the Development Impact Fee Study was updated and the City Council adopted updated public facility impact fees.

ANALYSIS:

The City is in the process of working with a consulting team to provide a n update to the prior impact fee studies through a new Development Impact Fee Nexus Study (Study) to be adopted by the City Council. This new study will update all five (5) City public facilities impact fee programs:
• Public building facilities
• Public safety facilities
• Roadways
• Intersections
• Parks
The purpose of the Study is to re -evaluate and update the fees developed f rom the 20 16 study; incorporate projects from the City’s Capital Improvement Program (CIP) , and recommend additional projects. In establishing impact fees , it is important to remember that a nexus must be established between the fee and the development impact. A fee cannot be more than the cost of the public facility needed to accommodate the new development, and the fee revenues can only be u sed for their intended purpose.
1 Public Facilities Impact Fees are based on future infrastructure needs that are generated by new development projects. These future projects are included in the current General Plan boundary of the City.

Chapter 3.26.070 of the Marina Municipal Code requires the adoption or increase of fees by ordinance, and in accordance with Government Code Section 66016 . These fees can only become effective sixty (60) days following the adoption of the ordinance.

In accordance with Government Code 66016.5(a)(7) the City has provided notice of intent to adopt an impact fee nexus study and to amend Chapter 3.26 of the Marina Municipal Code regarding mitigation fees within the City of Marina by publishing such notice on its website as well as with this item on May 30, 2025 . This item serves to acknowledge that notice and ratify the setting of a public hearing on July 1, 2025 to adopt the Study as well as to take certain actions on that date to update the City’s Public Facility Impact Fees.

The following schedule of regular City Council meetings will satisfy the requirements of Chapter

3.26.070 in updating the fee schedule and ordinance:

• May 30, 2025 – Publication of notice on the City’s website regarding City’s intent to adopt an impact fee nexus study and to amend Chapter 3.26 of the Marina Municipal Code, and proposed adoption of Resolution 2025 -XX acknowledging such notice . This resolution and report were published to the City website on May 30, 2025, with the June 3, 2025 City Council agenda packet.
• Ten days prior to the July 1, 2025 Council Meeting - A public notice will be placed in a local newspaper twice regarding the public hearing date and intent to amend the mitigation fees at such Council Meeting date. A copy of the fee study will also be placed on the City’s website and will be made available at City Hall.
• July 1, 2025 – A presentation of the updated Development Impact Fee Nexus Study will be provided at the regular City Council Meeting on July 1, 2025 . As part of the same agenda item, a public hearing will be held regarding the adoption of the Study , along with the hearing and first reading of an ordinance to adopt the updated mitigation fees. • August 6, 2025 – A second reading of the ordinance will be made , along with adoption of the ordinance. The new fees would then become effective sixty (60) days after adoption.

FISCAL IMPACT:

Adoption of the proposed development impact fees will provide revenue to fund the development driven public facility projects.

CONCLUSION:

This request is submitted for City Council’s approval.

Respectfully submitted,

____________________________
Tori Hannah
Finance Department
City of Marina

REVIEWED/CONCUR:

____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA ACKNOWLEDGING THE

PUBLIC HEARING NOTICE AND RATIFYING THE SETTING OF A PUBLIC HEARING FOR JULY 1, 2025, ON THE PROPOSED INTENTION TO ADOPT AN IMPACT FEE NEXUS STUDY AND TO AMEND CHAPTER 3.26 OF THE MARINA MUNICIPAL CODE

REGARDING MITIGATION FEES FOR NEW DEVELOPMENT WITHIN THE CITY OF MARINA

WHEREAS, at the regular meeting s of May 17, 2016, and July 6, 2016 , the City Council held public meetings to receive any public comments regarding the proposed update to the City’s Public Facilities Impact Fee (PFIF) Study, and;

WHEREAS, at the regular City Council meeting of July 19, 2016, the City Council passed and adopted Ordinance No. 2016 -04, amending Chapter 3.26 of the Marina Municipal Code updating developer impact mitigation fees for new development; and

WHEREAS, Government Code Section 66016.5 requires that mitigation fee s tudies be updated at least every eight years, from the period beginning on January 1, 2022; and

WHEREAS, the City has retained a consulting team to prepare a Development Impact Fee Study to re- evaluate and update the fees developed from the 2016 study, incorporate projects from the City’s adopted Capital Improvement Program (CIP), and incorporate additional recommended projects; and

WHEREAS, a public notice is required 30 days prior to a public hearing to adopt an impact fee nexus study to amend Chapter 3.26 of the Marina Municipal Code to update the City’s impact fees which serve to mitigate for new development; and

WHEREAS, the notice of public hearing for July 1, 2025 was published on May 30, 2025; and

WHEREAS, this resolution and agenda report which acknowledges such notice were published to the City website on May 30, 2025 with the June 3, 2025 City Council agenda packet.

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

1. Resolution 2025-XX acknowledges publication of notice on May 30, 2025 of the setting of a public hearing at a regular City Council Meeting on July 1 , 2025, on the proposed intention to adopt a Development Impact Fee Nexus Study to amend Chapter 3.26 of the Marina Municipal Code regarding mitigation fees for new development within the City of Marina.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor
ATTEST:

________________________________
Anita Sharp, Deputy City Clerk
3 May 27, 2025 Item No. 10g(1)

Honorable Mayor and Members City Council Meeting of the Marina City Council of June 3, 2025

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,
APPROVING AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN
CITY OF MARINA AND KIMLEY-HORN AND ASSOCIATES, INC. OF

SALINAS, CALIFORNIA, TO PROVIDE ENGINEERING SERVICES

FOR THE PROPOSED WIDENING OF IMJIN PARKWAY BETWEEN

RESERVATION ROAD AND IMJIN ROAD, AUTHORIZE THE

FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING

AND BUDGETARY ENTRIES, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 25-, approving Amendment No. 3 to the agreement between City of Marina and Kimley-Horn and Associates, Inc. of Salinas, California, to provide engineering services to complete the plans for widening of Imjin Parkway between Reservation Road and Imjin Road;

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

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

BACKGROUND:

At the regular meeting of October 4, 2016, the City Council adopted Resolution No. 2016 -142, Approving agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California, to provide engineering services for the widening of Imjin Parkway in the amount of $2,173,520.

At the regular meeting of February 5, 2019, the City Council adopted Resolution No. 2019 -14, approving Amendment No. 1 to the agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California in the amount of $150,312.95 for a total amended contract amount of $2,323,832.95 . This amendment included expansion for environmental, geotechnical and landscaping design.

At the regular meeting of November 5, 2019, the City Council adopted Resolution No. 2019-115, approving Amendment No. 2 to the agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California in the amoun t of $179,052 for a total amended contract amount of $2,502,884.95. This amendment included additional engineering and environmental work.

At the regular meeting of October 20, 2020, the City Council adopted Resolution No. 2020 -137, approving a new agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California in the amoun t of $254,056.00. This amendment included additional engineering and environmental work.
1 At the regular meeting of December 14, 2021, the City Council adopted Resolution No. 2021 - 136, approving Amendment No. 1 to the agreement for bid and construction design support services in the amount of $421,259.00.

At the regular meeting of April 2, 2024, the City Council adopted Resolution No. 2024 -30, approving Amendment No. 2 to the agreement for bid and construction design support services in the amount of $ 155,245.00.

ANALYSIS:

The original scope of work for the contract included engineering design support to accomplish environmental and right -of-way clearance as well as bid support during the project’s bid advertisement period. Since the execution of the last amendment to the contract, the project design has undertaken various design changes per the environmental approval process as well as the relocation of existing utilities that were discovered during the major grading operations of the project. The cost of revising the project plans to accommodate these variables has depleted the amendment budget and will require additional funds to complete the project.

Staff has reviewed the scope of services and has concluded the need for design support for construction to complete the project effectively. These services include revised landscaping and irrigation design, utility relocation , and other design services to support the Project’s environmental clearance conditions and address construction progress needs. Baring extenuating circumstances, staff considers this amendment to be the final change for this contract.

FISCAL IMPACT:

Should the City Council approve this request, adequate funding is available for the Kimley Horn design support services not to exceed $158,896 in the Capital Improvement Program project account R46B (#401) Imjin Widening Project. Funding for the project includes $20.25 Million in SB1 State Grant funds, $18.25M in Regional Measure X funds, and $2M in Development Impact Fee funds.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Engineering Division
Public Works Department

REVIEWED/CONCUR:

____________________________
Ismael Hernandez
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA
APPROVING AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN
CITY OF MARINA AND KIMLEY-HORN AND ASSOCIATES, INC. OF

SALINAS, CALIFORNIA, TO PROVIDE ENGINEERING SERVICES FOR

THE PROPOSED WIDENING OF IMJIN PARKWAY BETWEEN

RESERVATION ROAD AND IMJIN ROAD, AUTHORIZE THE FINANCE

DIRECTOR TO MAKE THE NECESSARY ACCOUNTING AND

BUDGETARY ENTRIES, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE THE AMENDMENT ON BEHALF OF THE CITY SUBJECT

TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of October 4, 2016, the City Council adopted Resolution No. 2016-142, Approving agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California, to provide engineering services for the widening of Imjin Parkway in the amount of $2,173,520, and;

WHEREAS, at the regular meeting of February 5, 2019, the City Council adopted Resolution No. 2019 -14, approving Amendment No. 1 to the agreement between City of Marina and Kimley-Horn and Associates, Inc. of Salinas, California in the amount of $150,312.95 for a total amended contract amount of $2,323,832.95 . This amendment included expansion for environmental, geotechnical and landscaping design, and;

WHEREAS, at the regular meeting of November 5, 2019, the City Council adopted Resolution No. 2019 -115, approving Amendment No. 2 to the agreement between City of Marina and Kimley-Horn and Associates, Inc. of Salinas, California in the amoun t of $179,052 for a total amended contract amount of $2,502,884.95. This amendment included additional engineering and environmental work, and;

WHEREAS, at the regular meeting of October 20, 2020, the City Council adopted Resolution No. 2020 -137, approving a new agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California in the amoun t of $254,056.00. This amendment included additional engineering and environmental work, and;

WHEREAS, at the regular meeting of December 14, 2021, the City Council adopted Resolution No. 2021-136, approving Amendment No. 1 to the agreement for bid and construction design support services in the amount of $421,259.00, and;

WHEREAS, at the regular meeting of April 2, 2024, the City Council adopted Resolution No. 2024-30, approving Amendment No. 2 to the agreement for bid and construction design support services in the amount of $ 155,245.00, and;

WHEREAS, the original scope of work for the contract included engineering design support to accomplish environmental and right-of-way clearance as well as bid support during the project’s bid advertisement period. Since the execution of the last amendment to the contract, the project design has undertaken various design changes per the environmental approval process as well as the relocation of existing utilities that were discovered during the major grading operations of the project. The cost of revising the project plans to accommodate these variables has depleted the amendment budget and will require additional funds to complete the project, and;

3 Resolution No. 2025-
Page Two

WHEREAS, staff has reviewed the scope of services and has concluded the need for design support for construction to complete the project effectively. These services include revised landscaping and irrigation design, utility relocation, and other design services to support the Project’s environmental clearance conditions and address construction progress needs . Baring extenuating circumstances, staff considers this amendment to be the final change for this contract, and;

WHEREAS, should the City Council approve this request, adequate funding is available for the Kimley Horn design support services not to exceed $158,896 in the Capital Improvement Program project account R46B (#401) Imjin Widening Project. Funding for the project includes $20.25 Million in SB1 State Grant funds, $18.25M in Regional Measure X funds, and $2M in Development Impact Fee funds.

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

1. Approve Amendment No. 3 to the agreement between City of Marina and Kimley -Horn and Associates, Inc. of Salinas, California, to provide engineering services to complete the plans for widening of Imjin Parkway between Reservation Road and Imjin Road;

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

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 3rd day of June 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:
__________________________________
Anita Sharp, Deputy City Clerk
4 EXHIBIT A
To Staff Report

THIRD AMENDMENT TO AGREEMENT

FOR ENGINEERING SERVICES FOR THE

IMJIN PARKWAY WIDENING PROJECT
THIS THIRD AMENDMENT (“Third Amendment”) to the Agreement for Engineering Services for the Imjin Parkway Widening Project is made this _____ day of _____________, by and between the CITY OF MARINA, a municipal corporation (“CITY”) and KIMLEY- HORN AND ASSOCIATES, INC., a North Carolina corporation (“CONSULTANT”) registered to do business in California. CITY and CONSULTANT are sometimes referred to herein collectively as the “Parties.”
Recitals
A. On December 14, 2020, CITY and CONSULTANT entered into the Agreement for Engineering Services for the Imjin Parkway Widening Project (the “Agreement”) for CONSULTANT to prepare topographic survey and preliminary engineering to acquire the necessary NEPA and CEQA approvals, and to provide the CITY with accurate design plans, specifications and cost estimates; and to perform professional and environmental services necessary to prepare all environmental documents, permit applications packages ,
r
ight of way maps showing rights of way take, and temporary construction easements, p
roject reports, plans specifications, and estimates in the amount of $254,056.00.

B
. On January 4, 2022, CITY and CONSULTANT entered into Amendment No. 1 of the Agreement (“Amendment No. 1”) for CONSULTANT to prepare bid support documents, e
nvironmental clearance design support, and construction design revisions as needed in the amount of $421,259.00.

C
. On June 10, 2024, CITY and CONSULTANT entered into Amendment No. 2 of the Agreement (“Amendment No. 2”) for CONSULTANT to prepare bid support documents, e
nvironmental clearance design support, and construction design revisions as needed in the amount of $155,245.00.

D
. The Agreement provides it may only be amended or modified by written agreement of the Parties. Both Parties now desire to amend the Agreement to include additional services to be performed by CONSULTANT and additional compensation in the amount of $158,896.00 to be furnished by the CITY
.

E. Th
e CONSULTANT has prepared a document entitled “Scope and Compensation” with terms for the proposed Third Amendment of the Agreement (attached as “Exhibit B3” to this Third Amendment incorporated herein by reference).

F. Only the numbered Articles of the Agreement which are being amended are set forth in this Third Amendment
.
5 2

Terms & Conditions Amended

Now, therefore, the Parties agree to amend the Agreement as follows:

1. Exhibit “B3” to the Third Amendment is incorporated into the Agreement.

2. Section 2 “Term of Agreement & Commencement of Work” section (a) is amended to read in its entirety:

“(a) Unless otherwise provided, the term of this Agreement began on September 1, 2020 and shall expire on June 30, 2027, 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 board, officer or employee authorized to give such approval, and;

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

(iii) This Agreement has been signed on behalf of 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.”

3. Section 3 “Compensation” section (a) is amended to read in its entirety:

“(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 an amount not to exceed Nine Hundred Eighty- Nine Thousand Four Hundred Fifty-Six Dollars ($989,456.00) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B, Exhibit B1, Exhibit B2 & B3 and incorporated herein by this reference.”

All other terms and conditions of the Agreement shall remain in full force and effect.

This Third Amendment is executed in two (2) duplicate originals, each of which is deemed to be an original. This Third Amendment consists of three (3) pages.

(Attestation & Approval follow)

6 3

IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment to Agreement for Agreement for Consulting Services for Engineering Services for the Imjin Parkway Widening Project on the date and year first written above.

CITY OF MARINA KIMLEY-HORN AND ASSOCIATES,
INC. a North Carolina corporation

By: _________________________ By: _________________________ Layne Long Name:

City Manager Its:

Date: _________________ 2025 Date: _________________ 2024

ATTEST: Per Resolution 2025-

By: _________________________
Deputy City Clerk

APPROVED AS TO FORM:

By: _________________________
City Attorney
7 EXHIBIT B3

SCOPE AND COMPENSATION

Scope of Services
Task 1 – Additional Design Support During Construction (DSDC) The Kimley-Horn team will continue to coordinate with and provide support to the City during construction. We assume this task to occur over 18 months. We anticipate participating in weekly construction meetings with the City, construction manager (CM), and contractor (collectively the PDT) for the duration of the project.

Our landscape architecture subconsultant, Merrill Morris Partners (MMP), will provide additional support through creating additional planting and irrigation plan set revisions, as required by the actual tree removals during construction and differing field conditions. The additional trees removed will require additional trees, and associated irrigation system modifications, to be included in the project construction documents. Coordination with CDFW, MCWD, and the PDT are assumed to consist of email and telephone correspondence in support of the revised planting and irrigation plans. Up to three (3) revisions are included in this scope of services. If additional revisions are requested, additional scope and fee may be required.

Due to the unanticipated additional utility design, additional landscaping and irrigation redesign, and continuing general construction support activities, additional design support budget is requested.

Limitation of Responsibilities. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor.

Schedule
This proposal assumes our services will continue through the end of construction, anticipated to be mid to late-2026 (approximately 18 months).

Compensation, Fees and Expenses:

Kimley-Horn will perform the services in Task 1 on a labor fee plus expense basis with the additional maximum labor fee shown below.

Additional Kimley-Horn Design Support During Construction $120,036 Escalation (KH Labor) $ 7,202
Landscape Architecture Subconsultant (MMP) $ 30,150 Subconsultant Markup (5%) $ 1,508

Maximum Fee (Not to Exceed) $158,896
8 Project Manager
Daniel Carley Sr. Tech. Advisor Sr. Professional II Sr. Professional II Professional Analyst Project Support MMP Total Proposal Task HOURLY BILLING RATE $325.00 $341.00 $325.00 $290.00 $253.00 $192.00 $182.00 Total Hours Total Labor Cost

1.0 ADDITIONAL DESIGN SUPPORT DURING CONSTRUCTION 272 40 80 18 410 120,036$ 30,150$ 150,186$ Weekly PDT/Construction Meetings 90 18 108 32,526$ -$ 32,526$ Additional Planting and Irrigation Plans 2 2 650$ 30,150$ 30,800$ Additional Miscellaneous DSDC 180 40 80 300 86,860$ -$ 86,860$ 272 40 80 18 410 $120,036.00 $30,150.00 $150,186.00
Total Other Direct Costs $8,710.16 $8,710.16
Escalation 7,202$ -$ 7,202$
Direct Expenses (hotel, mileage, food, etc.) -$ -$ -$
Subconsultant Markup (5%) 1,508$ -$ 1,508$
TOTAL 128,747$ 30,150$ 158,897$

CITY OF MARINA

IMJIN PARKWAY WIDENING PROJECT
DSDC Amendment No. 3 - COST PROPOSAL
May 2025
9 May 27, 2025 Item No: 10g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

THE CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2025-,

APPROVING TWO NEW CONTRACT S WITH DENISE DUFFY AND

ASSOCIATES TO CONTINUE PROVIDING BIOLOGI CAL

CONSULTING SERVICES TO THE CITY OF MARINA IN SUPPORT OF THE CITY’S INCIDENTAL TAKE PERMIT FOR MONTEREY GILIA

AND OTHER PROTECTED SPECIES AND IN SUPPORT OF THE
CITY’S FORT ORD HABITAT MANAGEMENT COMPLIANCE AND
FIND THESE ACTIONS ARE EXEMPT FROM CEQA.

REQUEST
It is requested that the City Council:

1. Adopt Resolution No. 2025-, approving two new contracts with Denise Duffy and Associates in an amount not to exceed $176,107 for the City’s ITP Project (EXHIBIT A) and $204,170 for the Fort Ord Habitat Management Compliance Project (EXHIBIT B).

2. Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.

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

4. Direct the City Manager to execute the agreements on behalf of the city, subject to final review and approval by the City Attorney.

BACKGROUND
On December 15, 2020, the City Council adopted Resolution No. 2020 -157 approving an Agreement with Denise Duffy & Associates , Inc. (DD&A) to provide biological consulting services to develop a Resource Management Plan ( RMP). The RMP will bring the City to compliance with deed restrictions and federal agency requirements to manage the City’s Habitat Management Plans (HMAs) to mitigate for development on former Fort Ord.

On April 6, 2021, the City Council adopted Resolution No. 2021 -26 approving Amendment No. 1 to the DD&A Agreement, which provided focused botanical surveys within the four habitat management areas to better inform management recommendations from the initial scope of work.

On December 7, 2021, the City Council held an informational and public input session regarding the prioritization of conservation and development areas to inform the mitigation strategy for the City-Wide Incidental Take Permit (ITP) for Monterey gilia. The City Council requested that options be prepared and brought back to the council and public for discussion.

On December 11 and 13 of 2022 , City staff and DD&A held an in -person community workshop presenting the data and various options to the public and held a study session at a special City Council meeting

1 At the City Council meeting on December 17, 2024, DD&A presented an update on the status of the habitat management project, including an updated timeline for completion.

On May 20, 2025 the City Council received a presentation from Erin Harwayne from Denise Duffy and Associates regarding the City’s ongoing efforts to prepare an Incidental Take Permit (ITP) for the Monterey Gilia and to potentially increase the scope of the review to include other protected species and plants .1 After publication of the May 20, 2025 staff report , city staff discovered that the original contract with Denise Duffy and Associates had expired. The details of the technical work being proposed by the consultant can be found in the May 20, 2025 staff report and in the summary of the work orders included as Attachment 1 (Draft ITP Contract) to this report. The request from City staff for the June 3, 2025 City Council meeting is to approve a new contract with Denise Duffy and Associates in an amount not to exceed $176,107.

In addition, the agreement with Denise Duffy and Associates to provide biological consulting services for the Fort Ord Habitat Management Compliance project has expired. The request from City staff for the June 3, 2025 City Council meeting is to approve a new contract in an amount not to exceed $204,170, reinstating the original scope of work included as Attachment 2 (Draft HMP Contract) to this report.

FISCAL IMPACT:

When the Fort Ord Reuse Authority (FORA) closed its doors on June 30, 2020, funding that had been dedicated to habit at conservation planning efforts were divided and transferred to the land use jurisdictions with HMP responsibilities. Fund 223 currently contain s a balance of approximately $1,300,000. This fund balance is sufficient to cover the contract extension and the CDFW ITP application fee, which is anticipated to be $47,102.50

ENVIROMENTAL REVIEW
The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines as there is no reasonable possibility that entering these contracts will impact the environment. No further environmental review is necessary

CONCLUSION
This request is submitted for the City Council consideration and approval.

Respectfully submitted,

_____________________________
Guido Persicone, AICP
Community Development Director
City of Marina

REVIEWED/CONCUR

___________________________
Layne Long
City Manager
City of Marina

1 Burrowing owl (Athene cunicularia), candidate species for listing under CESA Crotch bumble bee (Bombus crotchii, CBB), candidate species for listing under CESA western bumble bee (Bombus occidentalis, WBB), candidate species for listing under CESA seaside bird’s-beak (Cordylanthus rigidus ssp. littoralis), state endangered species 2 RESOLUTION NO. 2025-

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

NEW CONTRACTS WITH DENISE DUFFY AND ASSOCIATES TO CONTINUE

PROVIDING BIOLOGICAL CONSULTING SERVICES TO THE CITY OF MARINA IN SUPPORT OF THE CITY’S INCIDENTAL TAKE PERMIT FOR MONTEREY GILIA AND OTHER PROTECTED SPECIES IN AN AMOUNT NOT TO EXCEED $176,107 AND IN SUPPORT OF THE CITY’S FORT ORD HABITAT MANAGEMENT COMPLIANCE IN AN AMOUNT NOT TO EXCEED $204,170 AND FIND THIS ACTION IS EXEMPT FROM CEQA.

WHEREAS, the U.S. Army’s decision to close and dispose of the Fort Ord military base was considered a major federal action that could affect listed species under the federal Endangered Species Act (ESA). In 1993, the U.S. Fish and Wildlife Service (USFWS) issued a biological opinion in accordance with Section 7 of the ESA requiring that a habitat management plan be developed and implemented to reduce the incidental take of listed species and loss of habitat that supports these species. The Installation-Wide Multispecies Habitat Management Plan for Former Fort Ord (HMP) was prepared to assess impacts on vegetation and wildlife resources, and provide mitigation for their loss associated with the remediation, disposal, and reuse of former Fort Ord; and,

WHEREAS, with the closure of FORA the City is responsible for four Habitat Management Areas (HMAs) including the Salinas River, Airport, Northwest Corner, and Landfill HMAs. In accordance with the requirements described in the Fort Ord HMP and the deed restrictions for the parcels, a Resource Management Plan (RMP) must be prepared and implemented by the City; and,

WHEREAS, on December 15, 2020, the City Council adopted Resolution No. 2020 -157 approving Agreements with Denise Duffy & Associates (DD&A), Inc to provide biological consulting services to develop an RMP and to assist the city in acquiring a city -wide incidental take permit to mitigate for future planned development; and,

WHEREAS, on April 6, 2021, the City Council adopted Resolution No. 2020 -26 approving change orders to each Agreement for additional biological services;

WHEREAS, to facilitate the completion of the projects referenced above, two new contracts are for Denise Duffy & Associates (DD&A); and

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

1. Adopt Resolution No. 202 5- approving two new contracts with Denise Duffy and Associates in an amount not to exceed $176,10 7 for the City’s ITP Project (Exhibit A) and $204,170 for the Fort Ord Habitat Management Compliance Project (Exhibit B); and

2. Find this action is exempt from the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines; and

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

4. Direct the City Manager to execute the agreements on behalf of the city, subject to final review and approval by the City Attorney.

3 Resolution No. 2025-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

______________________________
Bruce C. Delgado, Mayor
ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

4 1

CITY OF MARINA

AGREEMENT FOR BIOLOGICAL CONSULTING SERVICES
TH
IS AGREEMENT is made and entered into on , 20___, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and Denise Duffy & Associates, Inc., a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Reci
tals
A. Ci
ty desires to retain Contractor to:

Prov
ide continuing assistance to the City in acquiring a City-Wide 2081 Incidental Take Permit (ITP) of the California Endangered Species Act (CESA) to mitigate for the future take of Monterey Gilia that may result from planned development, hereinafter referred to as the "Project." B. Cont
ractor represents that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.

C. Ci
ty desires to retain Contractor to provide such services.

Ter
ms and Conditions
For good and v
aluable 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:

EXHIBIT A
5 2

(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), 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.

(d) 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.

(e) 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 outlined in Exhibit “A." 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.

(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on June 30, 2027 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 board, officer or employee authorized to give such approval; and

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

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

(b) Contractor shall commence work on the Project on or by June 1, 2025.

This Agreement may be extended upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

EXHIBIT A
6 3

(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 an amount not to exceed One-Hundred Seventy-Six Thousand One-Hundred Seven dollars ($176,107.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference.

(b) 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)) 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.

(c) 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.

(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.

(e) Expenses not otherwise addressed in the Scope of Services 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)), be charged at cost and reimbursed to Contractor.

(f) There shall be no charge for transportation within Monterey, Santa Cruz and San Benito Counties required for the performance of the services under this Agreement; travel to other locations must be approved in writing and in advance by the City, mileage will be charged at the then current standard rate for business travel as set by the U.S.

Internal Revenue Service for such approved travel.

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.

EXHIBIT A
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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 Layne Long or his designee 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.

(b) Contractor designates Erin Harwayne, AICP 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.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City.

Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. 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. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Erin Harwayne, AICP.

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the 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 payment for administration, completion, presentation, and

EXHIBIT A
8 5

quality of all work performed. If such persons are utilized, they shall be charged at cost.

City reserves the right to employ other contractors in connection with this Project.

(b) If the 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 the Scope of Work, 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.

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, 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 shall have no liability or

EXHIBIT A
9 6

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.

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) During the performance of this Agreement the Contractor and its subcontractors shall comply with the applicable laws of the United States of America, the State of California and the City prohibiting discrimination and harassment. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of gender, gender expression, gender identity, genetic characteristics, sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), mental disability, age, marital status, denial of family and medical care leave and denial of pregnancy disability leave, sexual orientation, military/veteran status and any other characteristics protected by state or federal law. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the provisions of this Section 12(a) in all subcontracts related to this Agreement.

13. Indemnification.

EXHIBIT A
10 7

(a) Other than in the performance of design 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 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 direct proportion to the indemnified party’s proportionate percentage of fault. Within 30 days following Design Professional’s receipt of a properly presented written invoice, Design Professional shall satisfy its indemnification obligations and 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 Des ign 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.

EXHIBIT A
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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 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. Contractor may submit a claim to the City for reasonable defense costs (including attorney’s and expert fees) incurred in providing a defense of any Indemnified Party to the extent such defense costs arise under principals of comparative fault from the Indemnified Party’s active negligence, recklessness or willful misconduct.

(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. Contractor shall furnish the City with original certificates of insurance, executed 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) be endorsed to protect City as an additional insured for commercial general and business auto liability; (2) provide City prior notice of cancellation; 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 herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

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

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

EXHIBIT A
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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 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.

This Agreement shall not constitute, and it is not intended to constitute, either party as an employer, employee, agent, partner or legal representative of the other party for any purpose, or give either party any right to supervise or direct the functions of the other party. Except as specifically provided herein, neither party shall have authority to act for or obligate the other party in any way or to extend any representation on behalf of the other party. Each party agrees to perform under this Agreement solely as an independent contractor and neither party shall have any right, power, or authority, nor shall they represent themselves as having any authority to assume, create, or incur any expense, liability or obligation, express or implied, on behalf of the other party for any purpose. Each party agrees not to permit its employees or agents to do anything that might be construed or interpreted as acts of the other party.

16. Cl
aims 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.

EXHIBIT A
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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.

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 must be in good standing and registered with the California Department of Industrial Relations in accordance with California labor Code section 1725.5 and shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provisions of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.

(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 (Title 5 of the Marina Municipal Code) for which a business license tax is prescribed and assessed at the rate of two-tenths percent of gross receipts, in accordance with the provisions therein. 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.

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.

EXHIBIT A
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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: Erin Harwayne, AICP
Denise Duffy & Associates, Inc.
947 Cass St, Suite 5
Monterey, CA 93940
Fax (831) 373-1417

The parties may agree in writing to receive notice by email. 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 is 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 if such failure shall be due to causes beyond Contractor's or the City's control except that an economic downturn of any type shall not be a justifiable cause for the failure to meet their respective obligations under this Agreement. 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.

25. Attorney's Fees. In the event of any controversy, claim or dispute relating to this Agreement, 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.

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27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement 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 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 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 may be signed in counterparts, each of which shall constitute an original.

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

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34. Entire Agreement. This Agreement 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.

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 DENISE DUFFY & ASSOCIATES, INC.

By: By:

Name: Name: Denise Duffy Its: Its: President Date: _______________________ Date: ___________________

Attest: (Pursuant to Reso: 20 - _____)

By:

City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
17 INSERT EXHIBIT A

Section 1 (a)

- SCOPE OF WORK -

[Include Work Schedule if required.]

A-1

EXHIBIT A
18 INSERT EXHIBIT B

Section 3 (a)

- FEE SCHEDULE -

EXHIBIT A
19 EXHIBIT C - INSURANCE

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)

4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

EXHIBIT A
20 Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City.

Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the City. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

EXHIBIT A
21 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the beginning of the work shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

1848503.1

EXHIBIT A
22 Exhibit “A”
City of Marina
City-Wide Section 2081 ITP
Revised Scope of Work

To: Layne Long, City Manager, City of Marina Date: May 27, 2025 From: Erin Harwayne, AICP, DD&A
Ref: City-Wide Section 2081 ITP

INTRODUCTION

Denise Duffy & Associates, Inc. (DD&A) was contracted with the City of Marina (City) for the above -referenced project, which has expired. DD&A is providing this revised scope of work to establish a new agreement with the City to:

• extend the expiration of the contract,
• correct a clerical error related to the total budget stated in Change Order No. 1 issued April 9, 2021, and • increase the budget to include additional services.

The details of the revised scope of work are provided below.

AMENDMENT REQUEST

Extend Contract
Through efforts in Task 1, it became evident that additional tasks were necessary to adequately complete the work efforts identified in the task, and as a result, Task 1 has taken more time than anticipated. The agreement expired on June 30, 2022. Therefore, this document requests a new expiration date of June 30, 2027.

Correct Budget Total in Change Order No. 1
Change Order No. 1 was issued on April 9, 2021, and authorized DD&A to complete additional surveys for Monterey gilia for a not-to-exceed cost of $10,000. However, the amount of the contracted budget was stated incorrectly in the staff report and the amendment. The approved budget for the contract is $48,944.50 (as approved by City Council on December 15, 2020, and agreement executed on December 18, 2020, per Resolution 2020-157). Change Order No. 1 incorrectly states the approved budget is $28,989 (which was the draft budget prior to Council requesting additional tasks at the December 15, 2020, meeting). Change Order No. 1 should have stated the correct total budget of $58,944.50. Therefore, DD&A is requesting that the difference of $19,956.00 be included in the new agreement to cover the out-of-scope services described below.

EXHIBIT A
23 2

Additional Services

Completed Tasks December 2020 to May 2025
During Task 1 of our scope of work, additional out -of-scope tasks were identified to be necessary and completed utilizing the existing budget. The following is a summary of the approved and out-of-scope tasks:

• Scope: Identify potential future development areas that contain or may contain Monterey gilia, compile data, prepare draft mitigation strategy, three virtual meetings with City and working group o Additional Out-of-Scope Tasks:
 Additional coordination with working group regarding data collection  Additional surveys within Marina Northwest Corner, Cypress Knolls, Preston Park, and Marina Equestrian Center (in addition to the surveys authorized by Change Order No. 1)  Additional meetings (bi-monthly meetings with City for two years, monthly meetings with CDFW and USFWS)

• Scope: Revise draft mitigation strategy incorporating comments from City and working group and resubmit to team for comments (assumes one round of comments)
o Additional Out-of-Scope Tasks:
 Responded to multiple rounds of comments
 Additional meetings with City and working group to discuss revisions

• Scope: Incorporate comments on the revised draft mitigation strategy and prepare draft proposal to present to public at community workshop (virtual) to solicit input . The City and DD&A held a public information meeting soliciting input on the draft mitigation strategy at City Council meeting (December 7, 2021) o Additional Out-of-Scope Tasks:
 In response to Council request, prepared multiple options for the mitigation strategy and presented at community workshop on December 11, 2022, requiring multiple meetings and rounds of comments from City and working group and posterboards and other meeting materials to facilitate in-person meeting
 Held Study Session at a Special City Council meeting to discuss the options on December 13, 2022
 Facilitated a public field meeting in April 2023
 Presented update at City Council in December 2024
 Participated in General Plan 2045 Update meetings and coordinated with City and consultant team

• Scope: Incorporate public comments and submit to CDFW and present at virtual meeting, including two virtual meetings with team and two with CDFW
o Additional Out-of-Scope Tasks:
 Facilitated an in-person resource agency field meeting in December 2024  Facilitated and coordinated 2
nd Avenue/Del Monte Blvd Extension Alternative Alignment Study

EXHIBIT A
24 3

Proposed Revised Scope of Work

Task 1. Mitigation Strategy Proposal

At the field meeting with the resource agencies in December 2024, the resource agencies strongly encouraged the inclusion of additional listed and candidate species due to their known and potential presence on City-owned lands within the former Fort Ord, including the identified Study Sites. In discussions with City staff, it was determined that it would be beneficial to include additional species in the ITP application to avoid having to undergo the ITP process again in the future. Therefore, this task is amended to include the following listed and candidate species in the ITP process, in addition to Monterey gilia (hereafter referred to as “Covered Species”):

• burrowing owl (Athene cunicularia), candidate species for listing under CESA • Crotch bumble bee (Bombus crotchii, CBB), candidate species for listing under CESA • western bumble bee (Bombus occidentalis, WBB), candidate species for listing under CESA • seaside bird’s-beak (Cordylanthus rigidus ssp. littoralis), state endangered species

In addition, this task will include conducting a site assessment in accordance with the “Interim Guidance on Site Assessment and Field Surveys for Determining Presence or a Negative Finding of the California Tiger Salamander” issued by the USFWS and CDFW in October 2003. California tiger salamander (Ambystoma californiense, CTS) is a federal threatened species and state threatened species. If it is determined that CTS has the potential to occur on City-owned lands within the former Fort Ord, the City may be required to obtain a federal and state ITP for impacts to this species. If it is determined a federal and state ITP will be required by the resource agencies, an amendment to the Agreement will be requested for the additional work required to add this species to the state ITP as well as obtain a federal ITP.

DD&A will coordinate with the City to identify and define the proposed projects that may result in take of the Covered Species. Based on the data collected to date and description of the proposed projects, DD&A will calculate the anticipated impacts to the Covered Species that may result from project implementation. As part of the impact assessment, DD&A will coordinate with the City and engineers to reassess the potential impacts to Monterey gilia that may result from a realignment of Del Monte Boulevard/2 nd Avenue Extension. This scope of work assumes that
the alignment will be relocated to minimize impacts to Monterey gilia, as encouraged by the resource agencies.

DD&A will coordinate with the City to prepare a mitigation strategy proposal to present and discuss with the California Department of Fish and Wildlife (CDFW) in order to obtain an ITP in accordance with Section 2081 of the CESA. DD&A will coordinate with local experts in the development of the mitigation strategy. It is important to note that the mitigation strategy for each of the Covered Species may be different, may overlap with other Covered Species, and may involve different options.

First, DD&A will calculate the estimated acreage of impacts to the Covered Species that would be impacted by the proposed projects, identify an appropriate mitigation ratio and strategy, and describe the potential mitigation sites in a brief letter format . This will serve as an administrative draft mitigation strategy. DD&A will submit the administrative draft mitigation strategy to the City and local experts (hereafter “working group”) for review and comment. This scope of work assumes that the focused development areas previously identified during public outreach will continue to be the Airport Business Park Area, Future Cypress Knolls Development Area, and Del Monte Boulevard/2
nd Avenue Extension (realigned). This scope of work assumes two rounds of comments on the administrative draft mitigation strategy and two virtual meetings.

Second, DD&A will incorporate comments from the City and working group, and submit a draft mitigation strategy to the City and working group for review and comment. This scope of work assumes one round of comments on the draft mitigation strategy and one virtual meeting.

EXHIBIT A
25 4

Third, DD&A will then incorporate final comments on the draft mitigation strategy, and prepare a public draft mitigation strategy to present to the public as part of a community workshop with the purpose of soliciting input on the public draft mitigation strategy . DD&A will facilitate the community workshop (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas, meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and working group, as determined necessary, for review and comment prior to the workshop.

Lastly, DD&A will incorporate input from the public and prepare and submit the revised public draft mitigation strategy to the CDFW. The revised public draft mitigation strategy will be presented to CDFW at a virtual meeting for discussion and consideration. DD&A will work closely with the City, working group, and CDFW to respond to information requests and finalize the terms of the mitigation strategy. This task includes an estimated amount of project management time to coordinate with the City, working group, and CDFW.

This task will also include continued coordination related to the potential realignment of Del Monte Boulevard/2 nd
Avenue Extension, FORTAG, and General Plan 2045 Update. DD&A will coordinate with the City and engineers to prepare a draft and final memorandum describing the Del Mont e Boulevard/2 nd Avenue Extension Alignment
Alternative Analysis completed by Kimley-Horn and recommendations from City Council and public, which will be submitted to the CDFW and U.S. Fish and Wildlife (USFWS). DD&A will participate in two virtual meetings with the Transportation Agency for Monterey County (TAMC) regarding potential mitigation opportunities related to the Fort Ord Regional Trail and Greenway Project. This task also includes participation in the General Plan 2045 U pdate process as related to biological resources within the City, zoning and land use designations, and policy development, including four virtual meetings.

In addition to the meetings identified above, this task assumes bi -monthly meetings with the City and monthly meetings with CDFW (as well as the USFWS , as determined appropriate) for the duration of this task, which is assumed to be six months. DD&A will facilitate the meetings (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas, meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and working group, as determined necessary, for review and comment prior to the meetings.

This scope of work assumes that the data collected and available to date for all Covered Species will be sufficient to support the issuance of the ITP.

Deliverable(s): Administrative Draft, Draft, Public Draft, and Revised Public Draft Mitigation Strategy; Draft and Final Del Monte Boulevard/2
nd Avenue Extension Alignment Alternative Analysis Memorandum; Draft and Final Meeting Materials

Task 2. Prepare ITP Application

Based on the terms of the agreed-upon mitigation strategy, DD&A will work closely with the City, working group, and CDFW to prepare and submit a Section 2081 ITP application. The application will include all the required information, including, but not limited to, a description of the extent of take, proposed measures to minimize and fully mitigate the impacts of the proposed take, proposed plan to monitor compliance with the proposed measures, and a description of the funding sources and level of funding available to implement the proposed measures. The CDFW ITP application will require a Mitigation and Monitoring Plan.

DD&A will coordinate with the City and working group in the development of the application and Mitigation and Monitoring Plan. This task assumes three meetings with the City and working group, and DD&A will facilitate the meetings (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas,

EXHIBIT A
26 5

meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and working group, as determined necessary, for review and comment prior to the meetings.

DD&A will incorporate input from the City and working group and prepare and submit an administrative draft application and Mitigation and Monitoring Plan to the City and working group for review and comment. This scope of work assumes two rounds of comments from the City and working group.

DD&A will incorporate comments and prepare a draft application and Mitigation and Monitoring Plan to present to the public as part of a community workshop with the purpose of soliciting input on the documents. DD&A will facilitate the community workshop (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas, meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and working group, as determined necessary, for review and comment prior to the workshop.

DD&A will incorporate input from the public and prepare and submit the final ITP application and Mitigation and Monitoring Plan to the CDFW. The ITP application and Mitigation and Monitoring Plan will be presented to CDFW at a virtual meeting for discussio n. DD&A will work closely with the City, working group, and CDFW to respond to information requests and questions to facilitate permit issuance. This task includes an estimated amount of project management time to coordinate with the City, working group, a nd CDFW. This scope of work assumes that the application will be deemed incomplete twice and supplemental information will be required each time in order to be deemed complete.

Deliverable: Administrative Draft, Draft, and Final CDFW ITP Application, Mitigation Monitoring Plan, and supporting information, as requested; Draft and Final Meeting Materials

Task 3. ITP Conditions

The ITP issued by CDFW will contain various conditions that will likely be required before the proposed take can occur. These requirements include, but are not limited to, acquisition of mitigation land, conservation of mitigation land in the form of deed restrictions or conservation easement, creation of security and endowment funding, execution of any required agreements, Phase 1 Environmental Site Assessment, preliminary title report(s), policy of title insurance, biological report, and final habitat management plan. The extent of these requirements will vary and depend on whether existing information is sufficient. DD&A will coordinate with the City, working group, and CDFW to identify, compile, and submit all requested documents in a timely manner.

This task assumes bi-monthly meetings with the City and bi-monthly meetings with CDFW (as well as the USFWS, as determined appropriate) for the duration of this task, which is assumed to be six months. DD&A will facilitate the meetings (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas, meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and working group, as determined necessary, for review and comment prior to the meetings.

Deliverables: Various/TBD; Draft and Final Meeting Materials

EXHIBIT A
27 6

Task 4. City Council Meetings

In addition to the City Council meetings identified in Tasks 1-3, DD&A will participate in two additional City Council meetings (assumed to be virtual) to provide updates and input on the permit process. DD&A will coordinate with the City to provide all necessary meeting materials, including, but not limited to, staff reports and PowerPoint presentations. DD&A will submit drafts of all requested meeting materials to the City for review and comment prior to the meetings.

Deliverables: Draft and Final Meeting Materials

Budget

DD&A has exhausted the existing budget by completing the tasks identified above (please refer to Completed Tasks December 2020 to May 2025 ). In addition, due to the error in Change Order No. 1, DD&A is requesting that the difference of $19,956.00 be included in the new agreement to cover the out -of-scope services described above.

DD&A is also requesting additional funds to complete the ITP process and include the additional services described herein.

DD&A will invoice on a time-and-material basis, with an initial not-to-exceed (NTE) amount of $176,107.00 as shown in the attached spreadsheet. The attached budget does not include the application fee. It is assumed the City will be required to pay the maximum total fee due to the cost of the projects and complexity of the ITP, which is $47,012.50.

Schedule

It is anticipated that the scope of work identified above will be completed by June 30, 2027.

5/ 27/2025
Submitted by: ______________________________________________ DD&A Principal Date

Accepted by: ______________________________________________ City of Marina Date

EXHIBIT A
28 Task
Principal
Senior Project
Manager
Senior
Planner/Scientist
Assoc
Planner/Scientist
Asst
Planner/Scientist
GIS/Computer
Specialist
Admin/Editing
Hours
Per Task Expenses Admin
Fee
Cost Per
Task
Out-of-Scope Services 19,956
1 Mitigation Strategy Proposal 8 60 80 100 140 60 18 466 10 2$ 71,212 2 Prepare ITP Application 4 40 80 60 48 32 10 274 10 2$ 44,020 3 ITP Conditions 8 20 40 60 24 12 8 172 10 2$ 27,580 4 City Council Meetings 8 20 10 10 8 8 20 84 -$ 13,340 Total Hours 28 140 210 230 220 112 56 996 Hourly Rate $278.00 $202.00 $185.00 $141.00 $127.00 $145.00 $82.00 Total Labor 7,784$ 28,280$ 38,850$ 32,430$ 27,940$ 16,240$ 4,592$ 176,107 Total Budget 176,107
DD&A Cost Estimate - City-Wide Section 2081 ITP Revised Scope of Work EXHIBIT "B"

EXHIBIT A
29 1

CITY OF MARINA

Reci
tals
A. Ci
ty desires to retain Contractor to:

Prov
ide continuing biological consulting services to develop a Resource Management Plan (RMP) for Fort Ord HMP compliance hereinafter referred to as the "Project."
B. Cont
ractor represents that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.

C. Ci
ty desires to retain Contractor to provide such services.

Ter
ms and Conditions
For 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) Con
tractor 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. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) Con
tractor 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. (c
) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person

EXHIBIT B
30 2

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.

2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on shall begin on the date of its full execution and shall expire on June 30, 2027 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 board, officer or employee authorized to give such approval; and

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

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

(b) Contractor shall commence work on the Project on or by June 1, 2025.

3. Compensation.

EXHIBIT B
31 3

exceed Two-Hundred Four Thousand One-Hundred-Seventy dollars ($204,170.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference.

Internal Revenue Service for such approved travel.

4. Termination or Suspension.

(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

EXHIBIT B
32 4

failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

5. Project Administrator, Project Manager & Key Personnel.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City.

6. Delegation of Work.

City reserves the right to employ other contractors in connection with this Project.

EXHIBIT B
33 5

(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.

EXHIBIT B
34 6

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.

Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

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.

13. Indemnification.

EXHIBIT B
35 7

counsel reasonably acceptable to the City) and hold harmless the City, its Council, boards, commissions, employees, officials 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..

(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 direct proportion to the indemnified party’s proportionate percentage of fault. Within 30 days following Design Professional’s receipt of a properly presented written invoice, Design Professional shall satisfy its indemnification obligations and 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.

EXHIBIT B
36 8

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.

(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.

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

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

EXHIBIT B
37 9

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.

EXHIBIT B
38 10

20. Compliance with Laws.

To City: City Manager
City of Marina City Hall

EXHIBIT B
39 11

211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148

To Contractor: Erin Harwayne, AICP
Denise Duffy & Associates, Inc.
947 Cass St, Suite 5
Monterey, CA 93940
Fax (831) 373-1417

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

EXHIBIT B
40 12

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

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

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

EXHIBIT B
41 13

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 DENISE DUFFY & ASSOCIATES, INC.

By: By:

Name: Name: Denise Duffy Its: Its: President

Date: _______________________ Date: ___________________

Attest: (Pursuant to Reso: 20 - _____)

By:

City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT B
42 INSERT EXHIBIT A

Section 1 (a)

- SCOPE OF WORK -

[Include Work Schedule if required.]

A-1

EXHIBIT B
43 INSERT EXHIBIT B

Section 3 (a)

- FEE SCHEDULE -

EXHIBIT B
44 EXHIBIT C - INSURANCE

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

EXHIBIT B
45 Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

EXHIBIT B
46 Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

1848503.1

EXHIBIT B
47 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING
Deni
se Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 Nov
ember 16, 2020
Layne
Long, City Manager
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Subje
ct: Proposal to Provide Biological Consulting Services for Fort Ord HMP Compliance Dear Mr. Long:

Based on discussions with the City of Marina (City), Denise Duffy & Associates, Inc. ( DD&A) is submitting this proposal to provide biological consulting services to facil itate the City’s compliance with the Installation- Wide Multispecies Habitat Management Plan for Former Fort Ord , California (April 1997) (HMP). The U.S. Fish and Wildlife Service (USFWS) has requested that the local jurisdictions initiate the steps necessary to comply with the HMP now that the Fort Ord Habitat Conservation Plan (HCP) and base-wide incidental take permits are no longer proposed. Based on DD&A’s comprehensive understanding of the HMP and extensive knowledge of the biological resources on the former Fort Ord, the enclosed proposal identifies the tasks necessary for the City to comply with the requirements of the HMP.

DD&A is uniquely qualified to provide these services to the City. DD&A has expert knowledge of the biological resources and complex regulatory requirements on the former Fort Ord as a result of completing over a hundred projects over the last 25 years on the former military base. Specifically, DD&A is intimately familiar with the biological resources on the former Fort Ord through our work on the Fort Ord HCP and several other large, pivotal Fort Ord projects, including but not limited to:
• annual surveys and habitat management monitoring for the East Garrison California Tiger Salamander Interim Habitat Management Plan;
• a long-term contract to provide biological support to Kemron Environmental Services, Inc. for the cleanup of the former Fort Ord inland ranges;
• a Draft Oak Woodland Conservation Area Map and a Draft Oak Woodland Area Management and Monitoring Plan for the City of Seaside and Monterey County; • environmental review and planning for the Fort Ord Dunes State Park Campground Project; • annual surveys and mapping of rare plants as part of the Operating Unit- 1 cleanup effort on the Fort Ord Natural Reserve (FONR); and
• environmental compliance, including biological assessment, of the California Central Coast Veterans Cemetery.

EXHIBIT "A"

EXHIBIT B
48 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341

Some additional projects on the former Fort Ord include:
• Fort Ord Recreational Habitat Area Trail Master Plan (Monterey County) • Joby Aviation Manufacturing Facility (Joby Aero, Inc. and City of Marina)

• Del Monte Boulevard Extension (City of Marina)

• Imjin Parkway Improvements Section 2081 Incidental Take Permit (City of Marina)

• Patton Parkway Biological Assessment (City of Marina)

• 12th Street/Imjin Parkway IS/EA (Fort Ord Reuse Authority and Caltrans) • The Dunes of Monterey Bay/ University Villages Specific Plan (City of Marina and Marina Community Partners)
• Marina Heights Specific Plan/Sea H aven Section 2081 Incidental Take Permit (The Chadmar Group and Assemi Group, Inc.)
• South Boundary Road and General Jim Moore Boulevard Intersection (Fort Ord Reuse Authority/City of Del Rey Oaks)
• Water Storage Tanks Design and Improvements Project IS/EA (Marina Coast Water District) • Marina Airport Recycled Water Pipeline EIR/EA (Marina Coast Water District) • Monterey Peninsula Light Rail Project EIR/EA (Transportation Agency for Monterey County and Federal Transit Administration)
• Regional Water Regional Water Augmentation/Recycled Water Project EIR and EA (Marina Coast Water District and U.S. Bureau of Reclamation)
• Del Rey Oaks Resort EIR (City of Del Rey Oaks)
• Seaside Main Gate/The Projects at Main Gate Specific Plan EIR (City of Seaside) • Laguna Seca Ticketing Area IS/EA (Monterey County and U.S. Army Corps of Engineers) • Monterey Downs Specific Plan Biological Resources Study (Monterey Downs, LLC) • Habitat Restoration Plan Site 39 Inland Ranges Former Fort Ord (Shaw Environmental, Inc. and U.S. Army Corps of Engineers)

EXHIBIT B
49 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING
Deni
se Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341 • Whi
spering Oaks Business Park Biological Resources Study (Monterey -Salinas Transit and Monterey County)
• Fort Ord Reuse Plan Reassessment (Fort Ord Reuse Authority) • The First Tee Project EIR (City of Seaside)
• Monterey Bay Regional Water Supply (Desalination) Project and Coastal Water Project EA (Marina Costa Water District, Cal-Am Water, and U.S. Bureau of Reclamation) • North-South Road (General Jim Moore Boulevard) Widening Project IS/EA (Fort Ord Reuse Authority)
• Highway 218 Widening Project IS/EA (Fort Ord Reuse Authority and City of Del Rey Oaks) • CSUMB 2004 and 2007 Master Plan Project and over 25 individual campus projects (California State University Monterey Bay/CSU Board of Trustees)
• 8th Avenue and Inter-Garrison Road Roundabout and 8th Street/7th Avenue/Inter-Garrison Road Realignment Projects (California State University Monterey Bay) • Habitat Restoration Plan Site 39 Inland Ranges (Shaw Environmental, Inc. and U.S. Army Corps of Engineers)
• Monterey Bay Charter School – CSUMB Campus (Monterey Bay Charter School) • CSUMB 2016 Master Plan Update Biological Resources Analysis (Cal ifornia State University Monterey Bay)
• Baseline Aquatic Sampling for Soil Remediation Areas (Shaw Environmental, Inc. and U.S. Army Corps of Engineers)
• Eastside Parkway Biological Study and Preliminary Environmental Analysis (Fort Ord Reuse Authority)
• Seaside Resort (City of Seaside)
• Seaside Highlands Housing Subdivision (City of Seaside) • Pure Water Monterey Groundwater Replenishment Project (Monterey Regional Water Pollution Control Agency and Monterey Peninsula Water Management District)

EXHIBIT B
50 Denise Duffy & Associates, Inc.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. ▪ 947 Cass Street, Suite 5 ▪ Monterey, CA 93940 ▪ (831) 373-4341

DD&A is extremely well-versed in the habitat management requirements for all of the habitat management areas and associated land recipients, as approved by the HMP. As a result of our work on the Fort Ord HCP Impact Analysis, DD&A has compiled an extensive Geographic Information System (GIS) database of natural resources and infrastructure within the former Fort Ord, including, but not limited to, the following:
• Special-status plant and wildlife species occurrences and potential habitat distribution data (including HMP covered species, as well as other species typically considered sensitive under CEQA and NEPA); • Updated habitat mapping, including developed areas and natural communities; and • Existing and proposed roads, trails, fuelbreaks, water facilities, land uses, and zoning.

DD&A’s Natural Resources Division (NRD) consists of Environmental Scientists, Botanists, and Wildlife Biologists, Certified Arborists, and a Certified Drone Pilot with over 70 combined years of experience .

DD&A’s NRD is qualified at all levels of biological resource analysis, including protocol- level wildlife and botanical surveys, habitat assessment and mapping, wetland delineation and assessment, biological impact evaluation, mitigation monitoring compliance, and permit preparation and acquisition. DD&A biologists hold current federal recovery permits for both the California red -legged frog and the California tiger salamander, and state Scientific Collection Permits authorizing handling (capture and release) of all mammals, reptiles, amphibians, and freshwater/terrestrial invertebrates.

As summarized above, DD&A’s staff has the necessary combination of professional skills, hands -on experience, and expert knowledge required to work effectively with the City, regulatory agencies, as well as others involved in this project.

If you have any questions concerning the enclosed information, please do not hesitate to contact me at (831) 915-0604 or [email protected]
. We appreciate this opportunity to continue providing environmental consulting services to the City.

Sincerely,

Erin Harwayne, AICP
Project Manager/Senior Planner
Denise Duffy & Associates, Inc.

EXHIBIT B
51 5

SCOPE OF WORK

TO PROVIDE

BIOLOGICAL CONSULTING SERVICES
FOR

CITY OF MARINA

HABITAT MANAGEMENT PLAN COMPLIANCE

Task 1. Project Initiation
DD&A will initiate the project by coordinating with the City to obtain pertinent project information, including GIS data, parcel deeds, agreements, and other background documentation associated with the project. Project initiation will include the following tasks:
• Review available background information,
• Attend a kick-off meeting with the City to discuss the project approach and finalize the scope of work, • Identify data and documentation needs,
• Confirm format and quantities of deliverables, and
• Establish the project schedule and protocol for communication.

During this task, DD&A will complete a review and assessment of the information already available and identify any outstanding data needs. This task will also include a meeting with USFWS staff to confirm the HMP compliance approach, identify deliverables, obtain project-related information, and establish review timelines.

Deliverable(s): Final Scope and Budget, Draft and Final Schedule, Information Needs Request (if required)1 Task 2. Public Outreach and Early Coordination with Interested Parties Public outreach and early coordination with interested parties will be an important part of the development of the proposed Resource Management Plan (RMP). In coordination with the City and USFWS , DD&A will prepare a mailing/email list of stakeholders and public agencies based on its existing database from previous projects. This contact database will be used and updated, as needed, throughout the duration of the project. It is recommended that a Public Participation Plan be developed to outline a process to solicit public input regarding the proposed RMP . DD&A will prepare a draft plan, which will be clear, concise, and contain a detailed description of milestones. The plan will identify outreach strategies for the key stakeholders, including regulatory agencies, non- governmental organizations, interest groups, recreational users, local municipalities, and the general public. It will outline the public outreach methods that may be considered, including potential meeting types (i.e., site visits/field visits, workshops, small group, one -on-one 2), periodic project updates for
the public, and providing a project website. It will also include outreach methods for low-income and minority

1 This scope of work assumes all meetings will be virtual and all deliverables will be electronically submitted due to the COVID-19 pandemic.
2 Any proposed meeting types will be conducted in compliance with public health and safety guidelines related to COVID- 19 (e.g., virtual and/or small, socially distanced site visits).

EXHIBIT B
52 6
populations, including multi-lingual noticing and translators at public meetings. DD&A will submit a Draft Public Participation Plan to the City and USFWS for review and comment. Upon receipt of comments, DD&A will revise accordingly and finalize the plan. This scope of work assumes one round of comments from the City and USFWS.

In addition, the development of the proposed RMP will require coordination with agencies and stakeholders, which may include but are not limited to, the following:
• California Department of Fish and Wildlife (CDFW)
• Bureau of Land Management (BLM)
• Fort Ord Coordinated Resource Management Planning team (CRMP) • Adjacent property owners
• Keep Fort Ord Wild
• California Native Plant Society
• Transportation Agency for Monterey County (TAMC) (as related to the Fort Ord Regional Trail and Greenway Project)
This scope of work assumes two (2) community workshops, two (2) stakeholder meetings, one (1) Planning Commission presentation, and one (1) City Council presentation.

This scope of work assumes DD&A will facilitate the meetings (assumed to be virtual) and provide all necessary meeting materials, including, but not limited to, agendas, meeting notes, PowerPoint presentations, etc. DD&A will submit drafts of all meeting materials to the City and USFWS , as determined necessary, for review and comment prior to public meeting distribution.

Deliverable(s): Draft and Final Public Participation Plan, Contact Database, Draft and Final Meeting Materials Task 3. Prepare Resource Management Plan
In accordance with the requirements described in the HMP and the deed restrictions for the parcels, DD&A will prepare a Resource Management Plan (RMP) for the City’s Habitat Management Areas (HMAs 3), including
the Salinas River, Airport, Northwest Corner, and Landfill HMAs.

DD&A proposes to prepare one (1) RMP to address the City’s HMP responsibilities for all four HMAs. The RMP will address HMP requirements for habitat management activities within the HMAs. The RMP will include the HMA development allowances, as designated in the HMP and describe any proposed development activities within the HMAs in accordance with the HMP. The preparation of the RMP will include the tasks outlined below.

3 The HMP identifies what type of activities can occur on each parcel at former Fort Ord; parcels are designated as “development,” “habitat reserve,” “habitat corridor,” and “development with reserve areas or development with restrictions.” Development parcels do not have any habitat management requirements, while the remaining categories do have varying habitat management requirements. As a result, the remaining categories are collectively referred to as “Habitat Management Areas” or “HMAs.”

EXHIBIT B
53 7
Task 3.1. Data Collection/Baseline Inventory and Mapping DD&A will utilize our existing database of the resources on the former Fort Ord to the greatest extent feasible to serve as the foundation of the RMP. DD&A will coordinate with the City and surrounding jurisdictions, and conduct research and surveys to update the database, as necessary. During this task, DD&A will perform the following:
• Conduct research utilizing available resources including the CDFW California Natural Diversity Database (CNDDB), CNPS inventories, information from local experts, and other published and unpublished materials, including recent biological studies and environmental documents; • Conduct desktop reviews and reconnaissance-level surveys of the HMAs to assess the environmental conditions of the HMAs and their surroundings; and
• Prepare narratives and provide figures of the following:
o HMP species and habitats, as well as other special -status species and sensitive habitats known, or with the potential to occur within and adjacent to the HMAs o Natural vegetative communities
o Wildlife species and habitat
o Physical conditions including,
 soil erosion, noting the extent and location
 non-native invasive plant species, noting extent and location  natural disturbances, such as fire or significant soil shifts  areas exhibiting potential erosion control issues (along trails and fuelbreaks)  areas with populations of invasive non- native plant species potentially in need of removal, focusing on jubata/pampas grass, iceplant, French broom, (along trails and fuelbreaks)  volunteer trails that should be signed and monitored for trespass and erosion issues  Conditions and locations of existing barriers and signage and identify locations for future installation to restrict access by off-road vehicles and pedestrians  conditions and locations of existing fuelbreaks and access roads.

DD&A will prepare a draft set of baseline narratives and inventory maps to the City for review and comment.

Based on comments from the City, DD&A will finalize the baseline narratives and inventory maps for inclusion in the RMP. This scope of work assumes one round of comments.

This scope of work assumes that existing data will be sufficient for the RMP and that any protocol -level botanical and wildlife surveys, if required, will be conducted during the RMP implementation phase. However, if the USFWS requires any protocol -level surveys (e.g., rare plant surveys, California tiger salamander upland surveys, etc.) prior to RMP approval, DD&A can provide a proposal for the requested services and this scope of work can be amended.

Deliverable(s): Draft and Final Baseline Narratives and Inventory Maps

EXHIBIT B
54 8
Task 3.2. Identify and Define Potential Future Development Projects within HMAs As discussed above, this scope of work assumes the incorporation of potential future development projects within the HMAs, where allowed under the HMP, into the RMP. During this task, DD&A will work with the City to identify and define the potential future projects that may occur within the HMAs. DD&A will prepare a brief project description and figures for each project for inclusion in the RMP. This scope of work assumes one round of comments on the descriptions and figures.

Deliverable(s): Draft and Final Project Descriptions and Figures Task 3.3. Prepare Administrative Draft RMP
DD&A will prepare an Administrative Draft RMP and submit to the City for review and comment. The results from the baseline inventory and descriptions of the potential future development projects will provide the information necessary to develop the RMP. The RMP will include the following:
• baseline inventory
• description of potential future development projects within HMAs • goals and objectives
• habitat management activities, including
o erosion control
o restoration/enhancement
o non-native species control
o prescribed burns/alternative vegetative treatments
o security/patrols
o vehicle access controls
o signage/displays
o trash/debris maintenance
o road/trail maintenance
o fuelbreak construction and maintenance
o preservation
• avoidance and minimization measures, and mitigation measures (if required) • monitoring program
• implementation plan (including two scenarios: entire plan implementation and phased implementation) • adaptive management strategies
Please note that the cost estimate for RMP implementation described in Task 4 will be completed and included as part of the 2
nd Administrative Draft RMP (please see Task 3.4).

EXHIBIT B
55 9
DD&A will submit the Administrative Draft RMP to the City for review and comment. This scope of work assumes one round of comments. This task includes two (2) meetings with the City to discuss the plan and City comments.

Deliverable(s): Administrative Draft RMP
Task 3.4. Prepare 2nd Administrative Draft RMP
Based on comments received from the City, DD&A will revise the RMP and prepare a 2nd Administrative Draft RMP. The 2nd Administrative Draft RMP will include a cost estimate for RMP implementation under the two proposed implementation plan scenarios, as described in Task 4.

DD&A will submit the 2 nd Administrative Draft RMP to USFWS for review and comment. This scope of work assumes one round of comments. This task includes two (2) meetings with the City and USFWS to discuss the plan and USFWS comments.

Deliverable(s): 2nd Administrative Draft RMP
Task 3.5. Prepare Public Draft RMP
Based on comments received from the USFWS, DD&A will prepare a Public Draft RMP to support and facilitate the various public outreach efforts, as defined and determined during Task 2.

Deliverable(s): Public Draft RMP
Task 3.6. Prepare Final RMP and CEQA Determination
Based on comments received from the public, Planning Commission, City Council, and others (as defined during Task 2), DD&A will prepare a Final RMP, in coordination with the City and USFWS staff. The Final RMP will be submitted to the USFWS and the City for approval.

This scope of work assumes that any approval or related actions by the USFWS will not require additional environmental review under the National Environmental Policy Act (NEPA). It is anticipated that the RMP will include habitat management activities consistent with the HMP and, therefore, any potential environmental impacts from implementing the RMP will have been previously analyzed in the NEPA documentation prepared for the closure, disposal, and reuse of the former Fort Ord. In addition, for the purposes of this proposal, it is assumed that the implementation of the RMP will not result in the incidental take of federally listed species, and, therefore, the approval and implementation of the RMP will not required an incidental take permit under Section 10 of the federal Endangered Species Act. If the USFWS determines that incidental take may occur and a permit is required, DD&A can amend this scope of work to include permit acquisition.

Similarly, for the purposes of this proposal, it is assumed that any approval and/or adoption actions by the City will not require additional environmental review under the California Environmental Quality Act (CEQA). It is anticipated that the RMP will include habitat management activities consistent with the HMP and, therefore, any potential environmental impacts from implementing the RMP will have been previously analyzed in the NEPA documentation prepared for the closure, disposal, and reuse of the former Fort Ord. In addition, there are potentially a number of existing CEQA documents prepared for the Base Reuse Plan, City of Marina General Plan, Former Fort Ord Habitat Conservation Plan, and other related projects that have adequately analyzed the potential impacts of the habitat management activities proposed in the RMP. It is assumed that the City will be able to rely on the findings from existing CEQA documents, as well as make findings based on the existing NEPA documentation, to support any approval and/or adoption actions. .

EXHIBIT B
56 10
DD&A will review existing NEPA and CEQA documents to confirm this approach to CEQA compliance for the RMP approval. DD&A will consult with the City and counsel on this approach, and prepare and submit a memorandum to the City documenting the CEQA determination. DD&A will submit a draft memorandum electronically to the City for review and comment. Based on comments received, DD&A will finalize the memorandum and submit to the City. This scope of work assumes one round of comments on the memorandum. This task includes one (1) meeting to collaborate with the City on the CEQA determination.

If it is determined that the approval of the RMP will require additional environmental review, the memorandum will recommend the appropriate level of CEQA review. If requested by the City, DD&A can amend this scope of work to include additional CEQA review.

Deliverable(s): Final Public Draft RMP, Draft and Final CEQA Determination Memorandum Task 3.7. Hearing Attendance
This scope of work assumes that DD&A will atte nd two (2) public hearings (Planning Commission and City Council) and assist with preparing associated materials, including the staff report, CEQA findings, and presentation. DD&A will be available at the hearings to present the project and answer any questions.

Deliverable(s): Assist with Hearing Materials
Task 4. Cost Estimate for RMP Implementation
DD&A will prepare a cost estimate for implementation of the proposed RMP based on the 2 nd Administrative
Draft RMP and will update the estimate as needed through plan development (one cost estimate and two updates). The cost estimate will outline the proposed habitat management activities and assumptions in a Microsoft Excel spreadsheet, which will be an appendix to the RMP. The cost estimate will include costs under two scenarios: implementation of the entire plan and phased implementation of the plan. DD&A will coordinate closely with the City on the assumptions.

Deliverable(s): Cost Estimate, including two updates

EXHIBIT B
57 Task
Principal
Senior Project
Manager
Senior
Planner/Scientist
Assoc
Planner/Scientist
Asst
Planner/Scientist
GIS/Computer
Specialist
Admin/Editing
Hours
Per Task Expenses Admin
Fee
Cost Per
Task
1 Project Initiation 8 2 4 2 16 50 8$ 2,187.50 2 Public Outreach
Contact Database 2 2 4 8 -$ 800.00
Draft and Final PPP 4 6 6 16 2 34 -$ 3,982.00 Public Meetings (6) 4 48 36 48 36 36 208 -$ 24,020.00 3 Prepare Resource Management Plan

3.1 Data Collection/Baseline Inventory and Mapping 24 60 120 120 40 8 372 400 60$ 43,584.00

3.2 Identify and Define Potential Future Projects 10 12 14 28 34 8 106 -$ 11,960.00

3.3 Prepare Administrative Draft RMP 2 28 28 80 120 40 16 314 -$ 35,492.00

3.4 Prepare 2nd Administrative Draft RMP 22 20 20 60 20 14 156 -$ 18,002.00

3.5 Prepare Public Draft RMP 20 14 26 40 16 10 126 -$ 14,742.00

3.6 Prepare Final Public Draf t RMP and CEQA Determination 10 22 14 18 36 14 10 124 -$ 15,902.00

3.7 Hearing Attendance 4 20 10 6 10 6 10 66 -$ 8,830.00 4 Cost Estimate for RMP Implementation 20 32 60 80 28 220 -$ 24,668.00 Total Hours 20 228 196 386 562 210 148 1,750 Hourly Rate $230.00 $173.00 $153.00 $110.00 $99.00 $105.00 $64.00 Total Labor 4,600$ 39,444 $ 29,988 $ 42,460 $ 55,638 $ 22,050 $ 9,472 $ 204,170$ Total Budget 204,170$
DD&A Cost Estimate - City of Marina HMP Compliance
EXHIBIT "B"

EXHIBIT B
58 May 30, 2025 Item No. 10g(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 5-,

RETAINING TRIPEPI SMITH AND ASSOCIATES TO PROVIDE ON -

CALL COMMUNICATIONS , PUBLIC OUTREACH AND PUBLIC

ENGAGEMENT SUPPORT SERVICES

RECOMMENDATION: It is recommended that the City Council consider:

1. Adopt Resolution No. 2025-, approving an agreement with Tripepi Smith and Associates to provide on-call communication support , public outreach, and public engagement support services in an amount not to exceed $175,000

2. Authorizing the City Manager to execute an agreement subject to final review and approval by the City Attorney; and

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

4. Find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ANALYSIS
The City has a current need for professional assistance with public outreach and engagement, strategic marketing, surveys, social media and web content creation, and general communications support. Recently, Tripepi Smith provided services to the City in putting together a Community Engagement Plan that was submitted to the California Coastal Commission.

The services provided by Tripepi Smith will assist in meeting the needs of the community regarding public outreach and engagement with the many ongoing projects in Marina and will assist in meeting the goals and priorities of the City Council to increase communication outreach to the community.

The scope of services include:
• Strategic development, research, surveys, messaging
• Social media management
• Web and social media optimization
• Web hosting and support
• Support for events, presentations, and virtual gatherings • Communications with media, stakeholders, and public
• Digital, print, radio, out-of-home advertising
• Creative services for content creation, event production, graphic design, etc.

Tripepi Smith has serviced over two hundred public, private, and nonprofit organizations in California since 2002 when the firm was established and has a proven track record in the City of Marina.

City staff is recommending approval of an ongoing contract in an amount not to exceed $175,000 with Tripepi Smith and Associates.

1 ENVIROMENTAL REVIEW
Approval of a contrac t is not a projec t subject to the Califor nia Environme ntal Quality Act pursuant to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
There is sufficient fun ding in the budge t for fisca l year 2024/25 f or the mont h of June professional services. The funding for this contract will be incorporated into the proposed budget for fiscal year 2025/26 and 2026/27.

Respectfully submitted
_______________________________
Guido F. Persicone, AICP
Community Development Director
City of Marina
REVIEWED BY:
_______________________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2025-

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

AN AGREEMENT WITH TRIPEPI SMITH AND ASSOCIATES TO PROVE ON-CALL

COMMUNICATIONS, PUBLIC OUTREACH AND PUBLIC ENGAGEMENT SUPPORT

SERVICES

WHEREAS, the City has a current need for professional assistance with public outreach and engagement, strategic marketing, surveys, social media and web content creation, and general communications support; and

WHEREAS, Tripepi Smith and Associates have the qualifications, experience, and personnel necessary to provide the services needed by the City.

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

1. Adopt Resolution No. 2025-, approving an agreement with Tripepi Smith and Associates to provide on-call communication, public outreach, and public engagement support services in an amount not to exceed $175,000

2. Authorizing the City Manager to execute an agreement subject to final review and approval by the City Attorney; and

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

4. Find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 3rd day of June 2025, 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
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CITY OF MARINA

AGREEMENT FOR GENERAL COMMUNICATIONS SERVICES
THIS AGREEMENT is made and entered into on _______ 2025 by and between the "City," Tripepi Smith and Associates, Inc., California Corporation 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 to:

Provide on-call communications support for strategic marketing, public outreach and engagement and any additional general communications support services identified by the City hereinafter referred to as the "Project." B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services 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. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.
(b) 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. (c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), 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.

EXHIBIT A
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2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on ______, 2025 and shall expire on ________, 2027, 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 board, officer or employee authorized to give such approval; and

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

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

(b) Contractor shall commence work on the Project on or by _______ 2025.

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 an amount not to exceed One Hundred Seventy-five Thousand Dollars ($175,000.00) in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit A and incorporated herein by this reference.

EXHIBIT A
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Internal Revenue Service for such approved travel.

4. Termination or Suspension.

EXHIBIT A
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5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator Layne Long 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.

(b) Contractor designates Ryder Todd Smith 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.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City.

6. Delegation of Work.

City reserves its right to employ other contractors in connection with this Project.

EXHIBIT A
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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.

10. Conflict of Interest.

EXHIBIT A
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Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

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.

13. Indemnification.

EXHIBIT A
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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 obliga tion 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 negl igence 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 reduce d 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 miscond uct 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 direct proportion to the indemnified party’s proportionate percentage of fault. Within 30 days following Design Professional’s receipt of a properly presented written invoice Design Profession al shall satisfy its indemnification obligations and reimburse the Indemnified P arty 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. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party unrelated to design professional services does not relieve Contractor from its separate and distinct obliga tion to defend City. 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 secti on. 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.

EXHIBIT A
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(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 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 inde mnification in order to be so defended. Contractor may submit a claim to the City for reasonable defense costs (including attorney’s and expert fees) incurred in providing a defense of any Indemnified Party to the extent such defense costs arise under principals of comparative fault from the Indemnified Party’s active negligence, recklessness or willful misconduct.

(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 “B” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, executed 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) be endorsed to protect City as an additional insured for commercial general and business auto liability; (2) provide City prior notice of cancellation; 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.

(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.

EXHIBIT A
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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.

EXHIBIT A
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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.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.

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

To Contractor: Tripepi Smitj amd Associates, Inc.

Ryder Todd Smith, Co-founder & Presidnet
PO Box 52152

EXHIBIT A
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Irvine, CA 92619

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

29. Severability. Should any portion of this Agreement 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 work days. The captions of the various sections are for

EXHIBIT A
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convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

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

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

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: By:

Name: Name: ___ ____________ Its: Its: ___________________ Date: _______________________ Date: ___________________

Attest: (Pursuant to Reso: 20 - _____)

By:

City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
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INSERT EXHIBIT A

Section 1 (a)

- SCOPE OF WORK -

[Include Work Schedule if required.]

Tripepi Smith operates at the intersection of marketing, technology and public affairs.

We excel in each of these areas, but the true power lies in our ability to seamlessly integrate them. This holistic approach allows us to craft impactful solutions for our clients. Tripepi Smith will be available to the City for the following services, as needed.

Strategy, Marketing,
Communications Creative Services
Strategic development, research,
surveys, messaging
Social media management
Web and social media strategy,
optimization (SEO), metrics
Web hosting and support
Email campaigns
Relations
(media, stakeholders, public, government)
Support and training for events,
presentations and virtual
gatherings
Digital, print, radio,
out-of-home advertising
Staff training
(media, social media, photo, brand
implementation)
Full-service graphic design
for digital, print and outdoor
Brand and logo development
Content creation
(writing, editorial, thought leadership)
Output services
(digital distribution, print management, mail
management)
Illustration and information
graphics
Photography
Videography, broadcasting,
podcasting, drone
Event production, technical
support
Animation and motion graphics
Web design and implementation

EXHIBIT A
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As-Needed Services
Tripepi Smith will apply the following standard hourly rates and related fees for any authorized as-needed (Time & Materials) work. Such work must be clearly authorized in writing before proceeding.
2025-26 Hourly Rates
Standard Reduced Retainer
Principal $380 $315
Director $265 $225
Art/Creative Director $265 $225
Senior Business Analyst $205 $180
Business Analyst $150 $125
Junior Business Analyst $115 $100
Senior Videographer/Animator $205 $175
Senior Photographer $175 $150
Videographer/Photographer $140 $120
Junior Videographer/Photographer $115 $100
Senior Graphic Designer $195 $165
Graphic Designer $140 $120
Junior Graphic Designer $115 $100
Web Developer $210 $185
Junior Web Developer $115 $100
Drone Operator $205 $180
Council Chamber A/V Operator $115 $100

Invoicing & Payment Terms
At Tripepi Smith, we bill on either a Retainer, Fixed Fee or Time & Materials basis, with each billing type following its own payment schedule. Regardless, terms are Net 30 days.
• Fixed Fee work is billed upon defined milestones.
• Time & Materials work is billed in 15-minute increments (i.e. 4.0, 1.25, 6.5 or

0.75 hours) at the end of the month in which work is done. • Retainer work is billed on the 15th of each month.

EXHIBIT A
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Other Cost Information
Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about
Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by 5% or the national CPI index–whichever is higher–each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract.

Retainer Discount
When a client’s retainer exceeds $7,500 per month, they gain access to our reduced retainer rates.

Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the client for any requested travel to complete a requested scope of work. Travel costs may include airfare, lodging, car rentals and gas. Additionally, when client work requires that we be onsite, we will invoice for a resource’s travel time at 50% of the resource’s hourly rate.

Equipment Costs
Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:

Half Day (Under 4 Hours) Full Day (4+ Hours)

Video $450 $650

Drone $550 – Flat Fee

Please note that A/V equipment fees are based on the amount and type of equipment required, with pricing tailored to the specifics of each event.

Music and Video Licensing
Sometimes, the client will want Tripepi Smith to apply music or use stock imagery/video while producing video. In these cases, we will need to apply licensing fees of approximately $100 per song and $200 if we use stock video imagery. This will provide a license for the use of the music and video footage to Tripepi Smith and its clients.

EXHIBIT A
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Service Fees
Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal.

If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions.

Exclusive Access
Tripepi Smith has access to entities that may be relevant to our engagement. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing.

Local Information Network of Knowledge (LINK): www.LocalInfoNetwork.com – A community forum for local government professionals in California to discover and share resources, policies, sample work products, best practices and more.

PublicCEO: www.PublicCEO.com – Digital news about public affairs, reaching over 17,500 California government executives through a daily podcast, job board, video podcast and more.

FlashVote: www.FlashVote.com – Statistically valid surveying that helps leaders make decisions.
• Disclaimer: Tripepi Smith President Ryder Todd Smith is an investor in FlashVote.

Meltwater: www.TripepiSmith.com/Media -Intelligence – An enterprise-class, comprehensive media monitoring solution that is best combined with Tripepi Smith’s analytics team.

EXHIBIT A
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EXHIBIT B - INSURANCE

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

4. Professional Liability (Errors and Omissions): Insurance appropriates to Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

EXHIBIT A
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Primary Coverage
For any claims related to this contract, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

EXHIBIT A
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

EXHIBIT A
22 HIGHLIGHTS OF

REGULAR BOARD MEETING & BOARD RETREAT
May 15, 2025

1. MaryAnn Carbone, Board Chair, called the meeting to order at 10:13 a.m. at Shoreline Church.

2. The Board Approved routine consent items, including minutes of the April 17, 2025 Board meeting and disbursements for the period of April 1-30, 2025 in the amount of $1,466,692.

3. From the CEO report:
• Twenty-seven monetary donations totaled $15,540 for the month of April. • Grant applications submitted:
o Carmel Valley Women’s Club, $1,000
o Central Coast Alliance for Health, $50,000
• Grants received:
o Monterey Peninsula Foundation, $60,000
• Development Team produced the 2024 IMPACT REPORT which will be distributed to donors, JPA members and other supporters this month.
• Donor direct mail package highlighting substance use services will mail in May. • Negotiations for the SHARE Center contract are complete. The indirect cost allowance increased from 10% to 15%, and the total amount of the contract covers our operating expenses. Contract total is just under $3M.
• Behavioral Health contracts for drug and alcohol services and mental health services are expected to be completed in June without issue.
• “Solving Homelessness: A Community Conversation” commemorating the 4th anniversary of Casa de Noche Buena drew about 150 people to MIIS’s Irvine Auditorium to hear sociologist and author Kevin F. Adler speak about the broken systems that contribute to homelessness and the role each of us can play in ending homelessness. The event netted approximately $5,000 and raised our profile among donors and in the community. Additional donations of approximately $,3000 were made to the Casa de Noche Buena Special Purpose Fund at Community Foundation. • The CEO attended the Association of Fundraising Professionals annual conference in Seattle. • The television segment for PBS’s “Empowered with Meg Ryan” was filmed this month featuring CHS to discuss challenges and trends in mental health, substance use, and homelessness in Monterey County.
• The CEO attended a ribbon-cutting ceremony at the Salinas MST transit station for the Health Department’s kickoff of Narcan and fentanyl kiosks stationed county-wide to prevent opioid overdose fatalities. JPA members interested in locating a kiosk in their jurisdiction may contact:

Shiba Sumeshwar,
Monterey County Health Department
1270 Natividad Rd, Salinas, CA 93906
Desk: 831-755-4018 / Cell: 831-975-6208

4. From the COO report:
• The Senior Program Officer position for Mental Health Services remains vacant due to ongoing challenges in identifying qualified candidates. All programs are operating smoothly. • Key construction projects underway include:

Agenda Item: 10j(1)
June 3, 2025
o Genesis House Bathroom Improvement Project –The project is now 100% complete and was completed $62k under budget.
o Safe Passage Facility Improvements Project – Safe Passage is fully operational, outside of 1 bathroom being unusable during construction. This project is approximately 80% complete.
o FSC Seaside Mainline Plumbing Project – This project is 95% complete, and we are finalizing payments and documentation.
• The SHARE center is operating smoothly with current capacity of 91%. • We received a generous donation of a 2023 Tesla Model Y. The vehicle will be used by the Administration Office to support work-related travel for essential business. • The admissions office expansion at Off Main Clinic is now complete. The new space significantly improves the quality of care at OMC, particularly for clients experiencing withdrawal symptoms at the time of admission.
• The COO has been working closely with SUHSD to enhance Wellness Center initiatives and prepare for the upcoming renewal of the Substance Use Prevention Program contracts with them and other districts.

5. The Finance Committee meeting was held prior to the board meeting. The financial dashboard looks very positive year to date.

6. The Board approved the Declaration of “Indefinite Compensation” Resolution which allows the Board to approve retroactive salary increases at a later date.

7. The Board approved the slate of officers for FY 2025-26: Mary Ann Carbone, Chair; Jeremy Hallock, Vice Chair; Annette Yee Steck, Finance Committee Chair.

8. The Board approved the Operating Budget for FY 2025-26, as recommended by the Finance Committee, in the amount of $17.6M.

9. The Board approved personnel policy revisions, job description revisions and a new job description, as recommended by the Personnel Committee.

10. Board Chair MaryAnn Carbone also reminded the board that the CHS Annual Luncheon will be held on Thursday, July 17th at The Marriott Hotel in Monterey. Board members are encouraged to bring others to the luncheon.

11. After a break for lunch, the meeting resumed with the Board Retreat.

12. Management Team’s SWOT analysis was reviewed, and Board gave input.

13. Progress on FY 2024-25 Strategic Plan goals was reviewed, and Board gave input.

14. A draft Strategic Plan for FY 2025-26 and 2026-27 was reviewed. There was Board discussion and input was given.

15. A final Strategic Plan will be brought to the Board for approval in June or July.

The next regular board meeting is scheduled for Thursday, June 26th from 11:00 a.m. to 1:00 p.m. at the Sand City City Hall, Sand City, CA.

ORDINANCE NO. 2025-06

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA, RENEWING ORDINANCE NO. 2022 -02, CHAPTER 9.26 OF THE MARINA MUNICIPAL CODE

REGARDING ESTABLISHMENT OF A MILITARY EQUIPMENT POLICY FOR THE

MARINA POLICE DEPARTMENT
WHEREAS, on September 30, 2021, Governor Gavin Newsome signed into law Assembly Bill 481 (“AB 481”), adding Chapter 12.8, “Funding, Acquisition and Use of Military Equipment,” to Division 7 of Title 1 of the Government Code (sections 7070-7075), relating to the use of military equipment by California law enforcement agencies; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired. Or used; and
WHEREAS, the Marina Police Department is in possession of certain items of equipment that qualify as “military equipment’ under AB 481 and further intends to acquire other items of military equipment; and
WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training oversight, and complaint process, applicable to the Department’s use of such equipment; and WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, the proposed Military Equipment Use Policy, Marina Police Department Policy 707, will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, the Marina Police Department has submitted the proposed Policy to the City Council and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue; and WHEREAS, the Policy satisfied the requirements of Government Code Section 7070(d); and WHEREAS, the City Council recognizes that there is a need to enact the restrictions contained in this Ordinance to protect the public health, safety, and welfare; and Agenda Item: 10L(1)
June 3, 2025
1 Ordinance No. 2025-06
Page Two

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

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

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

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

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

Section 4. Any provision of the Marina Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the Ordinance shall be posted within fifteen (15) days after the adoption.

THE FOREGOING ORDINANCE was introduced following a public hearing held at a regular meeting of the City Council of the City of Marina on May 20, 2025 and will come for adoption as an Ordinance of the City of Marina at a regular meeting of the Council to be held on June 3, 2025.

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________
Anita Sharp, Deputy City Clerk

2 EXHIBIT A
3 4

5 EXHIBIT B
6 Chapter: 9.26
“Military Equipment” Use Ordnance

Sections:

9.26.010 Name of Ordinance

9.26.020 Purpose.

9.26.030 Definitions.

9.26.040 Military Equipment Use Policy Requirement

9.26.050 Use In Exigent Circumstances

9.26.060 Reports on the Use of Military Equipment.

9.26.070 Severability

9.26.010 Name of Ordinance.

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

9.26.020 Purpose.

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

9.26.030 Definitions.

A. “Military equipment” means the following:

(1) Unmanned, remotely piloted, powered aerial or ground vehicles.

(2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.26.040 Military Equipment Use Policy Requirement.

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

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

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

(3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
9 (4) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the City of Marina.

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

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

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

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Marina Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted within 180 days of submission of the proposed military equipment use policy to the City Council, the Marina Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with this section.

C. In seeking the approval of the governing body, the Police Department shall submit a proposed military equipment use policy to the City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.

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

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

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

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

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

9.26.050 Use in Exigent Circumstances

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

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

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

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

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

9.26.060 Reports on the Use of Military Equipment

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

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

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

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

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

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

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

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

D. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the Police Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the general pub lic may discuss and ask questions regarding the annual military equipment report and the Police Department’s funding, acquisition, or use of military equipment. (California Government Codes § 7072 (a)

E. The City Council shall determine, based on the annual military equipment report submitted by the Marina Police Department whether each type of military equipment identified in that report has complied with the standards for approval. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Marina Police Department for as long as the Military equipment is available for use. (California Government Codes § 7071 (a) (1)). If the City Council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of m ilitary equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance.

9.26.070 Severability

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

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

12 ORDINANCE NO. 2025-07

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL CODE TO IMPLEMENT PROGRAM 2.4 OF THE HOUSING ELEMENT
WHEREAS, on April 11, 2024, the California Department of Housing and Community Development (State HCD) certified the City of Marina’s Sixth Cycle Housing Element (“Housing Element”); and
WHEREAS, the Housing Element requires the City of Marina to implement several policy and ordinance modifications to remain compliant with the Housing Element, as set forth further herein; and
WHEREAS, reducing barriers to the development of more housing is a key objective of the Housing Element; and
WHEREAS, the City’s inclusionary housing ordinance currently imposes a forty percent (40%) inclusionary mandate for the parts of Marina that are located on former Fort Ord land and a twenty percent (20%) inclusionary mandate for the remainder of Marina; and WHEREAS, the forty percent (40%) mandate applicable to the former Fort Ord area is substantially higher than the requirement in the General Plan and the City -adopted specific plans for the Dunes (University Village Specific Plans), Sea Haven and Marina Station Specific Plans; and WHEREAS, the City’s inclusionary housing ordinance currently applies to residential development of twenty (20) or more units; and
WHEREAS, Housing Element Program 2.4 requires the City to amend the inclusionary housing ordinance such that: (1) the inclusionary mandate for the former Fort Ord area is consistent with the General Plan and the twenty percent (20%) mandate applicable to o ther areas of the City; and (2) the ordinance applies to residential development of five (5) or more units.

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

Section 1. Findings.

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

Section 2. Amendments.

Section 17.48.030 of the Marina City Code is hereby amended to read as follows. Strikethrough identifies deletions to the text; underline indicates additional language added to the text.

Agenda Item: 10L(2)
June 3, 2025
1 Ordinance No. 2025-
Page Two

17.48.030 Inclusionary housing.

A. Purpose and Intent. It is the intent of this section to establish standards and procedures that facilitate the development of housing affordable to a range of households with varying income levels as mandated by California Government Code Section 65580. The purpose of this section is to encourage the development and availability of such housing by ensuring that the addition of affordable housing units to the city’s housing stock is in proportion with the overall increase in housing units.

B. Applicability and Exemptions.

1. Applicability.
a. All residential developments of five twenty or more units; b. Existing occupied housing in Marina’s former Fort Ord.

2. Exemptions.
a. Residential developments proposed to contain fewer than five twenty units; b. Market-rate units produced as a density bonus pursuant to Section 17.48.040; c. Any housing unit or residential development which is damaged or destroyed by fire, natural catastrophes, or act of public enemy, subject to the following conditions:
i. The unit or development is damaged or destroyed to the extent to not more than seventy-five percent of the assessed value thereof, as shown on the latest Monterey County assessment roll, prior to such destruction,
ii. The use of the reconstructed building and number of housing units remain the same as prior to the damage or destruction,
iii. The square footage of the reconstructed building is not increased or reduced by more than ten percent,
iv. The unit or development is reconstructed within four years of the damage or destruction, and
v. Should the reconstructed development result in an increased number of housing units, only the net increase in units shall incur an inclusionary housing requirement.

C. Inclusionary Housing Requirement.

1. All new residential development of five twenty or more units and all existing occupied housing in Marina’s former Fort Ord shall be required to provide at minimum a specified percentage of housing units affordable to specific income groups according to the affordability distribution set forth in Table 17.48.030-1.

2. Provision of affordable for-sale housing for middle income households is voluntary and incentive-based. The developer must submit a request for incentives as part of the affordable housing plan for review by the director.

2 Ordinance No. 2025-
Page Three

Table 17.48.030-1. Inclusionary Housing Requirements
Planning
Area
Percentage of Required Affordable Housing by Income Total Affordable
Requirement
(Percentage
of Total
Units) Very Low Low Moderate Middle
Citywide For-
Sale or Rental
Housing:

New
Construction
or
Substantially
Rehabilitated
6 Percent 7 Percent 7 Percent 10 Percent—
Voluntary
and
Incentive-
Based
20+ percent
Former Fort
Ord: Existing
Occupied
Housing
6 15 Percent 7 15 Percent 7 10 Percent 0 Percent 20 40 Percent1

1 Inclusionary housing requirement for existing occupied housing on the former Fort Ord can be fulfilled by providing fewer moderate income housing units than required above if a greater percentage of very low and low income housing units are provided and the total number of very low, low and moderate income units is not less than twenty forty percent.

3. Existing Housing on Former Fort Ord.
c. Inclusionary housing requirements for existing occupied housing on the former Fort Ord can be fulfilled with fewer moderate income housing units than specified in Table

17.48.030-1 if a greater percentage of very low and low income housing units are provided and the total number of very low, low and moderate income units is not less than twenty forty percent, and the allocation of the inclusionary units is approved as part of the affordable housing agreement. The trading of units is one -way only from moder ate income to low and very low income, or from low income to very low income. 3 Ordinance No. 2025-
Page Four

Section 3. California Environmental Act (CEQA).

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

Section 4. Severability.

It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, par agraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, para graph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Section 5. Effective Date.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.

The foregoing ordinance was introduced and read on the 20 th day of May 2025 and was finally adopted on the 3rd day of June 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

______________________________
Bruce Delgado, Mayor
ATTEST:

_______________________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
4 FINDINGS

Consistent with the General Plan
1) General Plan Policy 5.4 and 5.4.6 - Zoning Ordinance Update. A major revision of the City’s existing zoning code is required to implement the General Plan. The initial step should be to thoroughly review and critique the existing code and identify its deficiencies. Changes are required to implement Housing Element policies and programs.

Evidence: By adopting the revisions to the zoning ordinance as required by Program 2.4 of the Housing Element, the City will be implementing General Plan Policy 5.4.6 which directs city staff to review the Municipal Code for consistency with Housing Element Law.

2) General Plan Policy 5.7 – Housing Availability Ordinances. This policy requires the City to prepare and adopt certain ordinances to address the General Plan objectives of matching housing to the needs of local employees and providing housing to meet the ne eds of households of all economic levels.

Evidence: By reducing the housing constraints for special housing needs groups and making the City’s inclusionary housing ordinance applicable to more residential development per Program 2.4 of the Housing Element, the City will be implementing General Plan Policy 5.7.

5 May 27, 2025 Item No. 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL CONSIDER INTRODUCING ORDINANCE NO. 202 5-, AMENDING THE MARINA MUNICIPAL CODE (MMC), CHAPTER 17,
ARTICLE 1, BY AMENDING SECTIONS 17.06 AND 17.08 ALLOWING DAY CARE CENTERS AS PERMITTED USES IN R-1 AND R -2
RESIDENTIAL ZONES, SECTION 17.12 ALLOWING DAY CARE
CENTERS AS CONDITIONAL USES IN R-4 RESIDENTIAL ZONE, AND SECTIONS 17.18, 17.20, AND 17.22 TO ALLOW SAME IN C-1, C-2, AND PC COMMERCIAL ZONES AS PRINCIPALLY PERMITTED USES. THE
ORDINANCE ALSO AMENDS SECTION 17.42.135.1 BY REMOVING

THE CONCENTRATION RESTRICTION FOR SMALL AND LARGE
FAMILY CHILD CARE HOMES. THE PROPOSED ORDINANCE IS

EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
SECTION 15061(b)(3) OF THE CEQA GUIDELINES.

RECOMMENDATION: It is recommended that the City Council consider:

1. Introducing Ordinance No. 2025 -, approving the proposed amendments to Title 17, Article 1 , by amending Sections 17.06 , 17.08, 17.12, 17.18, 17.20, and 17.22 of the Marina Municipal Code pertaining to day care centers and Section 17.42.135.1 pertaining to the concentration restrictions for small and large family childcare homes, as set forth in the proposed Ordinance, EXHIBIT A.

2. Finding this action is exempt from environmental review pursuant to Section 15061(B)(3) of the CEQA Guidelines.

BACKGROUND
On November 15, 2022, City Council adopted Ordinance 2022 -07 amending Title 17: Zoning Ordinance to meet compliance with State law concerning child care. In 2019, Governor Gavin Newsom signed Senate Bill (SB) 234 that prohibited municipalities from restricting the use of home childcare facilities in residential zones. Ordinance 2022 -07 amended s ections of the residential zoning code to revise language pertaining to small and large family childcare homes as Permitted uses in all residential districts and Commercial/Multiple-Family Residential District (C-R).

On April 10, 2025, the Marina Planning Commission held a public hearing at which staff presented and received input from the Commission on the proposed amendments to Title 17, Article 1, by amending Sections 17.06, 17.08, 17.12, 17.18, 17.20, and 17.22 of the Marina Municipal Code pertaining to day care centers and Section 17.42.135.1 pertaining to the concentration restrictions for small and large family child care homes. The Planning Commission provided constructive feedback, recommending minor revisions to R -1 and R -2 zoning districts as Permitted uses , and advising the Business Park (BP) as a non -permitted use. Staff has incorporated the feedback in the draft ordinance. The Planning Commission approved Resolution 2025-04 that recommended the City Council adopt changes to Chapter 17 of the Marina Municipal Code as described in the draft ordinance (EXHIBIT A). 1 ANALYSIS
Through the examination of Title 17 of the Marina Municipal Code (MMC), Planning staff identified opportunities for zoning updates that would improve access to childcare by making it easier to establish day care centers in Marina. Currently, the MMC does not permit day care centers in R -1 (Single-Family Residential) and R -4 (Multiple-Family Residential) districts, while allowing them as a Conditional use in R -2 (Duplex Residential) and R -3 (Limited Multiple - Family) districts. Given the growing demand for accessible childcare options and the increasing number of working families in Marina, this amendment proposes to revise the Not Permitted and Conditional uses section in each of these residential zoning districts to allow day care centers as a Permitted use in the R -1 and R -2 zoning districts and as a Conditional use in the R -4 district.

Adopting these amendments will expand the availability of childcare facilities in these residential zoning districts and provide families with more convenient options closer to their homes. The amendment does not propose any changes to the R -3 zoning district, which currently allows day care centers as a Conditional use.

Additionally, the amendment proposes to allow for daycare centers as a Permitted use in the C -1 (Retail Business), C-2 (General Commercial), and PC (Planned Commercial) zoning districts. This change helps facilitate the establishment of childcare centers in existing commercial spaces, such as offices and retail locations. Furthermore, there is currently a concentration limitation for large or small family childcare homes that prevents the establishment of a new large or small family child care home within a three -hundred-foot radius of existing large and small family childcare homes.

The amendment proposes to remove this concentration restriction. By reducing regulatory barriers, this amendment aims to expand childcare access, support working families, and optimize underutilized commercial properties for community-serving uses.

This item was considered at a noticed public hearing of the Planning Commission on April 10, 2025. The Planning Commission adopted Resolution 2025 -04 (EXHIBIT B) recommending that the Council approve the proposed amendments.

Current Zoning – Allowed Uses

R1 R2 R3 R4 CR C1 C2 PC BP
Day care
centers

NP C C NP P C NP NP NP

P – Permitted
C – Conditional Use Permit
NP – Not Permitted

Proposed Zoning – Allowed Uses

R1 R2 R3 R4 CR C1 C2 PC BP
Day care
centers

P P C C P P P P NP

P – Permitted
C – Conditional Use Permit
NP – Not Permitted

FISCAL IMPACT
There is no fiscal impact.

ENVIROMENTAL REVIEW
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the State CEQA Guidelines. Staff has determined that the exemption applies in this case because the proposed procedural changes would not result in a direct or a 2 reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

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

Respectfully submitted

_____________________
Brian Kim
Assistant Planner
City of Marina

REVIEWED/CONCUR:

____________________________
Guido Persicone, AICP
Community Development Director
City of Marina

____________________________
Layne Long
City Manager
City of Marina

3 EXHIBIT A
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING THE MARINA MUNICIPAL CODE (MMC), CHAPTER 17, ARTICLE 1, BY AMENDING SECTIONS 17.06 AND 17.08 ALLOWING DAY CARE CENTERS AS PERMITTED USES IN R -1 AND R -2 RESIDENTIAL ZONES, SECTION 17.12 ALLOWING DAY CARE CENTERS AS CONDITIONAL USES IN R-4 RESIDENTIAL ZONE, AND SECTIONS 17.18,

17.20, AND 17.22 TO ALLOW SAME IN C -1, C -2, AND PC COMMERCIAL ZONES AS PRINCIPALLY PERMITTED USES. THE ORDINANCE ALSO AMENDS SECTION

17.42.135.1 BY REMOVING THE CONCENTRATION RESTRICTION FOR SMALL AND LARGE FAMILY CHILD CARE HOMES. THE PROPOSED ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES.
-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

1. The City Council of the City of Marina (City) acknowledges that childcare options in Marina are scarce and costly. As a result, the City Council requested that the Community Development Dept. (CDD) provide amendments to the Marina Municipal Code (MMC) that would increase opportunities for the development of “day care centers”, as defined in MMC Sec.

17.04.211.

2. In November, 2022, the City Council adopted amendments bringing the MMC into compliance with State law that allows small and large in -home childcare uses in all of the City’s residential zones (Ord. 2022 -07). This Ordinance codifie d State law and allows more opportunities for in-home day care of up to 14 children.

3. On April 10, 2025, the Planning Commission recommended approval of the draft Ordinance with changes that have been incorporated below.

4. The proposed amendments include:
a. Modifying MMC Sections 17.06.020 (Single -Family Residential or R -1) and

17.08.020 (Duplex Residential or R -2) by adding “Day care centers” as a Permitted use; and
b. Modifying MMC Section 17.12.030 (Multiple -Family Residential or R -4) by adding “Day care centers” as a Conditional use; and
c. Modifying MMC Sections 17.18.30 (Retail Business or C -1), 17.20.030 (General Commercial or C -2), and 17.22.030 (Planned Commercial or PC) by adding “Day care centers” as a Permitted use.
4 d. Modifying MMC Sections 17.42.135.1 (Large and small family child care homes) by removing the concentration restriction for small and large family child care homes.

5. The proposed amendments to Chapter 17 of the MMC are consistent with Section 17.72 (Amendments) in that the amendments are consistent with public necessity and convenience and the general welfare requires such amendments.

6. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

7. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

8. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.

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

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on the 3rd day of June 2025, and was passed and adopted at a regular meeting duly held on the 17th day of June 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

________________________
Anita Sharp, Deputy City Clerk

5 EXHIBIT A
(New text is indicated with underlining, and deleted text is indicated with strikethrough) …
Chapter 17.06
R-1 OR SINGLE-FAMILY RESIDENTIAL DISTRICT
Sections:
…

17.06.020 R-1-Permitted uses.
…

17.06.020 R-1-Permitted uses.

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

A. One single-family dwelling per lot;
B. Accessory dwelling units pursuant to the provisions of Section 17.42.040, except in the Coastal Zone where this provision shall not be effective unless and until approved by the California Coastal Commission;
C. Small residential care homes, including small residential care homes that do not require licensing by the state or county;
D. Large and small family child care homes pursuant to Section 17.42.135; E. Home occupations pursuant to Section 17.42.110;
F. Transitional housing pursuant to Section 17.04.711;
G. Supportive housing pursuant to Section 17.04.698 and subject to the following review timelines per California Government Code Section 65653(b), as may be amended: The local government shall notify the developer whether the application is complete within thirty days of receipt of an application to develop supportive housing in accordance with this section. The city shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units;
H. Employee housing pursuant to Section 17.04.296;
I. Other uses accessory and incidental to residential use pursuant to Section 17.42.040, and those uses accessory and incidental to a residential use located within the R-1/C-P district, including but not limited to: rooming and boarding of not more than two persons; the keeping of not more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

J. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time. …
6 Chapter 17.08
R-2 OR DUPLEX RESIDENTIAL DISTRICT
Sections:
…

17.08.020 R-2-Permitted uses.

17.08.020 R-2-Conditional uses.
…

17.08.020 R-2-Permitted uses.

Uses permitted in the R-2 districts shall be as follows:

A. Single-family dwellings;
B. Accessory dwelling units pursuant to the provisions of Section 17.42.040; C. Small residential care homes, including small residential care homes that do not require licensing by the state or county;
D. Large and small family child care homes pursuant to Section 17.42.135; E. Home occupations pursuant to Section 17.42.110;
F. Transitional housing pursuant to Section 17.04.711;
G. Supportive housing pursuant to Section 17.04.698 and subject to the following review timelines per California Government Code Section 65653(b): The city shall notify the developer whether the application is complete within thirty days of receipt of an application to develop supportive housing in accordance with this section. The city shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units;
H. Employee housing pursuant to Section 17.04.296;
I. Other uses accessory and incidental to residential use pursuant to Section 17.08.040, including but not limited to: rooming and boarding of not more than two persons; the keeping of not more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

J. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time.

7 17.08.020 R-2-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-2 districts shall be as follows:

A. Large residential care homes, retirement homes, and extended care medical facilities including convalescent facilities and other skilled nursing facilities. Approval shall be pursuant to Section 17.58.040 (Use permit action by appropriate authority).

B. Public and quasi-public uses and buildings, including churches, firehouses, parks and playgrounds, community or recreational centers, schools (public and parochial) or schools accredited to the state school system, and public utility buildings and uses exclusive of corporate, storage or repair yards.

C. Day care centers.

C. D. Condominium and/or planned unit development projects subject to the provisions of Chapter 17.66.
…
Chapter 17.12
R-4 OR MULTIPLE-FAMILY RESIDENTIAL DISTRICT
Sections:
…

17.12.030 R-4-Conditional uses.
…

17.12.030 R-4-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-4 districts shall be as follows:

A. Extended care medical facilities, including convalescent homes and other skilled nursing facilities;
B. Public and quasi-public buildings and uses including churches, firehouses, parks and playgrounds, community or recreational centers, schools (public and parochial) or schools accredited to the state school system, and public utility buildings and uses exclusive of corporate, storage or repair yards;
C. Mobile home parks pursuant to Section 17.42.050;
D. Condominium and/or planned development projects subject to the provisions of Chapter 17.66;
E. Single-family dwellings subject to compliance with the provisions of Section 17.12.190; and 8 F. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use permit action by appropriate authority).

G. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time. …
Chapter 17.18
C-1 OR RETAIL BUSINESS DISTRICT
Sections:
…

17.18.020 C-1-Permitted uses.

17.18.030 C-1-Conditional uses.
…

17.18.020 C-1-Permitted uses.

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

A. Retail stores conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, furniture and millinery shops when incidental to the retail sales of such items, radio sales, restaurants, shoe shops, hardware stores and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located;
B. Professional and medical offices;
C. Personal service establishments conducted within a building, including banks, barbershops, beauty parlors, tailor shops, tanning salons, and other establishments of similar character providing services to individuals as a primary use;
D. Studios—art, dance, martial arts, music, etc.;
E. Fitness and health establishments; and
F. Supportive housing pursuant to Section 17.04.698;
G. Transitional housing as defined in Section 17.04.711. (Ord. 2024-06 § 2, 2024; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006) H. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time.

9 17.18.030 C-1-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-1 districts shall be as follows:

A. Hotels and motels;
B. Public and quasi-public uses including schools and churches, and public utility buildings and uses;
C. Animal hospitals, auto repair shops, auto sales, service stations, drive-in restaurants, refreshment stands, theaters, amusement centers, pet shops, launderettes, undertaking establishments, used car sales, used or secondhand goods, business, specialized education, professional or trade schools, membership organization facilities, and other uses which are of a similar character;
D. Storage warehouses when incidental to a use allowed in this district; E. Multiple-family residential dwellings when part of a mixed use development on a building site;
F. Buildings and building appurtenances extending into the required front yard or the required side yard abutting a public street consistent with a build-to line established for the building site by the planning commission or the city council on appeal. Said build-to line may entirely eliminate the said yard requirements for the location of buildings on building sites located within the retail core area identified in the general plan. Said build-to line may reduce said yard requirements for the location of buildings on building sites located outside said retail core area to no less than five feet;
G. Day care centers;
G.H. Cannabis retailer;
H.I. Cannabis manufacturing, cannabis distribution and cannabis testing labs; I.J. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use permit action by appropriate authority). …
Chapter 17.20
C-2 OR GENERAL COMMERCIAL DISTRICT
Sections:
…

17.20.020 C-2-Permitted uses.
…

17.20.020 C-2-Permitted uses.

Uses permitted in the C-2 districts shall be as follows:
10 A. Retail stores and shops of light commercial character and conducted within a building, including appliance stores, bakeries (retail only), banks, barbershops, beauty parlors, bookstores, cleaner or laundry agents, dress shops, drugstores, florist shops, food stores, restaurants, furniture and millinery shops when incidental to the retail sales of such items, hardware stores, offices, radio sales, shoe shops, studios, tailor shops, personal service establishments, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located.

B. Auto laundries, auto repair shops, auto sales (except used cars), boarding kennels, bottling works, carpenter shops, dancing academies, lumber yards, pet shops, paint, paperhanging and decorator shops, plumbing shops, service stations (except those requiring a use permit under Section 17.20.030), storage of household goods, tinsmith shops, undertaking establishments, wholesale stores or storage (except those requiring a use permit under Section 17.20.030).

C. Supportive housing as defined in Section 17.04.698.

D. Transitional housing as defined in Section 17.04.711. (Ord. 2024-06 § 2, 2024; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2002-09 § 1, 2002; Zoning Ordinance dated 7/94, 1994)
E. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time. …
Chapter 17.22

PC OR PLANNED COMMERCIAL DISTRICT
Sections:
…

17.22.030 PC-Permitted uses.
…

17.22.030 PC-Permitted uses.

Uses permitted in the PC district, subject to first securing a zoning permit in each case, shall be as follows:

A. Retail stores and shops of light commercial character and conducted within a building, including appliance stores, banks, barbershops, beauty parlors, bookstores, cleaner or laundry agents, dress shops, drugstores, food stores, furniture shops, millinery shops, offices, radio sales, restaurants, shoe shops, studios and tailor shops, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are located.

B. Hotels, clubs, lodges, churches, and public and quasi-public uses and buildings, public utility uses and buildings, service stations, drive-in banks, dancing academies, retail plant nurseries, drive-in restaurants, undertaking establishments, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located.
11 C. Supportive housing pursuant to Section 17.04.698.

D. In the Coastal Zone the uses permitted shall be determined by the local coastal land use plan and a coastal development permit shall be required. Such uses shall include but not be limited to visitor-oriented retail and service uses, and accommodations and public access.

E. Transitional housing as defined in Section 17.04.711. (Ord. 2024-06 § 2, 2024; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994) F. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as such regulations may be amended from time to time. …
Chapter 17.42

GENERAL ZONING REGULATIONS
Sections:
…

17.42.135 Large and small family child care homes.
…

17.42.135 Large and small family child care homes.

Large and small family child care homes shall comply with the following standards:

1. Location and Concentration. Large and small family child care homes shall have vehicular access from a public street or a private street improved to city standards. No large or small family child care home shall be located within a three-hundred-foot radius of an existing large or small family child care home. This requirement may be waived by the community development director if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood.

Examples of physical conditions that may warrant granting of a waiver include the presence of major nonresidential structures or uses between child care facilities or the presence of an arterial between the facilities.

2. Parking—Drop-Off Area. At least two parking spaces for passenger loading/unloading must be available either on street or off street. If on street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3. Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones.

4. Health and Safety. Each large and small family child care home shall comply with applicable building and fire codes, as well as with licensing requirements of the state department of social services. Each large family child care home shall receive fire safety clearance from the fire department prior to beginning operations. Consistent with 22 CCR Section 102371(b), as may be amended, fire clearance shall not be required for small family child care homes. 12 5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.

6. Occupancy Requirement/Property Owner Authorization. The large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site for large or small family child care use shall be obtained from the property owner.

7. Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.

8. Number of Children. The maximum number of children for whom care may be provided at any one time shall be regulated by 12 CCR Section 102416.5, as may be amended. (Ord. 2022- 07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

13 RESOLUTION NO. 2025-04
AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE (MMC), CHAPTER 17, ARTICLE 1, BY AMENDING SECTIONS 17.06 AND 17.08 ALLOWING DAY CARE CENTERS AS PERMITTED USES IN RESIDENTIAL ZONES, SECTION 17.12 ALLOWING

DAY CARE CENTERS AS CONDITIONAL USES IN RESIDENTIAL ZONE, AND SECTIONS 17.18, 17.20, AND 17.22 TO ALLOW SAME IN CERTAIN COMMERCIAL ZONES AS PRINCIPALLY PERMITTED USES. THE ORDINANCE ALSO AMENDS SECTION 17.42.135.1 BY REMOVING THE CONCENTRATION RESTRICTION FOR SMALL AND LARGE FAMILY CHILD CARE HOMES. THE PROPOSED ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CEQA GUIDELINES.

WHEREAS, the Community Development Dept. (CDD) of the City of Marina (City), through its regular use and implementation of the Marina Municipal Code (MMC), finds that zoning should be updated for increased access to childcare facilities; WHEREAS, the CDD recommends amendments to MMC Chapter 17, Article 1 Sections

17.06.020 (Single-Family Residential or R-1) and 17.08.020 (Duplex Residential or R-2) as a Permitted use;
WHEREAS, the CDD recommends amendments to MMC Chapter 17, Article 1 Section

17.12.030 (Multiple-Family Residential or R-4) by adding "Day care centers" as a Conditional use;
WHEREAS, the CDD recommends amendments to MMC Chapter 17, Article 1 Sections

17. 18.30 (Retail Business or C-1 ), 17 .20.030 (General Commercial or C-2), and 17 .22.030 (Planned Commercial or PC) by adding "Day care centers" as a Permitted use; WHEREAS, the CDD recommends amendments to MMC Chapter 17, Article I Sections

17.42.135.1 (Large and small family child care homes) by removing the concentration restriction for small and large family child care homes;
WHEREAS, the proposed amendments to Chapter 17 of the MMC are included in the draft ordinance referenced herein as Exhibit A;
WHEREAS, the proposed amendments to Chapter 17 of the MMC are consistent with Section

17.72 (Amendments);
WHEREAS, the findings and conclusions made by the Planning Commission in this resolution are based upon the oral and written evidence presented as well as the entirety of the administrative record for the proposed amendment, which is incorporated herein by this reference. The findings are not based solely on the information provided in this resolution; WHEREAS, the project is exempt from CEQA per Section 1506l(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment.

NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council adopt changes to Chapter 17 of the Marina Municipal Code as described in the draft ordinance referenced herein as Exhibit A.

EXHIBIT B
14 15
ORDINANCE NO.

AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE (MMC),
CHAPTER 17, ARTICLE 1, BY AMENDING SECTIONS 17.06 AND 17. 08

ALLOWING DAY CARE CENTERS AS PERMITTED USES IN
RESIDENTIAL ZONES , SECTION 17.12 ALLOWING DAY CARE

CENTERS AS CONDITIONAL USES IN RESIDENTIAL ZONE, AND
SECTIONS 17.18, 17.20, AND 17.22 TO ALLOW SAME IN CERTAIN COMMERCIAL ZONES AS PRINCIPALLY PERMITTED USES . THE
ORDINANCE ALSO AMENDS SECTION 17.42.135.1 BY REMOVING THE

CONCENTRATION RESTRICTION FOR SMALL AND LARGE FAMILY
CHILD CARE HOMES. THE PROPOSED ORDINANCE IS EXEMPT

FROM ENVIRONMENTAL REVIEW P URSUANT TO SECTION
15061(b)(3) OF THE CEQA GUIDELINES.
-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

2. In November, 2022, the City Council adopted amendments bringing the MMC into compliance with State law that allows small and large in-home childcare uses in all of the City’s residential zones (Ord. 2022-07). This Ordinance codifies State law and allows more opportunities for in-home day care of up to 14 children.

3. The proposed amendments include:
a. Modifying MMC Sections 17.06.020 (Single-Family Residential or R-1) and

17.08.020 (Duplex Residential or R-2) by adding “Day care centers” as a Permitted use; and
16 b.

Modifying MMC Section 17.12.030 (Multiple-Family Residential or R-4) by adding “Day care centers” as a Conditional use; and
c. Modifying MMC Sections 17.18.30 (Retail Business or C-1), 17.20.030 (General Commercial or C-2), and 17.22.030 (Planned Commercial or PC) by adding “Day care centers” as a Permitted use.
d. Modifying MMC Sections 17.42.135.1 (Large and small family child care homes) by removing the concentration restriction for small and large family child care homes.

4. The proposed amendments to Chapter 17 of the MMC are consistent with Section 17.72 (Amendments).

5. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

6. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

7. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.

8. Posting of Ordinance. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.
17 T
he foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on __________, 2025, and was passed and adopted at a regular meeting duly held on ________________, 2025, 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

18 Exhibit A
(New text is indicated with underlining, and deleted text is indicated with strikethrough)
…
Chapter 17.06
R-1 OR SINGLE-FAMILY RESIDENTIAL DISTRICT
Sections:
…

17.06.020 R-1-Permitted uses.
…

17.06.020 R-1-Permitted uses.

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

A. One single- family dwelling per lot;
B. Accessory dwelling units pursuant to the provisions of Section 17.42.040, except in the Coastal Zone where this provision shall not be effective unless and until approved by the California Coastal Commission;
C. Small residential care homes, including small residential care homes that do not require licensing by the state or county;
D. Large and small family child care homes pursuant to Section 17.42.135; E. Home occupations pursuant to Section 17.42.110;
F. Transitional housing pursuant to Section 17.04.711;
G. Supportive housing pursuant to Section 17.04.698 and subject to the following review timelines per California Government Code Section 65653(b), as may be amended: The local government shall notify the developer whether the application is complete within thirty days of receipt of an application to develop supportive housing in accordance with this section. The city shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units;
H. Employee housing pursuant to Section 17.04.296;
I. Other uses accessory and incidental to residential use pursuant to Section 17.42.040, and those uses accessory and incidental to a residential use located within the R-1/C-P district, including but not limited to: rooming and boarding of not more than two persons; the keeping of not more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

J. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as may be amended.
19 …
C
hapter 17.12
R-2 OR DUPLEX RESIDENTIAL DISTRICT
Sections:
…

17.08.020 R-2-Permitted uses.
…

17.08.020 R-2-Permitted uses.

Uses permitted in the R-2 districts shall be as fol lows:

A. Si
ngle-family dwellings;
B. Accessory dwelling units pursuant to the provisions of Section 17.42.040; C. Small residential care homes, including small residential care homes that do not require licensing by the state or county;
D. Large and small family child care homes pursuant to Section 17.42.135; E. Home occupations pursuant to Section 17.42.110;
F. Transitional housing pursuant to Section 17.04.711;
G. Supportive housing pursuant to Section 17.04.698 and subject to the following review timelines per California Government Code Section 65653(b): The city shall notify the developer whether the application is complete within thirty days of receipt of an application to develop supportive housing in accordance with this section. The city shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units;
H. Employee housing pursuant to Section 17.04.296;
I. Other uses accessory and incidental to residential use pursuant to Section 17.08.040, including but not limited to: rooming and boarding of not more than two persons; the keeping of not more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

J. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as may be amended.
…
Chapter 17.12
R-4 OR MULTIPLE-FAMILY RESIDENTIAL DISTRICT
Sections:
20 …

17.12.030 R-4-Conditional uses.
…

17.12.030 R-4-Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-4 districts shall be as follows:

A. Extended care medical facilities, including convalescent homes and other skilled nursing facilities;
B. Public and quasi-public buildings and uses including churches, firehouses, parks and playgrounds, community or recreational centers, schools (public and parochial) or schools accredited to the state school system, and public utility buildings and uses exclusive of corporate, storage or repair yards;
C. Mobile home parks pursuant to Section 17.42.050;
D. Condominium and/or planned development projects subject to the provisions of Chapter 17.66;
E. Single-family dwellings subject to compliance with the provisions of Section 17.12.190; and F. Large residential care homes or facilities. Approval shall be pursuant to Section 17.58.040 (Use permit action by appropriate authority).

G. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as may be amended.
…
Chapter 17.18
C-1 OR RETAIL BUSINESS DISTRICT
Sections:
…

17.18.020 C-1-Permitted uses.
…

17.18.020 C-1-Permitted uses.

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

A. Retail stores conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, furniture and millinery shops when incidental to the retail sales of such items, radio sales, restaurants, shoe shops, hardware stores and other uses which are 21 of
similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located;
B. Professional and medical offices;
C. Personal service establishments conducted within a building, including banks, barbershops, beauty parlors, tailor shops, tanning salons, and other establishments of similar character providing services to individuals as a primary use;
D. Studios—art, dance, martial arts, music, etc.;
E. Fitness and health establishments; and
F. Supportive housing pursuant to Section 17.04.698;
G. Transitional housing as defined in Section 17.04.711. (Ord. 2024-06 § 2, 2024; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006) H. Day care centers as defined in Section 17.04.211 and licensed under Title 22, Division 12 of the California Code of Regulations, as may be amended.
…
Chapter 17.20
C-2 OR GENERAL COMMERCIAL DISTRICT
Sections:
…

17.20.020 C-2-Permitted uses.
…

17.20.020 C-2-Permitted uses.

Uses permitted in the C-2 districts shall be as follows:

A. Retail stores and shops of light commercial character and conducted within a building, including appliance stores, bakeries (retail only), banks, barbershops, beauty parlors, bookstores, cleaner or laundry agents, dress shops, drugstores, florist shops, food stores, restaurants, furniture and millinery shops when incidental to the retail sales of such items, hardware stores, offices, radio sales, shoe shops, studios, tailor shops, personal service establishments, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located.

PC OR PLANNED COMMERCIAL DISTRICT
Sections:
…

17.22.030 PC-Permitted uses.
…

17.22.030 PC-Permitted uses.

Uses permitted in the PC district, subject to first securing a zoning permit in each case, shall be as follows:

C. Supportive housing pursuant to Section 17.04.698.

GENERAL ZONING REGULATIONS
Sections:
…

17.42.135 Large and small family child care homes.
…

17.42.135 Large and small family child care homes.

Large and small family child care homes shall comply with the following standards:

1. L
ocation and Concentration. Large and small family child care homes shall have vehicular access from a public street or a private street improved to city standards. No large or small family child care home shall be located within a three-hundred-foot radius of an existing large or small family child care home. This requirement may be waived by the community development director if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood.

2. Parking— Drop-Off Area. At least two parking spaces for passenger loading/unloading must be available either on street or off street. If on street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3. Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones.

5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.

6. Occupancy Requirement/Property Owner Authorization. The large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal 24 r
esidence, a letter authorizing the use of the residence and site for large or small family child care use shall be obtained from the property owner.

25 May 5, 2025 Item No. 11b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL OPEN A PUBLIC HEARING AND INTRODUCE
ORDINANCE NO. 2025 -, MODIFYING TITLE 17 (ZONING
ORDINANCE) TO IMPLEMENT PROGRAM 3.3 (DESIGN REVIEW

PROCESS REQUIREMENTS AND DESIGN THRESHOLDS ) OF THE
HOUSING ELEMENT. THIS ACTION IS EXEMPT FROM THE

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

RECOMMENDATION: It is recommended that the City Council consider:

1. Open a public hearing and introduce Ordinance No. 2025-, amending the Zoning Code (Title 17) to implement Program 3.3 (Design Review Process Requirements and Design Thresholds) of the Housing Element.

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

BACKGROUND
On April 11, 2024 the Marina Sixth Cycle Housing Element was certified by the California Department of Housing and Community Development (State HCD). Per the programs of the Housing Element the City must take specific action steps every year to maintain certification with the State. In 2024, six separate actions will be required to be completed by the end of the calendar year. One action is the implementation of Program 3.3 of the Housing Element which requires a text amendment to several provisions of the Zoning Code (Title 17) of the Marina Municipal Code, as described below.

DISCUSSION
Design Review Board -in recent years, in response to the State’s housing crisis, approximately sixty-one housing bills have been adopted with the primary aim of streamlining the review and approval of housing projects. For the past five years, the Planning Commission has subsumed the role of the Design Review Board (DRB). This was done initially as a response to the COVID 19 pandemic and has continued to the present day. Several projects that required a design review permit have occurred during this time and the Planning Commission has deliberated in a similar manner to the Design Review Board (DRB) by reviewing architectural plans for consistency with the City’s adopted rules and regulations, the overall design, and the relationship of buildings to existing neighborhoods. Program 3.3 of the Housing Element would officially subsume the duties of the DRB into the Planning Commission which would officially streamline the review of housing projects consistent with recent changes to state law. Additionally, with the adoption of objective design standards in April of 2024, the City’s ability to deny eligible housing projects is limited, further limiting the need for the DRB moving forward.

Design Review Thresholds -The proposed text amendments also provide streamlining provisions to our development customers on which projects would require a public hearing and those that will be approved at a staff lev el. Currently, the zoning code is ambiguous on the design review threshold, and it is important to clarify this for applicants moving forward.

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

CONCLUSION
City staff are recommending approval of the contract so work can begin in earnest on the maintenance plan for this park.

Respectfully submitted

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

REVIEWED BY:

_____________________
Layne Long
City Manager
City of Marina

1 ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL CODE TO IMPLEMENT PROGRAM 3.3 OF THE HOUSING ELEMENT

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

WHEREAS, City of Marina is obligated by the programs of the Housing Element to implement several policies and ordinance modifications in 202 5 to remain compliant with the City’s Housing Element, and/or the Housing Element law; and

WHEREAS, reducing barriers to the development of more housing is a key objective of the Sixth Cycle Housing Element; and

WHEREAS, State HCD has indicated during this cycle that lengthy processing time, unclear permitting procedures, layered reviews, multiple discretionary review requirements, and costly conditions of approval increase the cost of housing, create uncertainty in the development of project and increase the overall financial risk by developers; and

WHEREAS, since 2020 the Planning Commission has subsumed the role of the Design Review Board (DRB) by reviewing housing projects for consistency with the City’s adopted goals and policies; and

WHEREAS, Program 3.3 of the Housing Element directs the City to adopt amendments to the Title 17 (Zoning Code) to further streamline the development of housing projects by making the Planning Commission’s roles in reviewing housing projects officially codified in the Municipal Code.;

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

Section 1. Findings.

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

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

Strikethrough identify deletions to the text; underlines indicate additional language added to the text.

2 Chapter 2.12 COMMISSIONS

2.12.020 Duties and powers of the commissions.
[. . .]
D. The planning commission shall be an advisory body to the city council regarding the overall coordination of land use in the city and shall specifically perform those duties described in the ordinances and codes of the city.

1. Subcommittees: Design review board and t Tree committee. (Ord. 2006-05 § 1, 2006) Chapter 17.06 R-1 OR SINGLE-FAMILY RESIDENTIAL DISTRICT

17.06.050 Building height.

A. Maximum building height limit in the R-1 districts shall be thirty feet for main buildings and sixteen feet for accessory buildings not intended for living purposes, except that approval by the site and architectural design review board planning commission shall be obtained prior to the construction of any accessory building over twelve feet in height, or if any portion within five feet of any lot line is over ten feet in height. Any action taken by the site and architectural design review board planning commission may be appealed, in writing, to the planning commission city council within ten days of such action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of such action. [. . .]
Chapter 17.08 R-2 OR DUPLEX RESIDENTIAL DISTRICT

17.08.050 Building height.

A. Maximum building height limit in the R-2 districts shall be thirty feet for main buildings and sixteen feet for accessory buildings not intended for living purposes, except that approval by the site and architectural design review board planning commission shall be obtained prior to the construction of any accessory building over twelve feet in height, or if any portion within five feet of any lot line is over ten feet in height. Any action taken by the site and architectural design review board planning commission may be appealed, in writing, to the planning commission city council within ten days of such action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of such action. [. . .]
Chapter 17.20 C-2 OR GENERAL COMMERCIAL DISTRICT

17.20.030 Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the C-2 districts shall be as follows:
[. . .]
G. Single-family, duplex and multiple-family residential dwellings limited to studio and one- bedroom units with a minimum of five hundred twenty-five square feet and a maximum of nine hundred square feet to a maximum density of one unit per five thousand square feet of lot area 3 within the same building as commercial uses on the site and located above those commercial uses. Such residential uses shall be permitted subject to site and architectural design review planning commission approval. However, if residential use is existing or approved for a site, only those uses identified in Section 17.20.020(A) shall be allowed on the same site and all other permitted uses and all conditional uses listed in this chapter shall not be permitted on the site;
[. . .]
Chapter 17.26 P OR BUSINESS PARK AND PLANNED INDUSTRIAL SMALL LOT

COMBINING DISTRICT

17.26.050 Front yard.

Minimum front yard setbacks for buildings required in the P district shall be ten percent of the average lot depth with a minimum of fifteen feet required and a maximum of thirty feet required.

However, as an alternative to the minimum setbacks for buildings as provided above in this section and as provided in Section 17.26.070, the building setbacks for buildings adjacent to a public street may be established on approved subdivision map recorded in the office of the recorder of the county or by an approved general development plan. Said alternative building setbacks shall show or describe both minimum and maximum building setbacks adjacent to all public streets in accordance with the approved general development plan. Such alternatives shall only be granted to accomplish specific urban design objectives defined by the project proponent and approved by the site and architectural design review board planning commission. (Ord. 2020-07 § 2, 2020; Ord. 96-12 § 1, 1996; Ord. 95-8 § 3, 1995; Zoning Ordinance dated 7/94, 1994)

17.26.060 Interior side yard.

In the P district, side yards which are not adjacent to a public street shall be required to be a minimum of five percent of the average lot width with the smallest acceptable required yard being equal to one-half the height of the adjacent building wall and the largest required yard being twenty feet. All portions of the required yard without driveways, parking or loading areas shall be landscaped to the satisfaction of the design review board planning commission.

However, in the case of a lot under one acre, one interior side yard or rear yard shall be allowed to have a zero-foot setback. (Ord. 2020-07 § 2, 2020; Ord. 95-8 § 3, 1995; Zoning Ordinance dated 7/94, 1994)

17.26.070 Exterior side yard.

Minimum exterior side yard setbacks for buildings required in the P district shall be ten percent of the average lot depth with a minimum of fifteen feet required and a maximum of thirty feet required. However, as an alternative to the minimum setbacks for buildings as provided above in this section and as provided in Section 17.26.050, the building setbacks for buildings adjacent to a public street may be established on approved subdivision map recorded in the office of the recorder of the county or by an approved general development plan. Said alternative building setbacks shall show or describe both minimum and maximum building setbacks adjacent to all public streets in accordance with the approved general development plan. Such alternatives shall only be granted to accomplish specific urban design objectives defined by the project proponent and approved by the site and architectural design review board planning commission. (Ord. 4 2020-07 § 2, 2020; Ord. 96-12 § 1, 1996; Ord. 95-8 § 3, 1995; Zoning Ordinance dated 7/94, 1994)

17.26.080 Rear yard.

Minimum rear yard required in the P district shall be five percent of the average lot depth with the smallest acceptable required yard being equal to one-half the height of the adjacent building wall and the largest required yard being twenty feet. That portion of the yard which is five or more feet from the lot line may be used for required parking. All portions of the required yard without parking shall be landscaped to the satisfaction of the design review board planning commission. (Ord. 2020-07 § 2, 2020; Ord. 95-8 § 3, 1995; Zoning Ordinance dated 7/94, 1994)

17.26.090 District boundary buffer.

When the district buffer coincides with other yards required in the P district, the provisions of this section shall control except where the district boundary is adjacent to property planned for industrial uses. Minimum distance from the P district boundary to any building within the district shall be twenty feet, all of which shall be landscaped to the satisfaction of the design review board planning commission. However, when the district boundary line is adjacent to a railroad right-of-way, only the first four feet adjacent to the right-of-way shall be required to be landscaped. Further, when the approved general development plan orients outdoor parking and truck loading facilities away from the district boundary, the planning commission may reduce the width of the landscaped area within the district boundary buffer to as little as ten feet total width when deemed necessary by the planning commission to accomplish landscape screening to the satisfaction of the design review board planning commission. (Ord. 2020-07 § 2, 2020; Ord. 95-8 § 3, 1995; Zoning Ordinance dated 7/94, 1994)
Chapter 17.28 M OR INDUSTRIAL DISTRICT

17.28.090 Front yard.

Minimum front yard required in the M districts shall be thirty feet which shall be landscaped to the satisfaction of the site and architectural design review board planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.28.100 Side yard.

Minimum side yard required in the M districts shall be ten feet which shall be landscaped to the satisfaction of the site and architectural design review board planning commission. (Ord. 2020- 07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.28.110 Rear yard.

Minimum rear yard required in the M districts shall be twenty feet which shall be landscaped to the satisfaction of the site and architectural design review board planning commission. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.28.130 Special regulations and yards.
5 A thirty-foot yard shall be provided along any property line adjacent to or abutting any residential zoning district notwithstanding any provisions contained herein. Said thirty-foot yard shall be heavily landscaped; in addition, sound attenuation or deadening devices or structures shall be provided as deemed necessary by the director of planning, the site and architectural design review board, the planning commission or city council. The purpose of this section is to protect residential areas located adjacent to zoning districts from deleterious or objectionable impacts that may be associated with uses which could locate in the M zoning district. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.28.140 Landscaping.

All required landscaping in the M district shall be subject to the following regulations:

A. All landscaped areas shall be accessible for purposes of maintenance to the satisfaction of the site and architectural design review board planning commission. [. . .]
Chapter 17.30 AIRPORT DISTRICT

17.30.040 Parking, loading, service areas and screening service areas, and screening.

A. General Standards.
[. . .]

7. For buildings within the A-2 district which were in existence on January 1, 2003, loading areas within three hundred feet of the right-of-way of either Imjin or Neeson Roads shall be screened if and as determined necessary by the site and architectural design review board or the appropriate appellate body under Section 17.56.060 planning commission. Other loading areas for buildings which were in existence on January 1, 2003, are not required to be screened. [. . .]
Chapter 17.38 MHR OR MARINA HEIGHTS RESIDENTIAL DISTRICT

17.38.100 Site and architectural review.

In the MHR district, the development of individual lots shall be subject to site and architectural design review procedures in Chapter 17.56. Sections 5 through 17.56.060. (Ord. 2020-07 § 2, 2020; Ord. 2004-05 § 1, 2004)
Chapter 17.40 COASTAL ZONING
Sections:

17.40.120 General coastal zoning regulations.
[. . .]

12. Water Facilities.
6 a. Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.
b. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the design review board planning commission as to the location, access, landscaping and color of storage tanks. Such uses shall be subject to a coastal permit.
[. . .]

[Subsection I] (2). Satellite Antenna Requirements—Residential Districts. In residential districts:
a. The site and architectural design review board planning commission shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval. [. . .]
[Subsection I] (4). Development Standards.
a. The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of satellite dish antennas with its neighborhood.
b. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the planning commission or on appeal the city council on appeal, or site and architectural design review board.
[. . .]
[Subsection I] 5. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna.
[. . .]
[Subsection I] 7. Appeals. Any action taken by the site and architectural design review board planning commission may be appealed, in writing, to the planning commission city council within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action. [. . .]

17.40.200 C-P or coastal development permit combining district. [. . .]
E Coastal Development Permits

[. . .]

3. Granting. In considering an application for a coastal development permit the planning commission shall consider and give due regard to the Marina general plan and local coastal land 7 use and implementation plans. The planning commission shall determine whether or not the establishment, maintenance and operation of the use applied for will, under the circumstances of the particular case, be consistent with the general plan and local coastal land use and implementation plans, based upon the following findings that the project will:
a. Not impair major view corridors towards the sea from Highway 1 parallel to the sea, including the planning guidelines listed in the LCLUP;
b. Be subject to approval of the site and architectural design review board planning commission, including the planning guidelines listed in the LCLUP;
[. . .]
J. Issuance of Administrative Coastal Development Permit by the Director of Planning.

1. Definition. An administrative coastal development permit is a coastal permit issued by the director of planning which does not become effective until its issuance is reported to the city council. If one-third of the members of the city council so request, issuance of the administrative permit shall not become effective and, at the applicant’s request, the application shall be considered as a regular coastal development permit at the next regularly scheduled meeting of the city council.

2. Applicability.
a. Following the review of a coastal permit application by the director of planning, said official shall have the authority to issue a coastal permit by virtue of Section 30624 of the California Coastal Act for the following nonemergency developments:
i. Improvements to any existing structure;
ii. Any single-family dwelling;
iii. Any other developments not in excess of one hundred thousand dollars, other than any division of land;
iv. Any development of four dwelling units or less that does not require demolition.

However, said authority of the director of planning shall not apply to that development which is within the Coastal Commission’s continuing permit jurisdiction pursuant to Coastal Act Section 30519 or appealable to the Coastal Commission pursuant to Coastal Act Section 30603 or any division of land. Such permit for nonemergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided, as specified in subsection K of this section.
b. If the planning community development director receives an application that is asserted to be for improvements or other development within the criteria established in subsection (J)(2)(a) of this section and if the planning community development director finds that the application does not qualify as such, he or she shall notify the applicant that the permit application cannot be processed administratively and must comply with procedures for coastal development permits provided in subsection E of this section. The planning community development director, with the 8 concurrence of the applicant, may accept the application for filing as a regular permit and shall adjust the application fees accordingly.
c. In the case of any development involving a structure or similarly integrated physical construction which lies partly within and partly outside the Coastal Commission’s appeal area, the entire structure or similar integrated physical construction must be subject to at least one public hearing and may not be processed as an administrative permit.

3. Action. The planning community development director may deny, approve or conditionally approve applications for administrative coastal development permits on the same grounds as contained in subsection E of this section for an ordinary CDP application and may include reasonable terms and conditions necessary to bring the project into consistency with the certified LCP.
[. . .]

K. Effective Date of Short Form Permits. Any administrative permit or waiver authorization issued by the director of planning pursuant to the provisions of this section shall be scheduled on the agenda of the city council at its first scheduled meeting after that permit has been issued. The planning community development director shall prepare a report in writing with sufficient description of the work authorized to allow the city council to understand the development to be undertaken. Such report shall be available at the meeting and for administrative permits shall be mailed to all persons wishing to receive such notification at the time of the regular mailing of notice for the meeting and any person who requested to be on the mailing list for the project meeting and any person who requested to be on the mailing list for the project as in subsection L of this section. If, at the meeting, one-third of the appointed members of that governing body so request, the permit or authorization issued by the director of planning shall not go into effect and, if the applicant wishes to pursue the application, the application for a coastal development permit shall be processed by the city pursuant to standard coastal permit procedures listed in this chapter. Unless the city council indicates otherwise, the failure to object to issuance of any waiver or administrative permit shall be presumed to be based upon the findings set forth and adopted.

L. Public Notice. Prior to scheduling any short form permit for city council review, with the exception of categorically excluded projects, the director of planning shall comply with the following public notice procedures:

1. At the time the permit application is submitted the applicant must post, at a conspicuous place, easily read by the public and on the site, or as close as possible to the site, of the proposed development, notice that an application for the proposed development has been submitted to the city using a standardized form(s) provided by the planning community development director.

The notice shall contain a general description of the nature of the proposed development. If the applicant fails to post and keep posted the completed notice form until the waiver or administrative permit becomes effective, the planning community development director shall refuse to file the application or shall withdraw the application from filing if it has already been filed when he or she learns of such failure. The city shall enforce the administrative permit or waiver authorization pursuant to procedures set forth in Chapter 17.74 if it determines that the administrative permit or waiver authorization was granted without proper notice having been 9 given, and the failure of the noticing may have caused the planning community development director to act differently in issuing said permit.

2. Within ten calendar days of filing an application for a coastal development permit or at least ten calendar days prior to the first public hearing or to city council review of the planning community development director’s action on the development proposal, the local government shall provide notice by first class mail of pending application for development. [. . .]

17.40.210 Parking requirements.
[. . .]

4. Multiple Dwellings.
a. One-bedroom units and efficiencies: one space for each dwelling unit which shall be covered plus one additional space for each five dwelling units or fraction thereof, b. Two-bedroom units: one and one-half spaces for each dwelling unit, one of which shall be covered plus one additional space for each five dwelling units or fraction thereof, c. Three or more-bedroom units: two spaces for each dwelling unit, one of which shall be covered plus one additional space for each five dwelling units or fraction thereof, d. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission,
e. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission;
[. . .]

17.40.240 Site and architectural design review.

A. Site and Architectural Design Review Board—Approval Required When. The Marina planning commission shall appoint a site and architectural design review board, hereinafter referred to as the board, as a subcommittee of the Marina planning commission.

The board planning commission shall have the power to review and make recommendations to the planning commission regarding all applications for developments in the coastal zone city. A building permit shall not be issued for any of the following uses until site and architectural design approval has been obtained: public buildings and grounds; public and private schools; colleges, libraries, art galleries, and museums; public and private hospitals and other institutions; churches and other religious buildings and grounds; clubs, lodges, mortuaries, meeting halls, and other places of public assembly; motels and hotels; office buildings; all commercial and industrial uses; mobile home parks; parking lots; public utility structures and installations, except poles and towers carrying overhead lines; and more than one dwelling unit on a single parcel.
10 [. . .]
C. Board Commission Action. The board commission shall consider all necessary plans, drawings and statements in an endeavor to encourage buildings, structures, or other improvements to be designed and constructed, and so located, that they will not be unsightly, undesirable or obnoxious in appearance to the extent that they will hinder the orderly and harmonious development of the city, impair the desirability of residence or investment or occupation in the city, limit the opportunity to obtain the optimum use and value of the land and improvements, impair the desirability of living conditions on or adjacent to the subject site, conform with the standards included in the local coastal land use plan and/or otherwise adversely affect the general welfare of the community.

1. Preliminary Design Review. The board Planning staff shall suggest any changes in plans of such proposed buildings, structures, or other improvements, as it may deem necessary to accomplish the purposes of this section, and shall not recommend to the commission approval of any such plans until it is satisfied that such purposes will be accomplished thereby.

D. Planning Commission Action. The planning commission shall review the preliminary design review recommendation of the board staff in acting upon the site and architectural design approval. All improvements which have received site and architectural design approval shall be constructed substantially in accordance with the approved plans, and no change shall be made subsequently without the review and approval of the planning commission or community development director. When public hearings are required, for solely design review approvals, not including subdivision maps or other development applications, no more than five hearings shall be required.

E. Appeal. If the applicant is not satisfied with the action of the planning commission, said person may file an appeal with the city council in writing within ten days after written notice of the decision of the planning commission has been mailed to the applicant. The appeal shall set forth specifically the points of issue, the reason for the appeal, and wherein the appellant believes there was an error or abuse of discretion by the appropriate authority. The city council shall hold a hearing on said appeal and shall render its decision thereon within thirty days after filing thereof. The city council may reverse or affirm or modify the decision of the planning commission and such action shall be final. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007). If an appeal is filed for a project that utilized the City’s Objective Design Standards for a housing development project as defined by California Government Code 65589.5, the appeal must be based on identifying an inconsistency with an objective standard that is consistent with state law and filed with the City during the standard appeal period for a development project.

Chapter 17.42 GENERAL ZONING REGULATIONS

17.42.020 Use regulations.
[. . .]

1. Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district.
11 2. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the design review board planning commission as to the location, access, landscaping and color of storage tanks. In the Coastal Zone such uses shall be subject to a coastal permit.
[. . .]

17.42.060 Height.
[. . .]
I. Master fence plans for subdivisions of five units/lots or more shall be reviewed as part of the entitlement process. Master fence plans for minor subdivisions may, at the discretion of the applicant, be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the design review board and/or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The design review board or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof. [. . .]

17.42.090 Satellite dish and local television broadcast antennas. [. . .]
B. Satellite Dish Antenna Requirements—Residential Districts. In residential districts:

1. The site and architectural design review board planning commission shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval. [. . .]
D. Development Standards for Satellite Dish Antennas.

1. The planning commission and/or site and architectural design review board may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood.

2. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal, or the planning commission. or site and architectural design review board.
[. . .]
E. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the site and architectural design review board or the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna. [. . .]
12 G. Appeals. Any action taken by the site and architectural design review board planning commission may be appealed, in writing, to the planning commission city council within ten days of said action. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.
[. . .]

17.42.130 Criteria and standards for residential hotel conversions. [. . .]
L. Site Design Review. Residential hotels in Marina shall be subject to site and architectural design review planning commission approval pursuant to Chapter 17.56. (Ord. 2020-07 § 2, 2020; Ord. 2008-06 Exh. A, 2008; Ord. 2004-04 § 1 (Exh. 2), 2004; Ord. 2004-03 § 1, 2004)
Chapter 17.44 PARKING REQUIREMENTS

17.44.020 Residential.

Parking requirements for residential use, excluding residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030, shall be as follows:
[. . .]
D. Multiple Dwellings.

1. One-bedroom units and efficiencies: one space for each dwelling unit plus one additional space for each five dwelling units or fraction thereof,

2. Two-bedroom units: one and one-half spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,

3. Three or more bedroom units: two spaces for each dwelling unit, plus one additional space for each five dwelling units or fraction thereof,

4. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission,

5. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission;
E. Dwellings Approved under Chapter 17.66.
13 1. One-bedroom units and efficiencies: one space for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,

2. Two or more bedroom units: two spaces for each dwelling unit plus two additional spaces for each five dwelling units or fraction thereof,

3. General Note. All required on-site parking spaces shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission,

4. General Note. Twenty percent of all required parking spaces, but in no case less than one space, shall be kept unreserved and available for visitor parking. Visitor parking spaces shall be identified by a sign or other means and shall be uniformly distributed throughout the development to the satisfaction of the site and architectural design review board planning commission;
[. . .]
Chapter 17.56 SITE AND ARCHITECTURAL DESIGN REVIEW

17.56.010 Site and architectural design review board—Approval required when.

The Marina planning commission shall appoint a site and architectural design review board, hereinafter referred to as the board, as a subcommittee of the Marina planning commission.

The board planning commission shall have the power to review and make recommendations to the planning commission regarding all applications for which the commission is the specified review authority, as shown in Table 17.56.035 for developments in the city. A building permit shall not be issued for any of the following uses until site and architectural design approval has been obtained: public buildings and grounds; public and private schools; colleges, libraries, art galleries, and museums; public and private hospitals and other institutions; churches and other religious buildings and grounds; clubs, lodges, mortuaries, meeting halls, and other places of public assembly; motels and hotels; office buildings; all commercial and industrial uses; mobile home parks; parking lots; public utility structures and installations, except poles and towers carrying overhead lines. Also, no occupancy permit shall be issued pursuant to Title 15 for civilian reuse projects on former United States military land until site and architectural design approval has been obtained. All housing development projects, as defined in Chapter 17.04, Definitions, that meet objective zoning and design standards per the city of Marina objective design standards shall be reviewed ministerially at staff level. (Ord. 2024-02 § 3, 2024; Ord. 2020-07 § 2, 2020; Ord. 2001-07 § 1, 2001; Ord. 97-12 § 1, 1997; Zoning Ordinance dated 7/94, 1994)

17.56.020 Appointment to board.

The board members shall be appointed and the board shall operate in accordance with Chapter 2.12 and in the following prescribed manner:

A. The board shall be established and appointed on an annual basis by a majority vote of the city council upon a recommendation from the planning commission. 14 B. The board shall consist of five members plus one alternate as follows:

1. Members 1 through 3. At least three board members shall be members of the public-at-large.

One public-at-large member may reside outside the city. All other public-at-large members shall be residents of the city. All public-at-large members should preferably have a background, or some knowledge, of planning, real estate, engineering, architecture, contracting, or any related field.

2. Member 4. One board member shall be a member of the tree committee.

3. Member 5. One board member shall be a member of the planning commission.

4. Alternate. The alternate board member shall be a member of the planning commission.

C. The board should include at least:

1. Two architects/design professionals; and

2. One landscape architect/landscape contractor/nurseryman.

D. The board shall not include more than one member of any firm.

E. A quorum shall consist of any three members of the board.

F. The board shall yearly appoint a chairman and vice-chairman. Term of chair shall not exceed two successive years. Elections shall be held every January. The chair shall preside at all meetings of the board, make appointments to any subcommittees and shall perform all the duties necessary or incidental to the office. The vice-chair shall serve as chair in the absence or inability of the chair to serve.

G. The board shall not include more than one member of any firm.

H. The board shall yearly appoint a chairman and vice-chairman. (Ord. 2020-07 § 2, 2020; Ord. 2006-19 § 1, 2006; Zoning Ordinance dated 7/94, 1994)

17.56.0320 Application and fees.

A. Applications for site and architectural design review shall be accompanied by drawings showing front, side and rear elevations of the proposed building, structure signs, fences, developments, or improvements or additions thereto. The applicant shall also submit plans or drawings showing in reasonable detail, proposed building or structural locations, topography, existing vegetation, proposed parking layout and location, proposed landscaping plans and proposed color schemes.

B. Such applications 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 applicant. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

15 17.56.035 Board action Design review process.

Table 17.56.035 establishes thresholds for design review. Minor projects are reviewed by the community development director. Major projects are reviewed by the planning commission.

Review Authority for Site Plan and Design
Review
Review Level
Community
Development
Director
Planning
Commission
City
Council

RESIDENTIAL CONSTRUCTION ACTIVITIES
Residential New Construction
New multifamily units (attached or detached)
≤1,000 sq. ft. Decision Appeal Appeal
New multifamily units (attached or detached)
>1,000 sq. ft. Recommend Decision Appeal
Accessory structures Decision Appeal - Appeal
Accessory structures >16 feet in height Recommend Decision Appeal Residential Additions
Residential additions Decision Appeal - Appeal
Other Residential Construction or Improvements
Façade or exterior improvements in
multifamily residential zones Decision Appeal Appeal
New or modified landscaping Decision Appeal Appeal -

NON-RESIDENTIAL CONSTRUCTION ACTIVITIES
New Construction, Additions and Modifications
Accessory structures Decision Appeal Appeal -
New construction, additions or modifications
≤1,000 sq. ft. Decision Appeal Appeal -
New construction, additions or modifications
>1,000 sq. ft. Recommend Decision Appeal
Other Non-Residential Construction
Façade or exterior improvements ≤1,000 sq.
ft. Decision Appeal Appeal -
Façade or exterior improvements >1,000 sq.
ft. Recommend Decision Appeal

AIRPORT DESIGN REVIEW

MODIFICATIONS
Façade or exterior improvements <10,000 sq.
ft. Decision Appeal Appeal -
Façade or exterior improvements >10,000 sq.
ft. Recommend Decision Appeal

17.56.040 Board Action
16 The board review authority shall consider all necessary plans, drawings and statements in an endeavor to encourage buildings, structures, or other improvements to be designed and constructed, and so located, that they will not be unsightly, undesirable or obnoxious in appearance to the extent that they will hinder the orderly and harmonious development of the city, impair the desirability of residence or investment or occupation in the city, limit the opportunity to obtain the optimum use and value of the land and improvements, impair the desirability of living conditions on or adjacent to the subject site, conform with the standards included in the local coastal land use plan and/or otherwise adversely affect the general welfare of the community.

A. Preliminary Design Review. The board shall suggest any changes in plans of such proposed buildings, structures, or other improvements, as it may deem necessary to accomplish the purposes of this section, and shall not recommend to the commission approval of any such plans until it is satisfied that such purposes will be accomplished thereby.

B. Final Design Review. In those situations where the site and architectural design approval by the planning commission as described in Section 17.56.050 or by city council on appeal as described in Section 17.56.060 requires additional review by the board, the board shall review submitted final plans and other required final review submittal materials for conformance with the site and architectural design review approval. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.56.050 Planning commission Review authority action.

The community development director shall serve as the review authority for minor projects, as shown in Table 17.56.035, and shall refer major projects to the planning commission with a recommendation for approval or denial. The planning commission shall serve as the review authority for major projects, as shown in Table 17.56.035. The community development director shall have the authority to refer the project for planning commission review if doing so is in the public interest or having broad effect on the community. the preliminary design review recommendation of the board in acting upon the site and architectural design approval.

All improvements which have received site and architectural design approval shall be constructed substantially in accordance with the approved plans, and no change shall be made subsequently without the review and approval of the planning director appropriate review authority. When public hearings are required, for solely design review approvals, not including subdivision maps or other development applications, no more than five hearings shall be required. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

17.56.0760 Generally.

All qualified housing development projects as defined in Section 17.04.440.1 and under state law shall be ministerially reviewed and approved. (Ord. 2024-02 § 3, 2024) Chapter 17.62 TREE REMOVAL, PRESERVATION AND PROTECTION

17.62.020 Definitions.
[. . .]
17 “Development proposal” means and includes:

1. Proposed land subdivisions;

2. Proposed building projects for uses requiring site and architectural design planning commission approval by Section 17.50.010; and
[. . .]

17.62.060 Tree removal permit.
[. . .]
B. Review Process. The community development director or designee, upon review and recommendation by the tree committee, may approve, deny or conditionally approve a request for removal. If the request is a part of a development proposal that requires review by the site and architectural design review board, the minor subdivision committee, and/or the planning commission, the community development director or designee shall refer the application together with a recommendation for action thereon to the appropriate reviewing body. [. . .]
Chapter 17.66 DEVELOPMENT STANDARDS FOR CONDOMINIUM/PLANNED

DEVELOPMENT PROJECTS AND CONDOMINIUM CONVERSIONS

17.66.020 Driveways and walkways.
[. . .]
C. Pedestrian Walkways. Public sidewalks shall be provided along both sides of any public street within the boundary of the project and along any public street abutting the project site in accordance with city standards. An internal pedestrian walkway system shall be provided which connects each unit and each building with the project with public sidewalk system in accordance with a plan reviewed and approved by the design review board planning commission and in accordance with the city of Marina objective design standards. A minor driveway may serve purposes of a walkway system for the connection of up to four units. (Ord. 2024-02 § 3, 2024; Ord. 2020-07 § 2, 2020; Ord. 2005-10 § 1 (Exh. A), 2005; Ord. 2004-13 § 1, 2004)

17.66.080 Rubbish collection.

Plans for the storage and screening of trash and recycled materials shall be reviewed and approved by the design review board planning commission in accordance with adopted design guidelines. Unless alternatively approved by the planning commission, said plans shall provide for use of individual containers for the trash and recycled materials for each unit. (Ord. 2020-07 § 2, 2020; Ord. 2004-13 § 1, 2004)
Section 3. California Environmental Act (CEQA).

The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) as the adoption of the ordinance will have no reasonable possibility that the 18 project will have a significant effect on the environment. Because the proposed action merely updates the Municipal Code to clarify that certain housing types are allowed in certain residential zones, subject to a use permit and project-specific environmental review as necessary, there is no possibility that the activity in question may have a significant effect on the environment. No further environmental review is necessary.

Section 4. Severability.

It is the intent of the City Council of the City to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase independently, even if any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases were declared invalid or unenforceable.

Section 4. Effective Date.

This ordinance shall be in full force and effect thirty (30) days following its passage and adoption, as certified by the City Clerk.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on the 3rd day of June 2025, and was passed and adopted at a regular meeting duly held on the 24th day of June 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_______________________
Bruce Delgado, Mayor
ATTEST:

_______________________________
Anita Sharp, Deputy City Clerk

19 EXHIBIT A

FINDINGS
Consistent with the General Plan
1) General Plan Policy 5.4.6 - Zoning Ordinance Update 5.4 -A major revision of the City’s existing zoning code is required to implement the General Plan. The initial step should be to thoroughly review and critique the existing code and identify its deficiencies. Changes are required to implement Housing Element policies and programs.

Evidence: By adopting the revisions to the zoning ordinance as required by Program 3.3 of the Housing Element, the City will be implementing General Plan Policy 5.4.6 which directs city staff to review the Municipal Code for consistency with Housing Element Law.

2) General Plan Policy 5.7 -Preparation and adoption of the following ordinances should be undertaken to address the General Plan objectives of matching housing to the needs of local employees and providing housing to meet the needs of households of all economic levels:

Evidence: By reducing the housing constraints for special housing needs groups per Program 3.3 of the Housing Element, the City will be implementing General Plan Policy

5.7. 1922109.1

May 27, 2025 Item No. 11c

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025

CITY COUNCIL OPEN A PUBLIC HEARING CONSIDER
INTRODUCING ORDINANCE NO. 2025 -, AMENDING THE MARINA
MUNICIPAL CODE BY ADDING CHAPTER 2.56 TO TITLE 2
(ADMINISTRATION AND PERSON NEL) IN ORDER TO ESTABLISH A BUILDING APPEALS BOARD. THIS ACTION IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO SECTION 150619(B)(3) OF THE CEQA GUIDELINES AND DIRECT

THE CITY CLERK TO BEGIN RECRUITMENT FOR THE BOARD IN A
TIMELY FASHION.

RECOMMENDATION: It is recommended that the City Council consider:

1. Introducing Ordi nance No. 2025 -, amend ing the Marina Municipal Code by adding Chapter 2.56 (Building Appeals Board) to Title 2 (Administration and Personnel) of the Marina Municipal Code

2. Find that the ordinance is not subject to CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

3. If it is adopted after the second reading of the ordinance , direct the City Clerk to begin recruitment for members of the board in a timely fashion.

BACKGROUND
All residential buildings in the state are subject to the standards contained in the State Building Standards (“Building Code”) and Health & Safety Code §§ 17950, 17922. The Building Code is developed by the California Building Standards Commission and updated every three years.

Cities must adopt the standards in the Building Code by reference into their municipal codes, and are authorized to modify the state standards if necessary, because of local climatic, geological, or topographical conditions.1

The Building Code governs the appeal process for landowners who wish to contest violations of any building standards, including those independently adopted by a city. Section 1.8.8.1 of the State Building Code states (emphasis added):

Every city, county, or city and county shall establish a process to hear and decide appeals of orders, decisions and determinations made by the enforcing agency relative to the application and interpretation of this code and other regulations governing construction, use, maintenance and change of occupancy. The governing body of any city, county, or city and county may establish a local appeals board and a housing appeals board to serve t his purpose. Members of the appeals board(s) shall not be employees of the enforcing agency and shall be knowledgeable in the applicable building codes, regulations and ordinances as determined by the governing body of the city, county, or city and county.

1 https://marina.municipal.codes/Code/15.08.010
1 Where no such appeals boards or agencies have been established, the governing body of the city, county, or city and county shall serve as the local appeals board or housing appeals board as specified in California Health and Safety Code Sections 17920.5 and 17920.6.

Section 1.8.8.3 provides (emphasis added):

Except as otherwise provided in law, any person, firm or corporation adversely affected by a decision, order or determination by a city, county, or city and county relating to the application of building standards published in the California Building Standards Code, or any other applicable rule or regulation adopted by the Department of Housing and Community Development, or any lawfully enacted ordinance by a city, county, or city and county, may appeal the issue for resolution to the local appeals board or housing appeals board as appropriate.

The local appeals board shall hear appeals relating to new building construction and the housing appeals board shall hear appeals relating to existing buildings.

California law does not mandate a particular process for the creation of a building appeals board.

Multiple surrounding cities have adopted ordinances creating a building appeals board, including Santa Cruz, Monterey, Watsonville and Carmel By the Sea to name a few.

DISCUSSION/ANALYSIS
Staff recommend s the creation of a five-member Building Appeals Board that would be responsible for hearing and deciding appeals of orders, decisions, and determinations made by the Building Official and Fire Chief/Fire Marshall. The proposed ordinance specifies the creation, composition, staffing, powers and duties, procedures for appeals and how appeals are heard. The following is a summary of some of the key provisions in the draft ordinance:

• Members would be appointed City Council.
• Members would be required to have knowledge of State and local Building and Fire Codes.
• Members are not required to be Marina residents and would serve without compensation. • The City of Marina Building Official or designee would serve as secretary to the Board.

ENVIROMENTAL REVIEW
The creation of this Board is not subject to the California Environmental Quality Act pursuant to the commonsense exemption found in section 15061(b)(3) of the CEQA Guidelines.

FISCAL IMPACT
The anticipated cost to create and manage the Board would be minimal and limited to administrative support and legal counsel on an as -needed basis. Currently the adopted fee schedule contains a fee type “Appeal to Board of Appeals” for $1,740 per appeal. This cost would cover appropriate staff time to review the appeal.

CONCLUSION
City staff are recommending approval of the revised ordinance to create a Building Board of Appeals.

2 Respectfully submitted

_____________________
Jessica Edwards
Chief Building Official
City of Marina

REVIEWED BY:

____________________________
Guido Persicone, AICP
Community Development Director
City of Marina

_______________________________
Layne Long
City Manager
City of Marina

3 ORDINANCE NO. 2025-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING TITLE 2 OF THE MARINA MUNICPAL CODE TO CREATE A BULDING APPEALS BOARD.

-oOo-

1. The Community Development Department (CDD) for the City of Marina (City), through its regular use and implementation of the Marina Municipal Code (MMC), discovered that the City has not established a board for hearing appeals of orders, decision, and determinations made by the building official, or his or her designee, regarding the application and interpretation of housing laws set forth in California Health and Safety C ode, the Marina Municipal Code Title 15, and all decisions by the fire chief and/or fir e marshal, or their designee, regarding the application and interpretation of the California Fire Code, Chapter 15.32.

2. Through this amendment, the City seeks to create a Building Appeals Board.

3. The proposed ordinance adds new Chapter 2.56 (Building Appeals Board) to MMC Title 2, Administration and Personnel, of the MMC (Ordinance).

4. The establishment of a Building Appeals Board is necessary for the preservation of the public peace, health, or safety, and without this action the City lacks a critical mechanism to enforce the California Building Code, including matters related to general building design, construction requirements relating to fire and life safety, and access compliance.

5. The City Council held a duly noticed public hearing on the Ordinance on June 3, 2025.

6. The Ordinance is not subject to environmental review pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Sections 21000 et seq., because the activity would not result in a direct or reasonably foreseeable indirect physical ch ange in the environment and the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed action merely updates the Municipal Code to creat e a board to hear building appeals, there is no possibility that the activity in question may have a significant effect on the environment. Therefore, the adoption of this Ordinance is exempt from CEQA, and no environmental review is necessary.

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

SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. The City Council of the City of Marina determined the proposed ordinance amendment is exempt from the California Environmental Quality Act pursuant to CEQA Guideline Section 15061(b)(3).

SECTION 3. The City Council hereby amends the MMC to add Chapter 2.56, as set forth in Exhibit 1.

SECTION 4. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance of the absence of any such invalid part.

SECTION 5. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.

SECTION 6. This Ordinance shall be in full force and effect third (30) days after its final passage and adoption.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________
Bruce C. Delgado, Mayor
ATTEST:
______________________
Anita Sharp, Deputy City Clerk
5 “Exhibit 1”
Chapter 2.56

BUILDING APPEALS BOARD
Sections:

Sec. 2.56.010 Creation and membership.

Sec. 2.56.020 Qualifications
Sec. 2.56.030 Powers and duties
Sec. 2.56.040 Limitations
Sec. 2.56.050 Meetings
Sec. 2.56.060 Appeal Procedures
Sec. 2.56.070 Waiver
Sec. 2.56.080 Conduct of the appeal hearing
Sec. 2.56.090 Statement of decision
Sec 2.56.100 Appeal of the statement of decision.

2.56.010 Creation and membership.

(a) The “Building Appeals Board” is established and shall consist of five members appointed by the city council.

(b) Members of the building appeals board need not be residents of Marina, but is preferred.

(d) Members of the board must not be employees of the city of Marina.

(e) A member may not have any interest in the property which is the subject of the appeal to the board.

2.56.020 Qualifications.

Members of the board shall be persons who are qualified by experience, training or licensing to pass on matters pertaining to building construction. The city council shall endeavor to appoint persons who are knowledgeable in the construction or design of buildings and who are familiar with the content and application of the building standards code.

2.56.030 Powers and duties.

It shall be the function of the building appeals board to hear and decide appeals from orders, decisions or determinations made by the building official, or his or her designee, regarding the application and interpretation of housing laws set forth in California Health and Safety Code, the Marina Municipal Code Title 15—except Chapters 15.36, 15.48, 15.54, and 15.56—and all decisions by the fire chief and/or fire marshal, or their designee, regarding the application and interpretation of the California Fire Code, Chapter 15.32.

2.56.040 Limitations.
6 The board shall have no authority to waive requirements of the Marina Municipal Code.

2.56.050 Meetings.

The board shall meet only as needed when an appeal is filed pursuant to this chapter.

2.56.060 Appeal Procedures.

(a) An applicant for a post-entitlement phase permit (as defined in Cal. Health & Safety Code § 65913.3) may appeal a decision determining the permit to be incomplete, noncompliant or denied to the building appeals board. Any person, firm, or corporation adversely affected by any orders, decision, and determinations made by the building official, the fire chief or fire marshal, or their designees in interpreting, administering or enforcing any provision of title 15, or any rule or regulation adopted by the department of housing and community development, may appeal the order, decision and/or determination to the building appeals board.

(b) An application for appeal shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the city council. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Only matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(c) The application for appeal shall be filed in writing with the chief building official no later than ten days after receipt of written notice of the determination. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the building appeals board and a failure to exhaust administrative remedies.

(d) Within 30 days of receiving an appeal, the chief building official shall schedule a hearing before the building appeals board. Appellant shall be given at least ten days written notice of the date and time of the hearing. Notice of the hearing shall be served personally or by first-class mail addressed to the appellant at the address shown on the appeal and shall be deemed complete at the time notice is personally served or deposited in the mail.

Sec. 2.56.070 Waiver.

Failure of the appellant to appear at the hearing after notice has been provided as stated in this article, shall be deemed a waiver of the hearing and an admission that the determination being appealed is correct. In the event of such failure to appear, the city may move forward with enforcement of the determination. Fees assed for filing the appeal are nonrefundable in the event of a failure to appear.

Sec. 2.56.080 Conduct of the appeal hearing.

(a) The board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent of and purpose of this code.

7 (b) Hearings shall be open to the public, recording minutes of its proceedings, and providing copies of the minutes for inspection as a public record.

(c) At the hearing, the parties shall be given an opportunity to be heard and have the right to call and examine witnesses on any matter relevant to the issues of the hearing, to introduce documentary and physical evidence, to cross-examine witnesses on any matter relevant to the issues of the hearing, and to be represented by any person who is lawfully permitted to so represent.

(d) Any relevant evidence shall be admitted if it is of the type of evidence that responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the formal rules of evidence. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded.
(e) The hearing may be continued if necessary.

Sec. 2.56.090 Statement of decision.

(a) The decision of the board shall be determined by the majority of the board. The board shall affirm, modify or set aside the determination that is appealed and shall prepare a written statement of decision. The statement of decision shall be based on the evidence received, shall be final and conclusive and shall contain a statement of decision relevant to the issues. The statement of decision shall set forth the time within which the parties shall carry out their obligations if applicable.

(b) The statement of decision shall be completed and mailed to the parties no later than 14 calendar days after close of the hearing and shall notify the appellant that superior court review shall be commenced no later than 90 calendar days after the board mails the statement of decision first class, postage prepaid, with a proof of service to the parties.

The secretary shall provide a copy of the report to the administrative office whose determination was appealed and shall maintain a copy in the board’s records.

(d) The secretary shall compile the full record of the hearing under this article, including all exhibits and documents offered as evidence, whether or not admitted, and an audio recording of the proceeding.

Sec. 2.56.100 Appeal of the statement of decision.

Any appeal of the board’s statement of decision must be filed with a court of competent jurisdiction pursuant to California code of civil procedure sections 1094.5 and 1094.6 within 90 calendar days of the service of the decision, otherwise all objections will have been waived. The filing of such appeal within such time limit shall stay the effective date of the decision of the board.

1922140.1
8 May 14, 2025 Item No. 11d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 3, 2025
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 25-,
APPROVING THE 2025 ENGINEERING AND TRAFFIC SURVEY WITH PROPOSED SPEED LIMIT REVISIONS, AND; AUTHORIZE A BUDGET APPROPRIATION OF $10,000 OF GAS TAX/STREET FUND FOR SIGNS AND SUPPLIES, AND; AUTHORIZE THE FINANCE DIRECTOR TO
MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES, AND;
CONSIDER INTRODUCING ORDINANCE NO. 20 25- FOR FIRST

READING BY TITLE ONLY, AND WAIVING FURTHER READING,
AMENDING SECTION 10.60.010 “SPEED LIMITS ESTABLISHED” OF CHAPTER 10.60 “SPEED LIMITS” OF TITLE 10 “VEHICLES AND TRAFFIC” OF THE MUNICIPAL CODE TO ADOPT PRIMA FACIE

SPEED LIMITS PURSUANT TO ENGINEERING AND TRAFFIC SURVEY

AND THE CALIFORNIA VEHICLE CODE (CVC)
REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 2025-, approving the 20 25 Engineering and Traffic Survey with recommended speed limits, and;

2. Authorize a budget appropriation of $10,000 of Gas Tax/Street Fund for signs and supplies, and;

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

4. Consider introducing Ordinance No. 2025-, for first reading by title only and waive further reading, amending Section 10.60.010 “Speed Limits Established” of Chapter 10.60 “Speed Limits” of Title 10 “Vehicles and Traffic” to adopt prima facie speed limits1 pursuant to an engineering and traffic survey and the California Vehicle Code (CVC).

BACKGROUND:

California Vehicle Code (CVC) section 40802b requires that Engineering and Traffic Surveys for speed limits must be conducted once every five years by governing municipalities.

In order for the speed limit on a collector or arterial street to be enforceable by the Police Department through the use of radar or other electronic device to measure speed, the speed limit must be set in accordance with a n Engineering and Traffic Survey. The California Vehicle Code states that if a posted speed limit is not justified by a traffic and engineering survey, the City may not prove a violation of the posted limit by the use of radar or any other electronic device (CVC 40802).
1 Prima facie speed limits, as used in California and some other states, are not absolute limits. A motorist may have a valid defense to exceeding the prima facie speed limit if he or she can prove in a court that his or her speed was reasonable and prudent.
1 On November 20, 2024 , t he City entered into a Service Agreement with the on -call traffic engineering firm Kimley Horn to conduct and draft an Engineering and Traffic Survey. This Engineering and Traffic Survey (E&TS) is intended to serve as the basis for the establishment and enforcement of speed limits for selected streets within the City of Marina.

At the regular meeting of May 1, 2025 the Public Works Commission received an information update on the 2025 Engineering & Traffic Survey . The Commission passed a 3 to 1 motion to recommend a further reduction of 5 mph for Street #4 (Del Monte – from Reservation to Beach) and to re-evaluate Streets #9 and 10 (Reservation – from Crescent to Salinas) for possibly a third segment between them.

At the regular meeting of May 6, 2025, the City Council adopted Resolution No. 2025 -38, 2025- 38, a pproving the 2025 Engineering and Traffic Survey with recommended speed limits; and authorize staff to review comments from the City Council and return the Survey recommendations for final acceptance on May 20, 2025.

ANALYSIS:

Engineering and traffic surveys (E&TS) for speed limits are regularly conducted once every five (5) years by governing municipalities for the purpose of complying with Section 40802(a) of the California Vehicle Code (CVC) and the national Uniform Vehicle Code. Engineering and traffic surveys may be extended to every seven (7) years if criteria are met, or every ten (10) years if a registered engineer evaluates the section of the highway and determines that no significant changes in roadway or traffic condition s have occurred as specified in Sec tion 40802(c) of the California Vehicle Code (CVC).

In addition, an engineering and traffic survey should be conducted on newly constructed roadways or roadways where the roadway conditions have significantly changed. The latest Assembly Bill (AB)-43-Traffic Safety would extend the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer, as specified, to 14 years.

The California Governor’s office approved AB 43 on 8 October 2021, which included amendments to Sections 627, 21400, 22352, 22354, 22358, and 40802 of, and to add Sections 22358.6, 22358.7, 22358.8, and 22358.9 to, the California Vehicle Code (CVC), relating to traffic safety.

Previous E&TS study was conducted in the Year 2020 and included 43 roadway segments. This current E&TS study includes a total of 45 roadway segments. The final draft speed limit recommendations for the 45 roadway segments are summarized in “EXHIBIT A ”. The entire report has been attached as “EXHIBIT B”. To enforce the recommendations in Exhibit A, the City must adopted the revisions to the speed limits into Municipal Code section 10.60.010 “ SPEED LIMITS ESTABLISHED”.

The comments collected from the Public Works Commission meeting of May 1 st and the City Council meeting of May 6th have been compiled and summarized in “EXHIBIT C”. It is important to note that the E&TS does not have supporting evidence to lower the recommended speed limits for Segment 44 (Abrams Drive – Imjin Parkway[West] to Preston Drive]) and Segment 45 (Marina Heights Drive – California to Imjin Parkway) from the initial recommended 30 MPH to the requested 25 MPH. Although the City could adopt the lower speed limit into its Municipal Code, the City may have difficulty defending the lower speed limit if it were to be challenged in Court.

Marina City CouncilJune 3, 2025

Marina City Council
June 3, 2025