AGENDA
Tuesday, April 21, 2026 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK
SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR
AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.
The most effective method of communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record.
Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting.
VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 2
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
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)(4)), 1 potential case. City Council to consider initiation of litigation pursuant to Government Code § 54956.9(d)(4). b. Conference with Legal Counsel: Existing Litigation (Govt. Code § 54956.9(d)(1)), 1 case
i. Knopf, et al. v. Chaparral Country Corporation, Inc., City of Marina, et al., 26CV000910, Monterey County 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. Dr. Michael McDermott, CEO Montage
b. Marina Connect Q1 update
c. Sidewalk shaving project update and presentation.
d. Imjin Parkway Median Update Presentation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appropriate place to comment on items on the Consent Agenda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 3
considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non -controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 108945-109091, totaling $2,566,882.18 Accounts Payable Successor Agency EFT No. 142, totaling $3,613.75 b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) April 7, 2026, 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 Marie Barnald for a claim received on April 13, 2026
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. 2026 -, fixing and levying a special tax for principal and interest payments and administrative costs on the 2015 General Obligation Refunding Library Bonds for fiscal year 2026 -2027; and Consider adopting Resolution No. 2026-, certifying compliance with State Law (Proposition 218) with respect to special taxes for the 2015 General Obligation Refunding Library Bonds Levy for Fiscal Year 2026-2027.
(2) Adopting Resolution No. 2026-, approving summary vacation of a portion of Del Monte Boulevard fronting the Marina Station Development Project Subdivision, finding such vacation exempt from referral to planning agency, declaring such vacated land to be “exempt surplus” land, and authorizing the City Manager to execute the quitclaim deed on behalf of the city, subject to Surplus Land Act guidelines.
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 4
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2026 -, approving an agreement with Peckham & McKenney to provide recruitment services to the City of Marina for the Finance Director recruitment.
(2) Adopting Resolution No. 2026 -, approving Ground Lease Agreement between City of Marina and Joby Aero, Inc. for a 14,495 square feet (±
0.33 gross acres) portion of the developed east tarmac, at 3200 -C Imjin Road.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title only and consider adopting Ordinance No. 2026 -04, approving amendments to the Military Equipment Use Policy (Policy 707) authorizing the acquisition and use of additional military equipment for 2026 and renewing Chapter 9.26 of the Marina Municipal Code; and direct that the approved policy, annual report, and updated equipment list be posted on the City of Marina website as required by Government Code §7071(d).
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, take testimony from the public and consider introducing Ordinance No. 2026 -, adopting the proposed amendments to Section 17.42.170 Short -Term Rentals (STR) of the Marina Municipal Code; and find that adoption of the ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines . Continued from April 7, 2026
b. Open public hearing and consider adopting Resolution No. 2026 -, amending the City’s Master Fee Schedule to reflect adjustments by the Consumer Price Index (CPI) to reflect inflation, new fees, and certain other charges.
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 5
a. Presentation by Marina Police Department on the 2025 Firework Impacts; and planned Firework activities for July 2026.
b. Receive an informational update and presentation regarding the Downtown Community Workshop held on March 24, 2026; and Provide direction for city staff.
c. Adopting Resolution 2026-, authorizing staff to issue a request for proposals (RFP) for landscape architectural design services for an Asian American Garden at Locke -Paddon Park and authorize staff to solicit proposals and return to Council with a recommended consultant.
d. Adopting Resolution No. 2026 -, a pproving an amendment to the 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.
e. Receive an informational update regarding city facilities and potential November ballot measure; and Provide direction for city staff.
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, April 17, 2026.
___________________________________
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.
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 6
Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884 -1278 or e -mail:
[email protected]. Requests must be made at least 48 hours in advance of the meeting.
U p c o m i n g 2026 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, May 5, 2026
Tuesday, May 19, 2026
Tuesday, September 1, 2026
Tuesday, September 15, 2026
Tuesday, June 2, 2026
Tuesday, June 16, 2026
Tuesday, October 6, 2026
Tuesday, October 20, 2026
Tuesday, July 7, 2026
Tuesday, July 21, 2026 (Cancelled)
***Wednesday, November 4, 2026
Tuesday, November 17, 2026
** Wednesday, August 5, 2026
Tuesday, August 18, 2026 (cancelled)
Tuesday, December 1, 2026
Tuesday, December 15, 2026
** Regular Meeting rescheduled due to National Night Out *** Regular Meeting rescheduled due to City Election Day
C I T Y H A L L 202 6 H O L I D A Y S
(City Hall Closed)
Memorial Day ------------------------------------------------------------- Monday, May 25, 2026 Juneteenth Day--------------------------------------------------------------- Friday, June 19, 2026 Independence Day (City Offices Closed) ---------------------------------- Friday, July 3, 2026 Labor Day ------------------------------------------------------------ Monday, September 7, 2026 Veterans Day (City Offices Closed) ------------------------- Wednesday, November 11, 2026 Thanksgiving Day ------------------------------------------------- Thursday, November 26, 2026 Thanksgiving Break -------------------------------------------------- Friday, November 27, 2026 Winter Break ----------------- Thursday, December 24, 2026- Thursday, December 31, 2026
Agenda for City Council Meeting of Tuesday, April 21, 2026 Page 7
2026 COMMISSION DATES
U p c o m i n g 2026 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.
April 22, 2026 July 8, 2026
July 22, 2026
November 11, 2026
November 25, 2026 (Cancelled)
May 14, 2026 August 12, 2026 December 9, 2026
May 28, 2206 August 26, 2026 December 23, 2026
June 10, 2026 September 9, 2026 November 11, 2026
June 24, 2026 September 26, 2026
October 14, 2026
October 23, 2026
U p c o m i n g 2026 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.
May 7, 2026 August 6, 2026 November 5, 2026
June 4, 2026 September 3, 2026 December 3, 2026
July 2, 2026 October 1, 2026
U p c o m i n g 2 0 2 6 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
4th Wednesday of every second month. Meetings are held at the Council Chambers at 6:30 P.M.
May 6, 2026
July 22, 2026
September 23, 2026
December 2, 2026
U p c o m i n g 2 0 2 6 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 8, 2026 October 14, 2026
Mike McDermott, MD, MBA
President and CEO, Montage Health
Marina City Council Meeting — April 21, 2026
Agenda Item: 6a
Before Montage Health
Our Conversation
Access to care
Economic and workforce vitality
Partnering for our community
Access to Care: Primary, Specialty, and Urgent Care
Montage Medical Group
30+ specialties
230,000 patient visits annually
MoGo Urgent Care
3 locations across the peninsula
48,000 patient visits annually
NEW: Montage Orthopedics
& Sports Medicine
Access to Care: New Life-Saving Stroke Care
Economic Vitality: Workforce Recruitment & Retention
Healthcare Careers Academy MPC & CSUMB partnerships Clinical Careers Program
Economic Vitality:
Home Loan Program
Making homeownership more
attainable for our employees
Supporting long-term workforce
stability
Working Together for a Healthier Marina
Thank you
Questions?
2025 Sidewalk Assessment
& Off-Set Repair Project
Presented by: Precision Concrete Cutting
Presented to: City of Marina
Project name: Citywide Sidewalk
Assessment & Repair Project
Agenda Item: 6c
Sidewalk Off-set Repair Project Update
Citywide Uneven Sidewalk Repair Project
Projections:
• 26 Off-set sidewalk repairs per mile
• $2,500 cost of off-set sidewalk repair per mile
• Cost: $210,000 ( $200K City and $10K MBAISA)
Actual:
• 52 Off-set sidewalk repairs per mile
• $4,916 cost of off-set sidewalk repair per mile
• Cost: $424,422.90
Additional budget needed:
Shaving= $203, 051
Patching= $30,000
Total cost to complete citywide= $233,051
(includes 5% discount)
Assessment & Repair
Criteria & Categories
Assessment Technician Remove & Replace (R&R)
Off-set > 2” or Cracked & Broken
Miscellaneous (ATTN)
Off-sets ½” not repaired by traditional methods
Uneven Sidewalks (PCC Repair)
Off-sets .25-2”
Off-set Repair Details
Completed:
• 50% of City
• 672 address
• 2,055 repairs
• Total cost: $210,000
Pending:
• 1,031 address
• 2,327 repairs
• Total cost: $213,738
After 5% discount: $203, 051
Map of off-set sidewalk repairs City of Marina: green complete and red pending Sidewalk Remove & Replace
Metrics:
527 Addresses
666 locations
92,000 Square Feet
Cost Estimates:
Total estimated cost: $2,280,725
Cost per address: $4,327
Based on $25 per square foot
Map of sidewalk remove and replace in the City of Marina Miscellaneous Repairs
• PCC can repair holes or 74% for $30,000
Utility Hole
Map of Miscellaneous sidewalk repairs in the City of Marina Summary of Defects
Sidewalk Condition Data
• Searchable, centralized sidewalk database
• Digital records for each sidewalk location
• Before-and-after photographs of every repair
• Date- and time-stamped task documentation
• Defensible records for claims and audits
• Data used to prioritize and manage remaining repairs
Export of sidewalk repair before/after site photograph with date/time stamp Sidewalk R&R Condition Data
Screenshot of Dataworks Asset Management desktop portal.
Site Map Google Street View Dataworks Data Panel
Benefits of Shaving Sidewalk Repair
Reduces Liability & Lawsuits
• Eliminates trip hazards before they lead to claims
• ADA-compliant repairs reduce legal exposure
Improves Public Safety & Access
• Safer walkways for seniors, children, and all residents • Meets ADA 2010 and PROWAG accessibility standards
Preserves Trees & Sidewalks
No root cutting or tree removal required
Sustainable alternative to full sidewalk replacement
Site photograph: Los Arboles Middle School
After
Saving from Shaving off-set repair
Next Steps
• Assign an additional $233,051 to complete citywide sidewalk shaving. • Establish a Sidewalk Management Program.
• Coordinate ongoing maintenance.
• Allocate $25,000 annually for on-call sidewalk shaving. • Implement a cost-share program for sidewalk replacement. • Send notices for sidewalk replacement locations.
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.465 - Prof Svc Legal - Special Counsel
12348 - RICHARDS, WATSON & GERSHON
A PROFESSIONAL CORPORAT
257881 Professional Services -
MPWSP - February
2026 - CIty's Share
Paid by Check
# 109027
03/31/2026 04/02/2026 04/02/2026 04/10/2026 14,946.75
11505 - Shartsis Friese LLP 5522953 Professional Services - MPWSP - February
2026
Paid by Check
# 109029
03/24/2026 03/30/2026 03/30/2026 04/10/2026 315,324.42
Account 6300.465 - Prof Svc Legal - Special Counsel Totals Invoice Transactions 2 $330,271.17 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $330,271.17 Division 000 - Non-Div Totals Invoice Transactions 2 $330,271.17 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 2 $330,271.17 Department 125 - I. T.
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.330 - Prof Svc IT - Information Tech Svc
10897 - TechRx Technology Services
Corporation
13620 IT Support - March
2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 11,400.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $11,400.00 Account 6300.331 - Prof Svc IT - Website Svc
10897 - TechRx Technology Services
Corporation
13606 Zoom - March 2026 Paid by EFT #
7513
03/31/2026 04/02/2026 04/02/2026 04/10/2026 582.83
Account 6300.331 - Prof Svc IT - Website Svc Totals Invoice Transactions 1 $582.83 Account 6360.076 - Maint & Repairs Copier
10592 - U.S. Bank Equipment Finance-
USbancorp
578718652 CDD Copier Lease
Payment - April 2026
Paid by Check
# 109037
03/30/2026 04/03/2026 04/03/2026 04/10/2026 225.06
Account 6360.076 - Maint & Repairs Copier Totals Invoice Transactions 1 $225.06 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services
Corporation
13631 Amazon Glacier -
Subscription - April
2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 475.00
10897 - TechRx Technology Services
Corporation
13630 Veeam O365 Backup &
Glacier Storage - April
2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 400.00
10897 - TechRx Technology Services
Corporation
13627 Veeam Subscription -
April 2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 544.00
10897 - TechRx Technology Services
Corporation
13628 Ninite Subscription -
April 2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 216.00
10905 - Taygeta Scientific, Inc. 000708-R-0061 Barracuda Spam Firewall - April 2026
Paid by Check
# 109035
04/01/2026 03/23/2026 03/23/2026 04/10/2026 585.60
10905 - Taygeta Scientific, Inc. 000423-R-0088 Computer Network Defense - April 2026
Paid by Check
# 109035
04/01/2026 03/23/2026 03/23/2026 04/10/2026 2,833.33
Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 1 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
Agenda Item: 10a
1 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 125 - I. T.
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services
Corporation
13663 VMware Support
Contract Renewal -
2026
Paid by EFT #
7513
03/01/2026 04/03/2026 04/03/2026 04/10/2026 5,400.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 7 $10,453.93 Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade 10897 - TechRx Technology Services
Corporation
13626 Citywide MS Office 365
- April 2026
Paid by EFT #
7513
04/01/2026 04/02/2026 04/02/2026 04/10/2026 2,937.20
Account 6360.345 - Maint & Repairs Citywide Microsoft Ofc Upgrade Totals Invoice Transactions 1 $2,937.20 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $25,599.02 Division 000 - Non-Div Totals Invoice Transactions 11 $25,599.02 Department 125 - I. T. Totals Invoice Transactions 11 $25,599.02 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberger LLP 295954 Defend City in Handcar Lawsuit - February
2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 22,965.17
11964 - Shute Mihaly & Weinberger LLP 295956 City Attorney Services - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 31,845.54
11964 - Shute Mihaly & Weinberger LLP 295957 Police Department - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 5,017.56
11964 - Shute Mihaly & Weinberger LLP 295959 Public Works - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 12,630.53
11964 - Shute Mihaly & Weinberger LLP 295960 Parks - February 2026 Paid by EFT # 7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 4,941.13
11964 - Shute Mihaly & Weinberger LLP 295961 Finance - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 1,695.40
11964 - Shute Mihaly & Weinberger LLP 295962 Human Resources and Risk - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 519.00
11964 - Shute Mihaly & Weinberger LLP 295963 Planning
Commission/Developm
ent - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 23,365.29
11964 - Shute Mihaly & Weinberger LLP 295965 Code Enforcement - February 2026
Paid by EFT #
7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 6,602.33
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 9 $109,581.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $109,581.95 Division 000 - Non-Div Totals Invoice Transactions 9 $109,581.95 Department 150 - City Attorney Totals Invoice Transactions 9 $109,581.95 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 2 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
2 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.230 - Prof Svc Fin - Tax Reporting & Audit 11476 - Chavan & Associates LLP C&A-19104 audit srvcs:
Abrams/Preston/Marina
Club Casino
Paid by Check
# 108953
04/01/2026 04/06/2026 04/06/2026 04/10/2026 1,500.00
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN061182 Transaction Tax Jan-
March 2026
Paid by EFT #
7502
03/28/2026 04/06/2026 04/06/2026 04/10/2026 586.60
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN060962 Sales Tax and Audit
Srvs January-March
2026
Paid by EFT #
7502
03/28/2026 04/06/2026 04/06/2026 04/10/2026 1,581.31
Account 6300.230 - Prof Svc Fin - Tax Reporting & Audit Totals Invoice Transactions 3 $3,667.91 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000025024772 CALNET3-9391023471 (582-0100)
Paid by Check
# 108948
03/27/2026 04/03/2026 04/03/2026 04/10/2026 66.31
10758 - AT & T CALNET3 000025024778 CALNET3-9391023477 (582-9803)
Paid by Check
# 108948
03/27/2026 04/03/2026 04/03/2026 04/10/2026 31.91
10758 - AT & T CALNET3 000025032140 CALNET3-9391023441 (384-0888)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 31.91
10758 - AT & T CALNET3 000025032164 CALNET3-9391023463 (384-7854)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 31.91
10758 - AT & T CALNET3 000025032136 CALNET3-9391023437 (384-0425)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 62.29
10758 - AT & T CALNET3 000025032169 CALNET3-9391023468 (384-9148)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 31.91
10758 - AT & T CALNET3 000025032139 CALNET3-9391023440 (384-0860)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 31.96
10758 - AT & T CALNET3 000025032167 CALNET3-9391023466 (384-8477)
Paid by Check
# 108948
03/28/2026 04/03/2026 04/03/2026 04/10/2026 62.26
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 8 $350.46 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric March 2026 313
-6
PG&E 6793435313-6 Paid by Check
# 109025
03/27/2026 04/03/2026 04/03/2026 04/10/2026 8,887.75
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $8,887.75 Account 6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account 465401592001 Office Supplies and 1 case of 8.5x14 copier
paper
Paid by Check
# 109023
04/03/2026 04/03/2026 04/03/2026 04/10/2026 190.55
10469 - Stordok 53550699 Document Shredding -
City Hall
Paid by EFT #
7512
02/24/2026 03/23/2026 03/23/2026 04/10/2026 85.00
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $275.55 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 3 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
3 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 9-222-14877 HR Documents Shipped Paid by Check # 109006
03/20/2026 03/23/2026 03/23/2026 04/10/2026 101.13
10235 - FedEx 9-230-72545 Shipping Charges
documents overnighted
to Attorney and
returned
Paid by Check
# 109006
03/27/2026 03/23/2026 03/23/2026 04/10/2026 122.54
10235 - FedEx 9-240-34524 Shipping Charges -
Marina Station Tax
Levy 2026-1
Documents
Paid by Check
# 109006
04/03/2026 04/03/2026 04/03/2026 04/10/2026 82.88
10480 - Pitney Bowes 3107733649 Postage Meter
Property/Possessory
Interest Tax
Paid by Check
# 109026
03/13/2026 03/23/2026 03/23/2026 04/10/2026 148.62
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 4 $455.17 Account 6600.600 - Other Charges Other
11317 - First American Title Company 14507-
145075257
CLTA Condition Title
Guarantee/Search -
3200 Del Monte Blvd
Paid by Check
# 109007
03/06/2026 04/03/2026 04/03/2026 04/10/2026 3,050.00
Account 6600.600 - Other Charges Other Totals Invoice Transactions 1 $3,050.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 19 $16,686.84 Division 000 - Non-Div Totals Invoice Transactions 19 $16,686.84 Department 190 - Citywide Non-Dept Totals Invoice Transactions 19 $16,686.84 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11764 - Kurt Ashley / Secure Solutions 002159 POLICE BACKGROUND
GARCIA, JUAN
Paid by Check
# 109014
03/27/2026 04/26/2026 03/27/2026 04/10/2026 1,582.00
11899 - Robert Half International, Inc 66056302 TEMP POSITION
ADMIN ASST JOANN
WILSON
Paid by Check
# 109028
03/30/2026 03/31/2026 03/31/2026 04/10/2026 1,926.40
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $3,508.40 Account 6380.150 - Utilities Comm Phone System
10057 - Avaya, Inc. 2222068970 MONTHLY HARDWARE
SVCS AACT #
100828859
Paid by EFT #
7498
02/28/2026 03/30/2026 03/30/2026 04/10/2026 10.30
10057 - Avaya, Inc. 2222071531 MONTHLY HARDWARE
SVCS. ACCT #
100828859
Paid by EFT #
7498
03/03/2026 03/30/2026 03/30/2026 04/10/2026 2.19
Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 4 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
4 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.150 - Utilities Comm Phone System
10057 - Avaya, Inc. 2222074775 MONTHLY SERVICES
ACCT # 100828859
Paid by EFT #
7498
03/28/2026 03/30/2026 03/30/2026 04/10/2026 10.30
10374 - Maynard Group Inc. 302855 WIRELESS
CONVERTIBLE
HEADSET ACCT #
CIT800
Paid by EFT #
7505
03/30/2026 04/19/2026 03/31/2026 04/10/2026 340.61
10374 - Maynard Group Inc. IN2065114 UTILITIES PHONES
ACCT # AC3746
Paid by EFT #
7505
04/01/2026 05/01/2026 04/01/2026 04/10/2026 681.25
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 5 $1,044.65 Account 6400.565 - Material & Suppl Office Supplies
12392 - Quality Print + Copy, Inc. 24597 CITIZEN
COMMENDATION/COM
PLAINT FORM
Paid by EFT #
7508
03/27/2026 04/10/2026 04/01/2026 04/10/2026 103.79
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $103.79 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 9-231-55161 ACCT # 3995-9218-6 Paid by Check # 109006
03/27/2026 04/11/2026 03/31/2026 04/10/2026 21.01
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $21.01 Account 6500.620 - Training & Travel POST
11824 - Gabriel Rose - Employee 04-12-26 Per Diem - Field Training Officer
Paid by Check
# 109043
04/12/2026 04/12/2026 04/07/2026 04/10/2026 266.00
Account 6500.620 - Training & Travel POST Totals Invoice Transactions 1 $266.00 Account 6600.780 - Other Charges Transcription Svc
10544 - SpeakWrite de1ae4b2 TRANSCRIPTION
SERVICES ONLINE
REPORTING
Paid by Check
# 109031
04/01/2026 04/01/2026 04/01/2026 04/10/2026 1,615.69
Account 6600.780 - Other Charges Transcription Svc Totals Invoice Transactions 1 $1,615.69 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $6,559.54 Division 000 - Non-Div Totals Invoice Transactions 11 $6,559.54 Department 210 - Police Totals Invoice Transactions 11 $6,559.54 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 126138 Plan Review and Fire Alarm Inspection for
160 Beach Road
Paid by EFT #
7497
03/27/2026 03/31/2026 03/31/2026 04/10/2026 125.00
Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 5 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
5 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 126137 Residential Fire Sprinkler Inspection for
2415 Schooner Avenue
Paid by EFT #
7497
03/27/2026 03/31/2026 03/31/2026 04/10/2026 230.00
11788 - City Management Advisors LLC -
Peckham & McKenney
3FC-2026 One Third Payment of
Fire Chief Search
Paid by Check
# 108954
03/18/2026 04/06/2026 04/06/2026 04/10/2026 8,166.68
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $8,521.68 Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 12202 - Staples, Inc./Staples Contract &
Commercial LLC db
6059689926 Scanner for Chief
Sweeney
Paid by Check
# 109033
03/30/2026 03/31/2026 03/31/2026 04/10/2026 436.99
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 1 $436.99 Account 6360.850 - Maint & Repairs Vehicle
10599 - VALLEY SAW LLC/VALLEY SAW
AND GARDEN EQUIPMENT
437455 Spark Plug and
Carbrator Repair Kit
Paid by Check
# 109040
04/02/2026 04/06/2026 04/06/2026 04/10/2026 133.91
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $133.91 Account 6380.300 - Utilities Gas & Electric
10603 - Verizon Wireless 6139474066 371782403-00002 FD Mobile Feb 26 - Mar 25
Paid by EFT #
7514
03/25/2026 04/03/2026 04/03/2026 04/10/2026 584.44
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $584.44 Account 6400.565 - Material & Suppl Office Supplies
12202 - Staples, Inc./Staples Contract &
Commercial LLC db
6059689927 Paper Paid by Check
# 109033
03/30/2026 03/31/2026 03/31/2026 04/10/2026 46.42
12202 - Staples, Inc./Staples Contract &
Commercial LLC db
6060578820 Toner Paid by Check
# 109033
04/06/2026 04/07/2026 04/07/2026 04/10/2026 103.93
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $150.35 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 8 $9,827.37 Division 000 - Non-Div Totals Invoice Transactions 8 $9,827.37 Department 250 - Fire Totals Invoice Transactions 8 $9,827.37 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10080 - Branch's Janitorial 229062 Custodial Services for March 2026
Paid by EFT #
7499
03/25/2026 03/25/2026 03/25/2026 04/10/2026 2,886.35
10147 - Coast Counties Glass, Inc M14963 Glorya Jean Tate Window
Paid by Check
# 109000
03/19/2026 03/25/2026 03/25/2026 04/10/2026 430.00
12122 - Johnson Javier Rivas/J. Rivas
Electric
1894 City Hall Electrical
panel
Paid by Check
# 109012
02/23/2026 03/31/2026 03/31/2026 04/10/2026 4,590.00
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 3 $7,906.35 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 6 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
6 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.070 - Maint & Repairs Bdg Public Safety
12113 - Edward Here & Rodney
Herd/Abacherli Fence Co.
10062 Facilities PD Gate Paid by Check
# 109004
04/04/2026 04/06/2026 04/06/2026 04/10/2026 1,350.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $1,350.00 Account 6360.075 - Maint & Repairs Bdg Teen Center
10520 - MONTEREY ROTOCO, LLC / ROTO
ROOTER PLUMBERS
1929002465 304 Hillcrest Avenue
Marina, CA 93933 USA
Paid by Check
# 109021
03/24/2026 03/31/2026 03/31/2026 04/10/2026 3,568.25
Account 6360.075 - Maint & Repairs Bdg Teen Center Totals Invoice Transactions 1 $3,568.25 Account 6360.440 - Maint & Repairs Landscape General
10090 - California Department of Forestry
and Fire Pr.
0000001688850 Gabilan Camp CC#38 Paid by Check
# 108951
01/23/2026 04/03/2026 04/03/2026 04/10/2026 2,461.36
10090 - California Department of Forestry
and Fire Pr.
0000001688847 Gabilan Camp CC#38
September
Paid by Check
# 108951
01/23/2026 04/03/2026 04/03/2026 04/10/2026 2,461.36
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $4,922.72 Account 6360.690 - Maint & Repairs Supplies
10831 - Kompan, Inc. INV136667 Marina City Hall
Playgorund
Paid by EFT #
7503
02/25/2026 03/31/2026 03/31/2026 04/10/2026 554.22
12406 - MOST DEPENDABLE FOUNTAINS
INC.
INV88159 Parts Paid by Check
# 109022
03/19/2026 03/31/2026 03/31/2026 04/10/2026 1,216.70
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 2 $1,770.92 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10181 - Dave's Repair Service 40285 Fuel Station Work Paid by Check # 109001
04/01/2026 04/06/2026 04/06/2026 04/10/2026 1,303.56
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $1,303.56 Account 6400.737 - Material & Suppl Tools & Equip
10728 - Ace Hardware-Public Works 093436 Grounds Paid by Check # 108945
02/02/2026 04/02/2026 04/02/2026 04/10/2026 19.60
10728 - Ace Hardware-Public Works 093712 Grounds Paid by Check # 108945
03/11/2026 04/02/2026 04/02/2026 04/10/2026 46.96
12269 - ALK Services, Inc. / American Lock
and Key
1-21080 Keys Paid by Check
# 108946
03/16/2026 03/25/2026 03/25/2026 04/10/2026 23.22
10264 - Green Rubber-Kennedy AG S-825956 Grounds Paid by Check # 109011
03/31/2026 04/02/2026 04/02/2026 04/10/2026 301.26
10952 - MuttMitt - ZW USA Inc. 808219 City Mutt Mitts Paid by EFT # 7507
03/24/2026 04/02/2026 04/02/2026 04/10/2026 1,276.58
Account 6400.737 - Material & Suppl Tools & Equip Totals Invoice Transactions 5 $1,667.62 Account 6400.742 - Material & Suppl Sprinklers/Plants/Fertilizer 10368 - Martin's Irrigation Supply 698182 Grounds- Irrigation supplies
Paid by Check
# 109015
03/24/2026 04/02/2026 04/02/2026 04/10/2026 172.39
Account 6400.742 - Material & Suppl Sprinklers/Plants/Fertilizer Totals Invoice Transactions 1 $172.39 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 7 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
7 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6400.800 - Material & Suppl Uniform
11956 - Michael Cray - Employee only 030926 Boot Reimbursement Paid by Check # 109016
03/09/2026 03/25/2026 03/25/2026 04/10/2026 229.37
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110852558 PW Uniforms Paid by Check
# 109041
02/20/2026 04/02/2026 04/02/2026 04/10/2026 139.54
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110852560 PW Shop Supplies Paid by Check
# 109041
02/20/2026 04/02/2026 04/02/2026 04/10/2026 73.51
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110859950 PW Uniforms Paid by Check
# 109041
03/06/2026 04/02/2026 04/02/2026 04/10/2026 139.54
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110859951 PW Shop Supplies Paid by Check
# 109041
03/06/2026 04/02/2026 04/02/2026 04/10/2026 73.51
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110863659 PW Shop Supplies Paid by Check
# 109041
03/13/2026 04/02/2026 04/02/2026 04/10/2026 73.51
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110867337 Pw Shop Supplies Paid by Check
# 109041
03/20/2026 04/07/2026 04/07/2026 04/10/2026 74.09
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110867336 PW Uniforms Paid by Check
# 109041
03/20/2026 04/07/2026 04/07/2026 04/10/2026 283.35
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110870958 PW Uniforms Paid by Check
# 109041
03/27/2026 04/07/2026 04/07/2026 04/10/2026 203.70
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110870959 PW Shop Supplies Paid by Check
# 109041
03/27/2026 04/07/2026 04/07/2026 04/10/2026 74.09
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110874590 PW Shop Suplies Paid by Check
# 109041
04/03/2026 04/07/2026 04/07/2026 04/10/2026 74.09
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110874589 PW Uniforms Paid by Check
# 109041
04/03/2026 04/07/2026 04/07/2026 04/10/2026 445.58
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 12 $1,883.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 28 $24,545.69 Division 311 - Buildings & Grounds Totals Invoice Transactions 28 $24,545.69 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10825 - East Bay Tire Co. 2227377 Ford F350 #551 Paid by Check # 109003
03/30/2026 04/03/2026 04/03/2026 04/10/2026 74.88
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $74.88 Account 6360.850 - Maint & Repairs Vehicle
11230 - Golden State Truck & Trailer
Repair, Inc.
W52239 Unit 98-01 Spartan
Advantage
Paid by Check
# 109010
11/25/2025 03/17/2026 03/17/2026 04/10/2026 20,731.39
10825 - East Bay Tire Co. 2227377 Ford F350 #551 Paid by Check # 109003
03/30/2026 04/03/2026 04/03/2026 04/10/2026 1,177.32
11230 - Golden State Truck & Trailer
Repair, Inc.
w52885 Unit 21-01 Rosenbauer
151
Paid by Check
# 109010
12/18/2025 03/17/2026 03/17/2026 04/10/2026 6,282.14
Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 8 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
11230 - Golden State Truck & Trailer
Repair, Inc.
W53328 Unit 03-02 Ferrar
Ladder Truck
Paid by Check
# 109010
02/01/2026 03/17/2026 03/17/2026 04/10/2026 490.35
11230 - Golden State Truck & Trailer
Repair, Inc.
w53465 Unit 21-01 Rosenbauer
151
Paid by Check
# 109010
02/01/2026 03/17/2026 03/17/2026 04/10/2026 561.26
11230 - Golden State Truck & Trailer
Repair, Inc.
W53842 Service Charge Fees Paid by Check
# 109010
03/12/2026 04/01/2026 04/01/2026 04/10/2026 716.17
10331 - LEHR Upfitters OpCo, LLC / LEHR /
Lehr Auto
SI130849 2012 Chevy Colorado
Unit 886
Paid by EFT #
7504
03/27/2026 04/06/2026 04/06/2026 04/10/2026 3,238.41
12181 - Sound Billing, LLC / MyFleetCenter 7015975 PW Fleet Ford F150 2017
Paid by Check
# 109030
03/22/2026 03/31/2026 03/31/2026 04/10/2026 91.36
12181 - Sound Billing, LLC / MyFleetCenter 7016725 2024 Ford F150 Unit 5402
Paid by Check
# 109030
04/03/2026 04/06/2026 04/06/2026 04/10/2026 116.27
11230 - Golden State Truck & Trailer
Repair, Inc.
W53858 FD Unit 19-01
Rosenbauer Repairs
Paid by Check
# 109010
04/06/2026 04/06/2026 04/06/2026 04/10/2026 1,767.96
11230 - Golden State Truck & Trailer
Repair, Inc.
W53755 Window Repair Paid by Check
# 109010
04/06/2026 04/06/2026 04/06/2026 04/10/2026 579.99
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 11 $35,752.62 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $35,827.50 Division 313 - Vehicle Maint Totals Invoice Transactions 12 $35,827.50 Department 310 - Public Works Totals Invoice Transactions 40 $60,373.19 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.100 - Fee Agr Costs - Planning
10508 - Regional Government Services 20708 Dunes Phase 3 Planning Svcs Dec
2025
Paid by EFT #
7509
12/31/2025 03/04/2026 04/06/2026 04/10/2026 1,910.00
10508 - Regional Government Services 20832 Dunes Phase 3 Planning Svcs Jan 2026
Paid by EFT #
7509
01/31/2026 03/04/2026 04/06/2026 04/10/2026 2,483.00
Account 6330.100 - Fee Agr Costs - Planning Totals Invoice Transactions 2 $4,393.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $4,393.00 Division 000 - Non-Div Totals Invoice Transactions 2 $4,393.00 Department 410 - Planning Totals Invoice Transactions 2 $4,393.00 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 9 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
9 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.190 - Prof Svc Engineering Svc Interagency 10171 - CSG Consultants 64753 MCWD Paid by EFT #
7500
02/12/2026 03/25/2026 03/25/2026 04/10/2026 807.00
Account 6300.190 - Prof Svc Engineering Svc Interagency Totals Invoice Transactions 1 $807.00 Account 6400.565 - Material & Suppl Office Supplies
12392 - Quality Print + Copy, Inc. 23417 Business Cards Planning, Inspector,
CBO, Ptech
Paid by EFT #
7508
03/10/2026 04/03/2026 04/03/2026 04/10/2026 313.55
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $313.55 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $1,120.55 Division 000 - Non-Div Totals Invoice Transactions 2 $1,120.55 Department 420 - Engineering Totals Invoice Transactions 2 $1,120.55 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.070 - Prof Svc Building Plan Check & Inspection 10171 - CSG Consultants B260431 Plan Check Reviews
3/1/2026-3/31/2026
Paid by EFT #
7500
04/01/2026 04/07/2026 04/07/2026 04/10/2026 4,716.00
Account 6300.070 - Prof Svc Building Plan Check & Inspection Totals Invoice Transactions 1 $4,716.00 Account 6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept. 464496212001 BILL MORITZ
BOOKCASE
Paid by Check
# 109024
03/26/2026 04/07/2026 04/07/2026 04/10/2026 260.44
10734 - Office Depot-Public Works Dept. 464496213001 BILL MORITZ DESK Paid by Check # 109024
03/26/2026 04/07/2026 04/07/2026 04/10/2026 296.06
10734 - Office Depot-Public Works Dept. 464495223001 RACHEL CALCULATER Paid by Check # 109024
03/27/2026 04/07/2026 04/07/2026 04/10/2026 44.78
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 3 $601.28 Account 6600.490 - Other Charges Membership Prof Orgs
10897 - TechRx Technology Services
Corporation
13605 Bluebeam for Babak &
Bill
Paid by EFT #
7513
03/31/2026 04/02/2026 04/02/2026 04/10/2026 1,070.00
Account 6600.490 - Other Charges Membership Prof Orgs Totals Invoice Transactions 1 $1,070.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $6,387.28 Division 000 - Non-Div Totals Invoice Transactions 5 $6,387.28 Department 430 - Building Inspection Totals Invoice Transactions 5 $6,387.28 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 10 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 440 - Economic Dev
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN055220 Economic Development
Svc-Qrtr 3 2025 (July-
Sept 2025) CD
Paid by EFT #
7502
09/30/2025 03/26/2026 03/26/2026 04/10/2026 10,000.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $10,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10,000.00 Division 000 - Non-Div Totals Invoice Transactions 1 $10,000.00 Department 440 - Economic Dev Totals Invoice Transactions 1 $10,000.00 Department 510 - Recreation & Culture
Division 514 - Sports
Sub-Division 00 - Non-Subdiv
Account 6400.785 - Material & Suppl Trophies & Awards
12415 - Gerald Durham / Cypress Trophies
and Embroidery
03-02-26 shorts Paid by Check
# 109008
03/02/2026 04/03/2026 04/03/2026 04/10/2026 221.23
Account 6400.785 - Material & Suppl Trophies & Awards Totals Invoice Transactions 1 $221.23 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $221.23 Division 514 - Sports Totals Invoice Transactions 1 $221.23 Department 510 - Recreation & Culture Totals Invoice Transactions 1 $221.23 Fund 100 - General Fund Totals Invoice Transactions 111 $581,021.14 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 11 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
11 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
10728 - Ace Hardware-Public Works 093763 Guevara Paid by Check # 108945
03/16/2026 03/25/2026 03/25/2026 04/10/2026 7.60
12269 - ALK Services, Inc. / American Lock
and Key
3642 Hardware Paid by Check
# 108946
03/16/2026 04/03/2026 04/03/2026 04/10/2026 1,890.03
11909 - Val's Plumbing & Heating, Inc. 52533 190 SEASIDE CIR Paid by Check # 109039
03/10/2026 04/03/2026 04/03/2026 04/10/2026 448.62
Account 6360.060 - Maint & Repairs Bdg Library Totals Invoice Transactions 3 $2,346.25 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $2,346.25 Division 000 - Non-Div Totals Invoice Transactions 3 $2,346.25 Department 000 - Non-Dept Totals Invoice Transactions 3 $2,346.25 Fund 130 - Library Maintenance Totals Invoice Transactions 3 $2,346.25 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 12 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
12 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric March 2026 483
-6
PG&E - 3982644483-6 Paid by Check
# 109025
03/23/2026 04/01/2026 04/01/2026 04/10/2026 17,824.36
10463 - Pacific Gas & Electric March 026 458-
2 2702M Imjin Pkwy
(7115239458-2)
Paid by Check
# 109025
03/12/2026 03/26/2026 03/26/2026 04/10/2026 12.04
10463 - Pacific Gas & Electric March 2026 494
-7
3001M Imjin Pkwy
(607672494-7)
Paid by Check
# 109025
03/12/2026 03/26/2026 03/26/2026 04/10/2026 11.08
10463 - Pacific Gas & Electric March 2026 484
-0
2601 Imjin Pkwy M
(454673484-0)
Paid by Check
# 109025
03/12/2026 03/25/2026 03/25/2026 04/10/2026 14.02
10463 - Pacific Gas & Electric March 2026 657
-7
2501 M Imjin Pkwy
(4305819657-7)
Paid by Check
# 109025
03/12/2026 03/26/2026 03/26/2026 04/10/2026 14.78
10463 - Pacific Gas & Electric March 2026 313
-6
PG&E 6793435313-6 Paid by Check
# 109025
03/27/2026 04/03/2026 04/03/2026 04/10/2026 998.94
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 6 $18,875.22 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $18,875.22 Division 000 - Non-Div Totals Invoice Transactions 6 $18,875.22 Department 000 - Non-Dept Totals Invoice Transactions 6 $18,875.22 Fund 220 - Gas Tax Totals Invoice Transactions 6 $18,875.22 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 13 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
13 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 233 - Monterey Bay Estates AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric March 2026 313
-6
PG&E 6793435313-6 Paid by Check
# 109025
03/27/2026 04/03/2026 04/03/2026 04/10/2026 10.19
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10.19 Division 000 - Non-Div Totals Invoice Transactions 1 $10.19 Department 000 - Non-Dept Totals Invoice Transactions 1 $10.19 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 1 $10.19 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 14 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
14 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric March 2026 313
-6
PG&E 6793435313-6 Paid by Check
# 109025
03/27/2026 04/03/2026 04/03/2026 04/10/2026 9.53
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9.53 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $9.53 Division 000 - Non-Div Totals Invoice Transactions 1 $9.53 Department 000 - Non-Dept Totals Invoice Transactions 1 $9.53 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $9.53 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 15 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
15 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
12067 - Sterling Management / Sterling
Property Management
04-01-26 306 Reservation Road -
HOA Fee - April 2026
Paid by Check
# 109034
04/01/2026 04/03/2026 04/03/2026 04/10/2026 555.98
Account 6600.400 - Other Charges - Fees Totals Invoice Transactions 1 $555.98 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $555.98 Division 000 - Non-Div Totals Invoice Transactions 1 $555.98 Department 000 - Non-Dept Totals Invoice Transactions 1 $555.98 Fund 255 - Housing Assistance Fund Totals Invoice Transactions 1 $555.98 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 16 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
16 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12055 - Ghirardelli Associates, Inc 22084.003-13 Citywide Street Repair:
Phase 1
Paid by Check
# 109009
12/16/2025 03/31/2026 03/31/2026 04/10/2026 22,888.90
10425 - Monterey Peninsula Engineering 25-11-05 Citywide Street Repair Ph.1
Paid by Check
# 109020
03/27/2026 04/03/2026 04/03/2026 04/10/2026 534,890.14
10425 - Monterey Peninsula Engineering 25-12-28 Citywide Street Repair Ph.1
Paid by Check
# 109020
03/27/2026 04/03/2026 04/03/2026 04/10/2026 57,760.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 3 $615,539.04 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $615,539.04 Division 000 - Non-Div Totals Invoice Transactions 3 $615,539.04 Department 000 - Non-Dept Totals Invoice Transactions 3 $615,539.04 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 3 $615,539.04 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 17 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
17 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11084 - EMC Planning Group 24-074-16 24-074 Fort Ord Dunes State Park
Improvements - March
2026
Paid by Check
# 109005
03/31/2026 04/08/2026 04/08/2026 04/10/2026 10,706.48
10268 - Harris & Associates, Inc. 71570 Imjin Parkway
Improvement Plan
Paid by EFT #
7501
03/17/2026 04/01/2026 04/01/2026 04/10/2026 43,391.24
10268 - Harris & Associates, Inc. 71210 Imjin Parkway
Improvement
Paid by EFT #
7501
02/17/2026 04/01/2026 04/01/2026 04/10/2026 65,435.13
10425 - Monterey Peninsula Engineering 25-12-14 31 Imjin Widening Project Paid by Check # 109020
01/23/2026 04/01/2026 04/01/2026 04/10/2026 254,864.64
10425 - Monterey Peninsula Engineering 26-01-03 32 Imjin Widening Project Paid by Check # 109020
02/10/2026 04/08/2026 04/08/2026 04/10/2026 624,562.50
11489 - Wallace Group, Inc. 67453 Dunes Park through
March 31,2026
Paid by Check
# 109042
03/31/2026 04/07/2026 04/07/2026 04/10/2026 11,534.31
11489 - Wallace Group, Inc. 67503 Program Management
through February 28,
2026
Paid by Check
# 109042
03/31/2026 04/07/2026 04/07/2026 04/10/2026 29,675.25
10189 - Denise Duffy & Associates 10439 On-Call Environmental DD&A PROJECT #2025
-49
Paid by Check
# 109002
01/26/2026 04/02/2026 04/02/2026 04/10/2026 2,080.50
10189 - Denise Duffy & Associates 10237 On-Call Environmental DD&A PROJECT #2025
-49
Paid by Check
# 109002
11/06/2025 04/02/2026 04/02/2026 04/10/2026 1,017.50
10834 - Tyler Technologies, Inc.(Former
New World System)
045-557402 NWERP Follow-Up
Session with Lisa
Paid by Check
# 109036
03/24/2026 04/03/2026 04/03/2026 04/10/2026 350.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 10 $1,043,617.55 Account 6700.105 - Capital Outlay Construction
12406 - MOST DEPENDABLE FOUNTAINS
INC.
INV87675 Teen Center Paid by Check
# 109022
03/04/2026 04/03/2026 04/03/2026 04/10/2026 7,981.55
Account 6700.105 - Capital Outlay Construction Totals Invoice Transactions 1 $7,981.55 Account 6700.110 - Capital Outlay Equipment
11171 - Motorola Solutions, Inc. 1187170024 CCIP BODY WORN
CAMERA & VIDEO
SYSTEM
Paid by EFT #
7506
03/30/2026 04/29/2026 04/02/2026 04/10/2026 63,317.04
Account 6700.110 - Capital Outlay Equipment Totals Invoice Transactions 1 $63,317.04 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $1,114,916.14 Division 000 - Non-Div Totals Invoice Transactions 12 $1,114,916.14 Department 000 - Non-Dept Totals Invoice Transactions 12 $1,114,916.14 Fund 462 - City Capital Projects Totals Invoice Transactions 12 $1,114,916.14 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 18 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
18 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11964 - Shute Mihaly & Weinberger LLP 295964 Airport - February 2026 Paid by EFT # 7511
03/30/2026 03/30/2026 03/30/2026 04/10/2026 5,048.54
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $5,048.54 Account 6300.570 - Prof Svc Other
10316 - Kimley-Horn & Associates, Inc. 34987872 OAR Econ Impact Study services through
Feb 28,2026
Paid by Check
# 109013
02/28/2026 04/01/2026 04/01/2026 04/10/2026 8,832.00
10582 - Uline Shipping Supply 204940047 Perma Patch Paid by Check # 109038
03/03/2026 04/01/2026 04/01/2026 04/10/2026 401.79
11489 - Wallace Group, Inc. 67260 Airport Program
Management Through
January 31,2026
Paid by Check
# 109042
02/25/2026 04/01/2026 04/01/2026 04/10/2026 2,036.25
11489 - Wallace Group, Inc. 67504 Airport Program
Management Through
February 28,2026
Paid by Check
# 109042
03/31/2026 04/01/2026 04/01/2026 04/10/2026 1,524.75
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 4 $12,794.79 Account 6360.050 - Maint & Repairs Building
10035 - Ruth Maria Milla-Leon/Andersen's
Lock & Safe, Inc.
47162 Airport Keys Paid by EFT #
7510
01/20/2026 03/24/2026 03/24/2026 04/10/2026 58.45
10582 - Uline Shipping Supply 204940047 Perma Patch Paid by Check # 109038
03/03/2026 04/01/2026 04/01/2026 04/10/2026 1,617.04
Account 6360.050 - Maint & Repairs Building Totals Invoice Transactions 2 $1,675.49 Account 6400.565 - Material & Suppl Office Supplies
10728 - Ace Hardware-Public Works 093808 Airport Maintenance Supplies
Paid by Check
# 108945
03/20/2026 03/24/2026 03/24/2026 04/10/2026 186.73
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $186.73 Account 6400.800 - Material & Suppl Uniform
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110845212 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
02/06/2026 04/01/2026 04/01/2026 04/10/2026 28.77
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110852562 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
02/20/2026 04/01/2026 04/01/2026 04/10/2026 28.77
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110859952 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
03/06/2026 04/01/2026 04/01/2026 04/10/2026 28.77
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110867338 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
03/20/2026 04/01/2026 04/01/2026 04/10/2026 40.54
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110870960 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
03/27/2026 04/01/2026 04/01/2026 04/10/2026 40.54
10043 - VESTIS GROUP, INC./(f/k/a
ARAMARK UNIFORM & C
5110874591 Daves Uniform & First
Aid Kit
Paid by Check
# 109041
04/03/2026 04/08/2026 04/07/2026 04/10/2026 40.54
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 6 $207.93 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 19 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
19 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 6600.452 - Other Charges Leased Copier
11451 - Monterey Bay Office Products - US
Bank
577060650 Airport Lease Copier Paid by Check
# 109017
03/05/2026 04/01/2026 04/01/2026 04/10/2026 98.11
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $98.11 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 15 $20,011.59 Division 000 - Non-Div Totals Invoice Transactions 15 $20,011.59 Department 000 - Non-Dept Totals Invoice Transactions 15 $20,011.59 Fund 555 - Marina Airport Totals Invoice Transactions 15 $20,011.59 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 20 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
20 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 556 - Preston Park NonProfit Corp
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.215 - Prof Svc Fin - Audit
11476 - Chavan & Associates LLP C&A-19104 audit srvcs:
Abrams/Preston/Marina
Club Casino
Paid by Check
# 108953
04/01/2026 04/06/2026 04/06/2026 04/10/2026 4,250.00
Account 6300.215 - Prof Svc Fin - Audit Totals Invoice Transactions 1 $4,250.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,250.00 Division 000 - Non-Div Totals Invoice Transactions 1 $4,250.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $4,250.00 Fund 556 - Preston Park NonProfit Corp Totals Invoice Transactions 1 $4,250.00 Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 21 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
21 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 557 - Abrams B NonProfit Corp
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.215 - Prof Svc Fin - Audit
11476 - Chavan & Associates LLP C&A-19104 audit srvcs:
Abrams/Preston/Marina
Club Casino
Paid by Check
# 108953
04/01/2026 04/06/2026 04/06/2026 04/10/2026 4,250.00
Account 6300.215 - Prof Svc Fin - Audit Totals Invoice Transactions 1 $4,250.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,250.00 Division 000 - Non-Div Totals Invoice Transactions 1 $4,250.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $4,250.00 Fund 557 - Abrams B NonProfit Corp Totals Invoice Transactions 1 $4,250.00 Grand Totals Invoice Transactions 155 $2,361,785.08
Run by Melanie Hernandez on 04/09/2026 04:11:47 PM Page 22 of 22 Accounts Payable by G/L Distribution Report
Payment Date Range 04/10/26 - 04/10/26
22 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 191.26
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 156.84
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 250.70
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 104.19
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 219.78
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $922.77 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $922.77 Division 000 - Non-Div Totals Invoice Transactions 5 $922.77 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 5 $922.77 Department 125 - I. T.
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10905 - Taygeta Scientific, Inc. 001352 SonicWall Advanced Protection Security
Suite Renewal
Paid by Check
# 109083
04/10/2026 04/10/2026 04/10/2026 04/17/2026 6,628.00
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 1 $6,628.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $6,628.00 Division 000 - Non-Div Totals Invoice Transactions 1 $6,628.00 Department 125 - I. T. Totals Invoice Transactions 1 $6,628.00 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 10257 - Goldfarb & Lipman 492834 General - March 2026 Paid by EFT # 7551
04/14/2026 04/14/2026 04/14/2026 04/17/2026 1,314.00
10257 - Goldfarb & Lipman 492835 The Dunes - March
2026
Paid by EFT #
7551
04/14/2026 04/14/2026 04/14/2026 04/17/2026 73.00
10257 - Goldfarb & Lipman 492836 Affordable Housing -
March 2026
Paid by EFT #
7551
04/14/2026 04/14/2026 04/14/2026 04/17/2026 73.00
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 3 $1,460.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $1,460.00 Division 000 - Non-Div Totals Invoice Transactions 3 $1,460.00 Department 150 - City Attorney Totals Invoice Transactions 3 $1,460.00 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 1 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11835 - Environmental Innovations, Inc. 3526 SB1383 Compliance and Outreach
Paid by Check
# 109059
04/01/2026 04/09/2026 04/09/2026 04/17/2026 495.00
10315 - Keyser Marston Associates 0040639 Prof Svc - utility user tax
Paid by EFT #
7552
04/15/2026 04/15/2026 04/15/2026 04/17/2026 368.75
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $863.75 Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4265552465 Mat Service City Hall Paid by Check # 109053
04/09/2026 04/10/2026 04/10/2026 04/17/2026 73.18
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $73.18 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2026 562-
0 PG&E - 4758891562-0 Paid by Check
# 109076
04/10/2026 04/10/2026 04/10/2026 04/17/2026 1,537.28
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $1,537.28 Account 6400.565 - Material & Suppl Office Supplies
12248 - Blue Triton Brands Inc 06D872033978
3 Water Cooler Rentals
and Replacement
Water
Paid by Check
# 109048
04/14/2026 04/10/2026 04/10/2026 04/17/2026 207.93
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $207.93 Account 6400.635 - Material & Suppl Postage Shipping
10509 - Reserve Account - Pitney Bowes 04-13-26 Postage Meter Refill Paid by Check # 109078
04/13/2026 04/10/2026 04/10/2026 04/17/2026 1,500.00
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 1 $1,500.00 Account 6600.452 - Other Charges Leased Copier
10592 - U.S. Bank Equipment Finance-
USbancorp
579645490 City Hall Copier Lease
Payment - April 2026
Paid by Check
# 109085
04/08/2026 04/10/2026 04/10/2026 04/17/2026 860.72
Account 6600.452 - Other Charges Leased Copier Totals Invoice Transactions 1 $860.72 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $5,042.86 Division 000 - Non-Div Totals Invoice Transactions 7 $5,042.86 Department 190 - Citywide Non-Dept Totals Invoice Transactions 7 $5,042.86 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11198 - Core Psychological Corporation 8998 KOBAYASHI, JARED -
PSYCH EVAL
Paid by Check
# 109055
03/31/2026 04/30/2026 04/06/2026 04/17/2026 500.00
12065 - Hasco Stations, LLC HCL-055602-26 CAR WASH ACCT #23680
Paid by Check
# 109066
03/15/2026 03/30/2026 03/16/2026 04/17/2026 144.50
12065 - Hasco Stations, LLC HCL-056654-26 CAR WASH ACCT # 23680
Paid by Check
# 109066
03/31/2026 04/15/2026 04/02/2026 04/17/2026 195.50
Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 2 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11764 - Kurt Ashley / Secure Solutions 002180 POLICE BACKGROUND
RAMIREZ, DEVIN
Paid by Check
# 109069
04/01/2026 05/01/2026 04/01/2026 04/17/2026 1,932.60
10334 - Lexis Nexis Risk Solutions 1100291911 MARCH 2026
MINIMUM
COMMITMENT ACCT #
1308841
Paid by Check
# 109072
03/31/2026 04/30/2026 04/06/2026 04/17/2026 150.00
11899 - Robert Half International, Inc 66010873 TEMP POSITION
ADMIN ASST JOANN
WILSON
Paid by Check
# 109079
03/16/2026 03/17/2026 03/17/2026 04/17/2026 1,733.76
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 6 $4,656.36 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10800 - Lexipol, LLC INVPM1126739
1 LEFTA SYSTEMS API Paid by Check
# 109071
03/12/2026 04/11/2026 03/13/2026 04/17/2026 1,500.00
11814 - Virtru Corporation INV-140045 ANNUAL ENCRYPTION LICENSE RENEWAL 15
USERS
Paid by Check
# 109087
03/13/2026 04/12/2026 03/13/2026 04/17/2026 4,218.40
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 2 $5,718.40 Account 6360.570 - Maint & Repairs Other Svc Agr
10623 - Xerox Financial Services IN5282133 ACCT #SOS-CITI600-Z
SERVICE PMT
3/10/2026-4/9/2026
Paid by Check
# 109088
03/12/2026 04/11/2026 03/12/2026 04/17/2026 164.00
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 1 $164.00 Account 6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District MAR 2026 56-
091
Acct # 000056-091 Paid by Check
# 109073
03/25/2026 04/16/2026 04/02/2026 04/17/2026 180.11
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $180.11 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 7,267.70
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 5,960.08
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 9,526.74
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 3,959.37
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 8,351.60
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $35,065.49 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 3 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
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 6400.565 - Material & Suppl Office Supplies
12392 - Quality Print + Copy, Inc. 24598 VEHICLE
CHECK/PARKING
WARNING
Paid by EFT #
7556
03/27/2026 04/11/2026 04/01/2026 04/17/2026 229.68
10498 - Quill Corporation 48071834 ACCT #7474999
OFFICE SUPPLIES
Paid by Check
# 109077
03/06/2026 04/05/2026 03/16/2026 04/17/2026 255.85
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 2 $485.53 Account 6400.635 - Material & Suppl Postage Shipping
10235 - FedEx 9-204-20179 ACCT# 3995-9218-6 Paid by Check # 109060
03/06/2026 03/21/2026 03/12/2026 04/17/2026 52.61
10235 - FedEx 9-213-16374 ACCT# 3995-9218-6 Paid by Check # 109060
03/13/2026 03/28/2026 03/12/2026 04/17/2026 120.51
Account 6400.635 - Material & Suppl Postage Shipping Totals Invoice Transactions 2 $173.12 Account 6400.720 - Material & Suppl Safety Equip
10727 - Ace Hardware-Public Safety 093761 REBAR MULTI TOOL
LTHRMAN
Paid by Check
# 109046
03/16/2026 04/10/2026 03/12/2026 04/17/2026 98.31
10727 - Ace Hardware-Public Safety 093776 KEYKRAFTER #68
BRASS KEY
Paid by Check
# 109046
03/17/2026 04/10/2026 03/17/2026 04/17/2026 32.71
10330 - LC ACTION POLICE SUPPLY
LTD/LC ACTION POLICE SUPPL
486533 G17 GLOCK
NIGHTSIGHTS
Paid by Check
# 109070
03/31/2026 04/30/2026 04/01/2026 04/17/2026 2,781.51
10330 - LC ACTION POLICE SUPPLY
LTD/LC ACTION POLICE SUPPL
486642 G45 9MM GLOCK
PISTOL NIGHTSIGHTS
Paid by Check
# 109070
04/02/2026 05/02/2026 04/03/2026 04/17/2026 2,781.51
Account 6400.720 - Material & Suppl Safety Equip Totals Invoice Transactions 4 $5,694.04 Account 6400.800 - Material & Suppl Uniform
10309 - Salinas Valley Pro Squad 1439 UNIFORM G. ROSE Paid by Check # 109080
03/16/2026 04/15/2026 04/06/2026 04/17/2026 441.33
10309 - Salinas Valley Pro Squad 1440 UNIFORM M.BALL Paid by Check # 109080
03/16/2026 04/15/2026 04/06/2026 04/17/2026 441.33
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 2 $882.66 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 25 $53,019.71 Division 000 - Non-Div Totals Invoice Transactions 25 $53,019.71 Department 210 - Police Totals Invoice Transactions 25 $53,019.71 Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 126163 Residential Fire Sprinkler Inspection for
591 Inyo Court
Paid by EFT #
7550
04/10/2026 04/14/2026 04/14/2026 04/17/2026 230.00
Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 4 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
26 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
10841 - Art Black / Carmel Fire Protection 126162 Residential Fire Sprinkler Inspection for
593 Inyo Court
Paid by EFT #
7550
04/10/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126161 Residential Fire Sprinkler Inspection for
614 Santa Lucia Way
Paid by EFT #
7550
04/10/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126160 Residential Fire Sprinkler Inspection for
616 Santa Lucia Way
Paid by EFT #
7550
04/10/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126156 Residential Fire Sprinkler Inspection for
247 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126155 Residential Fire Sprinkler Inspection for
249 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126154 Residential Fire Sprinkler Inspection for
251 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126153 Residential Fire Sprinkler Inspection for
253 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126152 Residential Fire Sprinkler Inspection for
255 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126151 Residential Fire Sprinkler Inspection for
257 Santa Lucia Lane
Paid by EFT #
7550
04/09/2026 04/14/2026 04/14/2026 04/17/2026 230.00
10841 - Art Black / Carmel Fire Protection 126164 Plan Review and Fire Inspection for 140 10th
Street
Paid by EFT #
7550
04/10/2026 04/14/2026 04/14/2026 04/17/2026 230.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 11 $2,530.00 Account 6360.070 - Maint & Repairs Bdg Public Safety
12426 - DEL MONTE FURNITURE RENTALS,
INC. / ASHLEY FURNITU
3071210 Recliners for Station 2 Paid by Check
# 109057
04/08/2026 04/15/2026 04/15/2026 04/17/2026 2,408.79
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 1 $2,408.79 Account 6360.360 - Maint & Repairs Janitorial
10927 - Ace Hardware - Fire Dept. 093965 Cust #204 - Supplies for Station 2
Paid by Check
# 109045
04/10/2026 04/10/2026 04/10/2026 04/17/2026 58.93
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $58.93 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 5 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
27 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation 4265552360 Shop Towel - Microfiber Towel
Paid by Check
# 109053
04/09/2026 04/09/2026 04/09/2026 04/17/2026 163.07
10623 - Xerox Financial Services 41890998 FD Monthly Copier Charges 04/02/2026-
05/03/2026
Paid by Check
# 109088
04/13/2026 04/13/2026 04/13/2026 04/17/2026 514.26
Account 6360.570 - Maint & Repairs Other Svc Agr Totals Invoice Transactions 2 $677.33 Account 6360.850 - Maint & Repairs Vehicle
10927 - Ace Hardware - Fire Dept. 093973 Cust #204 - Supplies for Fire Engine
Paid by Check
# 109045
04/13/2026 04/13/2026 04/13/2026 04/17/2026 7.64
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 1 $7.64 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 2,138.25
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 2,090.42
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 2,417.00
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 312.58
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 3,431.32
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $10,389.57 Account 6400.565 - Material & Suppl Office Supplies
12202 - Staples, Inc./Staples Contract &
Commercial LLC db
6061010610 Label Maker Tape Paid by Check
# 109082
04/13/2026 04/14/2026 04/14/2026 04/17/2026 21.84
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $21.84 Account 6400.740 - Material & Suppl Special Dept Suppl
11393 - Carmel Roasters, Inc./Carmel
Valley Coffee Roastin
74770 FD Coffee - 3 Boxes Paid by Check
# 109052
04/07/2026 04/08/2026 04/08/2026 04/17/2026 306.77
Account 6400.740 - Material & Suppl Special Dept Suppl Totals Invoice Transactions 1 $306.77 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 23 $16,400.87 Division 000 - Non-Div Totals Invoice Transactions 23 $16,400.87 Department 250 - Fire Totals Invoice Transactions 23 $16,400.87 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10263 - Green Line 111926 Grease Service- CH,
PD, VDM
Paid by Check
# 109064
01/16/2026 04/08/2026 04/08/2026 04/17/2026 1,785.00
Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 6 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
28 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10446 - New Image Landscape Co. 153501 Landscape
Maintenance for Feb
2026
Paid by Check
# 109075
02/28/2026 04/08/2026 04/08/2026 04/17/2026 894.00
10446 - New Image Landscape Co. 153769 Landscape
Maintenance for March
2026
Paid by Check
# 109075
03/31/2026 04/08/2026 04/08/2026 04/17/2026 894.00
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 3 $3,573.00 Account 6360.075 - Maint & Repairs Bdg Teen Center
10728 - Ace Hardware-Public Works 093882 Facilities Paid by Check # 109047
03/30/2026 04/01/2026 04/01/2026 04/17/2026 14.19
Account 6360.075 - Maint & Repairs Bdg Teen Center Totals Invoice Transactions 1 $14.19 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10181 - Dave's Repair Service 39329 Design Operator Paid by Check # 109056
03/30/2026 04/01/2026 04/01/2026 04/17/2026 242.50
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $242.50 Account 6400.737 - Material & Suppl Tools & Equip
10626 - ZEP Sales & Services 9009822191 ZEP GRIP HC_4CS G Paid by Check # 109089
05/22/2024 04/01/2026 04/01/2026 04/17/2026 187.74
Account 6400.737 - Material & Suppl Tools & Equip Totals Invoice Transactions 1 $187.74 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $4,017.43 Division 311 - Buildings & Grounds Totals Invoice Transactions 6 $4,017.43 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
12208 - RAYA AUTOMOTIVE 2550 2015 Ford F-250 #551 Paid by Check # 109091
02/03/2026 04/09/2026 04/09/2026 04/17/2026 187.00
12208 - RAYA AUTOMOTIVE 2564 2008 Ford F-150 #878 Paid by Check # 109091
02/03/2026 04/09/2026 04/09/2026 04/17/2026 697.00
12208 - RAYA AUTOMOTIVE 2575 2008 F-350 #520 Paid by Check # 109091
02/17/2026 04/09/2026 04/09/2026 04/17/2026 1,615.00
12208 - RAYA AUTOMOTIVE 2616 2003 F-350 Paid by Check
# 109091
03/21/2026 04/09/2026 04/09/2026 04/17/2026 731.00
12208 - RAYA AUTOMOTIVE 2626 2007 F-250 #597 Paid by Check # 109091
04/07/2026 04/09/2026 04/09/2026 04/17/2026 306.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 5 $3,536.00 Account 6360.850 - Maint & Repairs Vehicle
12208 - RAYA AUTOMOTIVE 2550 2015 Ford F-250 #551 Paid by Check # 109091
02/03/2026 04/09/2026 04/09/2026 04/17/2026 818.91
12208 - RAYA AUTOMOTIVE 2564 2008 Ford F-150 #878 Paid by Check # 109091
02/03/2026 04/09/2026 04/09/2026 04/17/2026 1,013.60
Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 7 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
29 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.850 - Maint & Repairs Vehicle
12208 - RAYA AUTOMOTIVE 2575 2008 F-350 #520 Paid by Check # 109091
02/17/2026 04/09/2026 04/09/2026 04/17/2026 275.09
12208 - RAYA AUTOMOTIVE 2626 2007 F-250 #597 Paid by Check # 109091
04/07/2026 04/09/2026 04/09/2026 04/17/2026 43.70
12422 - Canter Buyer Parent, LP/ MAJCO
LLC dba Big Brand T
1194-8041257 Vehicle Alignment -
5402
Paid by Check
# 109050
12/22/2025 04/08/2026 04/08/2026 04/17/2026 130.00
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 5 $2,281.30 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $5,817.30 Division 313 - Vehicle Maint Totals Invoice Transactions 10 $5,817.30 Department 310 - Public Works Totals Invoice Transactions 16 $9,834.73 Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 191.26
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 156.84
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 250.70
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 104.19
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 219.78
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $922.77 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $922.77 Division 000 - Non-Div Totals Invoice Transactions 5 $922.77 Department 410 - Planning Totals Invoice Transactions 5 $922.77 Department 420 - Engineering
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6330.200 - Fee Agr Costs - Engineering
10189 - Denise Duffy & Associates 10606 Hilltop Park Paid by Check # 109058
03/31/2026 04/01/2026 04/01/2026 04/17/2026 4,855.50
Account 6330.200 - Fee Agr Costs - Engineering Totals Invoice Transactions 1 $4,855.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $4,855.50 Division 000 - Non-Div Totals Invoice Transactions 1 $4,855.50 Department 420 - Engineering Totals Invoice Transactions 1 $4,855.50 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 8 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
30 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6138795252 542484588-00001 Paid by EFT # 7559
03/17/2026 04/10/2026 04/10/2026 04/17/2026 207.72
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $207.72 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 478.14
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 392.11
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 626.76
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 260.49
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 549.44
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $2,306.94 Account 6500.700 - Training & Travel Training & Travel
12416 - Alejandra Garcia - Employee only 03-31-26 Mileage Reimbursement
Paid by Check
# 109090
03/31/2026 04/10/2026 04/10/2026 04/17/2026 132.24
Account 6500.700 - Training & Travel Training & Travel Totals Invoice Transactions 1 $132.24 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 7 $2,646.90 Division 100 - Admin Totals Invoice Transactions 7 $2,646.90 Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6138795252 542484588-00001 Paid by EFT # 7559
03/17/2026 04/10/2026 04/10/2026 04/17/2026 64.03
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $64.03 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $64.03 Division 511 - Youth Totals Invoice Transactions 1 $64.03 Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6138795252 542484588-00001 Paid by EFT # 7559
03/17/2026 04/10/2026 04/10/2026 04/17/2026 51.93
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $51.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $51.93 Division 512 - Teen Totals Invoice Transactions 1 $51.93 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 9 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
31 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 514 - Sports
Sub-Division 00 - Non-Subdiv
Account 6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless 6138795252 542484588-00001 Paid by EFT # 7559
03/17/2026 04/10/2026 04/10/2026 04/17/2026 51.93
Account 6380.120 - Utilities Comm Mobile & Pager Totals Invoice Transactions 1 $51.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $51.93 Division 514 - Sports Totals Invoice Transactions 1 $51.93 Department 510 - Recreation & Culture Totals Invoice Transactions 10 $2,814.79 Fund 100 - General Fund Totals Invoice Transactions 96 $101,902.00 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 10 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
32 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric April 2026 353-
7 PG&E - 9930567353-7 Paid by Check
# 109076
04/09/2026 04/10/2026 04/10/2026 04/17/2026 25.99
10463 - Pacific Gas & Electric April 2026 582-
7 PG&E - 8161432582-7 Paid by Check
# 109076
04/09/2026 04/10/2026 04/10/2026 04/17/2026 159.61
10463 - Pacific Gas & Electric April 2026 943-
2 PG&E - 6150212943-2 Paid by Check
# 109076
04/09/2026 04/10/2026 04/10/2026 04/17/2026 67.46
10463 - Pacific Gas & Electric April 2026 202-
3 PG&E - 6594070202-3 Paid by Check
# 109076
04/10/2026 04/16/2026 04/16/2026 04/17/2026 141.91
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 4 $394.97 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 1,365.31
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $1,365.31 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 5 $1,760.28 Division 000 - Non-Div Totals Invoice Transactions 5 $1,760.28 Department 000 - Non-Dept Totals Invoice Transactions 5 $1,760.28 Fund 220 - Gas Tax Totals Invoice Transactions 5 $1,760.28 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 11 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
33 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 222 - Measure X Trans Sfty/Investment
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.215 - Prof Svc Fin - Audit
10550 - California State Controller's Office FAUD-
00005251
Annual Street Report
FY 24/25
Paid by Check
# 109049
04/08/2026 04/10/2026 04/10/2026 04/17/2026 2,775.26
Account 6300.215 - Prof Svc Fin - Audit Totals Invoice Transactions 1 $2,775.26 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,775.26 Division 000 - Non-Div Totals Invoice Transactions 1 $2,775.26 Department 000 - Non-Dept Totals Invoice Transactions 1 $2,775.26 Fund 222 - Measure X Trans Sfty/Investment Totals Invoice Transactions 1 $2,775.26 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 12 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
34 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 232 - Seabreeze AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 153501 Landscape
Maintenance for Feb
2026
Paid by Check
# 109075
02/28/2026 04/08/2026 04/08/2026 04/17/2026 226.00
10446 - New Image Landscape Co. 153769 Landscape
Maintenance for March
2026
Paid by Check
# 109075
03/31/2026 04/08/2026 04/08/2026 04/17/2026 226.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $452.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $452.00 Division 000 - Non-Div Totals Invoice Transactions 2 $452.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $452.00 Fund 232 - Seabreeze AD Totals Invoice Transactions 2 $452.00 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 13 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
35 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 233 - Monterey Bay Estates AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 153501 Landscape
Maintenance for Feb
2026
Paid by Check
# 109075
02/28/2026 04/08/2026 04/08/2026 04/17/2026 485.00
10446 - New Image Landscape Co. 153769 Landscape
Maintenance for March
2026
Paid by Check
# 109075
03/31/2026 04/08/2026 04/08/2026 04/17/2026 485.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $970.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $970.00 Division 000 - Non-Div Totals Invoice Transactions 2 $970.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $970.00 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 2 $970.00 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 14 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
36 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 251 - CFD - Locke Paddon
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 153501 Landscape
Maintenance for Feb
2026
Paid by Check
# 109075
02/28/2026 04/08/2026 04/08/2026 04/17/2026 258.00
10446 - New Image Landscape Co. 153769 Landscape
Maintenance for March
2026
Paid by Check
# 109075
03/31/2026 04/08/2026 04/08/2026 04/17/2026 258.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 2 $516.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $516.00 Division 000 - Non-Div Totals Invoice Transactions 2 $516.00 Department 000 - Non-Dept Totals Invoice Transactions 2 $516.00 Fund 251 - CFD - Locke Paddon Totals Invoice Transactions 2 $516.00 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 15 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
37 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. 34961886 Imjin Pkwy PS&E Paid by Check # 109068
02/28/2026 04/09/2026 04/09/2026 04/17/2026 72,175.20
12386 - Gachina Landscape Management,
Inc.
C237300 Cypress Trees -Insect
Beetle Control
Paid by Check
# 109063
03/31/2026 04/01/2026 04/01/2026 04/17/2026 1,141.00
10316 - Kimley-Horn & Associates, Inc. 35266727 Imjin Pkwy PS&E Paid by Check # 109068
03/31/2026 04/08/2026 03/31/2026 04/17/2026 6,820.00
11266 - Verde Design, Inc. 34-2207300 Glorya Jean Tate Park Improvements
Paid by Check
# 109086
04/06/2026 04/09/2026 04/09/2026 04/17/2026 2,070.30
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 4 $82,206.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $82,206.50 Division 000 - Non-Div Totals Invoice Transactions 4 $82,206.50 Department 000 - Non-Dept Totals Invoice Transactions 4 $82,206.50 Fund 462 - City Capital Projects Totals Invoice Transactions 4 $82,206.50 Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 16 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
38 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.030 - Prof Svc Airport Specific Plan
10150 - Coffman Associates 26GS02-1 Professional Services Rendered through April
2026
Paid by Check
# 109054
04/03/2026 04/09/2026 04/09/2026 04/17/2026 5,948.00
Account 6300.030 - Prof Svc Airport Specific Plan Totals Invoice Transactions 1 $5,948.00 Account 6300.570 - Prof Svc Other
10897 - TechRx Technology Services
Corporation
13588 Starlink Set up Paid by EFT #
7557
02/01/2026 04/09/2026 04/09/2026 04/17/2026 950.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $950.00 Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 423525 EW Proposal 532609- FD Ice plant removal
Paid by Check
# 109075
12/04/2025 04/09/2026 04/09/2026 04/17/2026 680.00
10446 - New Image Landscape Co. 153501 Landscape
Maintenance for Feb
2026
Paid by Check
# 109075
02/28/2026 04/08/2026 04/08/2026 04/17/2026 2,340.00
10446 - New Image Landscape Co. 153769 Landscape
Maintenance for March
2026
Paid by Check
# 109075
03/31/2026 04/08/2026 04/08/2026 04/17/2026 2,340.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 3 $5,360.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
304922 City Fuel Paid by Check
# 109074
03/06/2026 04/08/2026 04/08/2026 04/17/2026 286.86
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294768 City Fuel Paid by Check
# 109074
02/17/2026 04/08/2026 04/08/2026 04/17/2026 235.27
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294434 City Fuel Paid by Check
# 109074
01/06/2026 04/08/2026 04/08/2026 04/17/2026 376.06
10416 - Monterey County Petroleum-Sturdy
Oil Co.
294540 City Fuel- Ethanol Paid by Check
# 109074
02/06/2026 04/08/2026 04/08/2026 04/17/2026 156.29
10416 - Monterey County Petroleum-Sturdy
Oil Co.
306013 City Fuel Paid by Check
# 109074
03/26/2026 04/08/2026 04/08/2026 04/17/2026 329.67
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 5 $1,384.15 Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services
Corporation
13588 Starlink Set up Paid by EFT #
7557
02/01/2026 04/09/2026 04/09/2026 04/17/2026 872.91
Account 6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals Invoice Transactions 1 $872.91 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $14,515.06 Division 000 - Non-Div Totals Invoice Transactions 11 $14,515.06 Department 000 - Non-Dept Totals Invoice Transactions 11 $14,515.06 Fund 555 - Marina Airport Totals Invoice Transactions 11 $14,515.06 Grand Totals Invoice Transactions 123 $205,097.10
Run by Melanie Hernandez on 04/16/2026 02:00:39 PM Page 17 of 17 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
39 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 758 - Successor Agency Oblig Retiremt
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc
10315 - Keyser Marston Associates 0040637 Prof Srvcs (SA) 3/2026 - DOF draft
response/supporting
analysis
Paid by EFT #
142
04/15/2026 04/15/2026 04/15/2026 04/17/2026 3,613.75
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc Totals Invoice Transactions 1 $3,613.75 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $3,613.75 Division 000 - Non-Div Totals Invoice Transactions 1 $3,613.75 Department 000 - Non-Dept Totals Invoice Transactions 1 $3,613.75 Fund 758 - Successor Agency Oblig Retiremt Totals Invoice Transactions 1 $3,613.75 Grand Totals Invoice Transactions 1 $3,613.75
Run by Melanie Hernandez on 04/16/2026 01:59:42 PM Page 1 of 1 Accounts Payable by G/L Distribution Report
Payment Date Range 04/17/26 - 04/17/26
40 Agenda Item: 10b(1)
City Council Meeting of
April 21, 2026
ACTION
MINUTES
Tuesday, April 7, 2026 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE
FORMER MARINA REDEVELOPMENT AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Jenny McAdams (Remote GC 54953.8.3) , Brian McCarthy , Mayor Pro-Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado MEMBERS ABSENT: Kathy Biala
Councilmember McAdams read for the record: “I am appearing remotely pursuant to Government Code Section 54953.8.3 in that I have a physical medical condition that currently prevents me from attending in person. I am participating by two -way audio and video and can fully hear, observe, and participate in the proceedings. I request that the minutes reflect this statutory basis for my remote appearance."
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
4. CLOSED SESSION:
a. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Approximately 14,495 square feet (±0.33 acres), being a portion of Monterey County Assessor's Parcel Number 031 -112-001-000, located at 3200-C Imjin Road (Marina Municipal Airport)
Negotiating Party: Joby Aero, Inc.
Negotiator(s): City Manager/Airport Manager
Terms: Price and Terms
1 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 2
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
City Attorney Ortega, Councilmember McAdams is appearing remotely pursuant to Government Code Section 54953.8.3
City Attorney Ortega reported out Closed Session:
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS: None
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Pro Tem Visscher announced this Saturday donations can be dropped off at all the Marina schools except for Olson School for the Brits Community Services. Donations include clothes, shoes household goods, anything in good condition from 9 till one-ish. • Mayor Delgado announced on April 18, 2026, is Marina’s annual Marina Earth Day event and starts at 10:00 a.m. at the Locke Paddon Park outside the Marina Library. • City Manager Long announced that Agenda item 13c, which was a presentation by the police department on updating the Council on the fireworks impacts for last year will be continued to the April 21, 2026 council meeting.
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. • Sean McDonald commented on agenda item 11a, Marina’s Short -Term Rental Ordinance.
Stated that Marina’s current STR ordinance is already very strict . Commented on the comparison to Seaside ’s STR caps and that they are all non -owner occupied STR’s. Marina currently has 35 permits and 9 of those are owner-occupied. • Paul Cheng spoke about his thoughts on having the new city hall at Vince DiMaggio Park. It would maximize the value of a limited public assent for a growing city and provide a stronger city identity.
• Denise Turley asked how the second reading of the STR ordinance will affect any timeline.
Spoke about a tree that fell in Preston Park near the mailboxes and a sked what the process is to have a fallen tree removed from Preston Park.
• Grace Silva-Santella announced on Saturday, May 30, 2026, at 1:00 p.m. a joint event between the Friends of the Marina Library, the Japanese American Citizens League of the Monterey Peninsula and the Monterey County Free Libraries will take place. We will be showing the documentary “Enduring Democracy, the Monterey Petition”, that's a 2022 documentary
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 2 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 3
Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non -controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 108823-108944, totaling $1,385,172.71. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) March 17, 2026, 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: Victor Mauricio Mendez for a claim received on March 20, 2026.
d. AWARD OF BID:
(1) Adopting Resolution No. 202 6-, awarding a construction contract for the 2025 Citywide Street Repair: Phase 4 – Micro-Surfacing & Slurry Seal Project to VSS International, Inc., of West Sacramento, CA . Pulled by Mayor Delgado, becomes agenda item 13d
(2) Adopting Resolution No. 2026-35, awarding a construction contract for the Sea Haven Community Park to Marina Landscape, Inc., of Orange, CA. e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2026-36, accepting the Housing Element Annual Progress Report for calendar year 2025 and authorizing staff to submit the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development (State HCD); and Find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b).
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2026 -37, approving a Memorandum of Understanding (MOU) establishing participation in the Regional Climate Project Working Group (RCPWG).
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
3 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 4
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Councilmember McCarthy had brief question on item 10c(1) and comments on 10d(1) Mayor Delgado pulled agenda item 10d(1)
DELGADO/MCCARTHY: TO APPROVE THE CONSENT AGENDA MINUS 10d(1) . 4 -0- 1(Biala)-0. Motion Passes by Roll Call Vote
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, take testimony from the public and consider introducing Ordinance No. 2026 -, adopting the proposed amendments to Section 17.42.170 Short-Term Rentals (STR) of the Marina Municipal Code; and find that adoption of the ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines. Continued to April 21, 2026 b. Open a public hearing on the proposed urgency ordinance and adopt Ordinance No. 2026-, an urgency ordinance temporarily prohibiting the establishment and operation of new short -term rentals citywide for a period of 45 days, by a minimum 4/5 vote as required by Government Code section 65858.
Public Comments:
• Sean McDonald asked for clarification on whether during the 45 -day period would current permit holders be able to renew their permits. Would they be considered “new permits”.
Commented on homeowner exemptions on your county taxes if it’s an owner occupied home.
City Council discussed possible extension of the ordinance and extension of existing permits.
MCADAMS/VISSCHER: WE ADOPT ORDINANCE NO. 2026 -, AN URGENCY
ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW SHORT -TERM RENTALS CITYWIDE FOR A PERIOD OF 45 DAYS, BY A MINIMUM 4/5 VOTE AS REQUIRED BY GOVERNMENT CODE SECTION 65858. 4-0-1(Biala)-0 Motino Passes by Roll Call Vote
c. Receive and file the 2025 Annual Military Equipment Report for the Marina Police Department, covering the period January 1, 2025, through December 31, 2025; and open a public hearing and take public comment; make the required findings under Government Code §7071, as supported by the information in the 2026 Annual Military Equipment Report; and adopt Ordinance No. 2026 -, approving amendments to the Military Equipment Use Policy (Policy 707) authorizing the acquisition and use of additional military equipment for 2026 and renewing Chapter 9.26 of the Marina Municipal Code; and direct that the approved policy, annual report, and updated equipment list be posted on the City of Marina website as required by Government Code §7071(d).
Public Comments: None received
4 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 5
City Council discussed why Automatic License Plate Readers (ALPR) is not listed as military equipment in the report and adding it to next year’s report.
DELGADO/MCCARTHY: TO RECEIVE AND FILE THE 2025 ANNUAL MILITARY
EQUIPMENT REPORT FOR THE MARINA POLICE DEPARTMENT, COVERING THE PERIOD JANUARY 1, 2025, THROUGH DECEMBER 31, 2025; AND OPEN A PUBLIC HEARING AND TAKE PUBLIC COMMENT; MAKE THE REQUIRED FINDINGS UNDER GOVERNMENT CODE §7071, AS SUPPORTED BY THE INFORMATION IN THE 2026 ANNUAL MILITARY EQUIPMENT REPORT; AND ADOPT ORDINANCE NO. 2026-, APPROVING AMENDMENTS TO THE MILITARY EQUIPMENT USE POLICY (POLICY 707) AUTHORIZING THE ACQUISITION AND USE OF ADDITIONAL MILITARY EQUIPMENT FOR 2026 AND RENEWING CHAPTER 9.26 OF THE MARINA MUNICIPAL CODE; AND DIRECT THAT THE APPROVED POLICY, ANNUAL
REPORT, AND UPDATED EQUIPMENT LIST BE POSTED ON THE CITY OF MARINA WEBSITE AS REQUIRED BY GOVERNMENT CODE §7071(D) . 4 -0-1(Biala)-0 Motion Passes by Roll Call Vote
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2026-38, approving the request from Izunokuni, Japan to change city relationship designation from Friendship to Sister City in accordance to the City of Marina Sister Cities Policy . Pulled by Councilmember Biala, was agenda item 10g(2) – Continued to April 7, 2026 Public Comments: None received
DELGADO/MCCARTHY: TO ADOPT RESOLUTION NO. 2026 -38, APPROVING THE
REQUEST FROM IZUNOKUNI, JAPAN TO CHANGE CITY RELATIONSHIP
DESIGNATION FROM FRIENDSHIP TO SISTER CITY IN ACCORDANCE TO THE CITY OF MARINA SISTER CITIES POLICY . 4 -0-1(Biala)-0 Motion Passes by Roll Call Vote
b. Receiving a presentation regarding the status of the City’s Fort Ord Habitat Management Plan Compliance Project and City -Wide Incidental Take Permit (ITP) for Monterey Gilia Project; and providing input on the Conceptual Mitigation Strategy for Monterey Gilia for the City-Wide ITP.
Public Comments:
• Fred Watson spoke about the email he sent regarding re-evaluation of the feasibility of the FORTAG Trail segment connecting from 2nd Avenue to Del Monte Boulevard through the Northwest parcel. Followed up with another email that modified the consultant's calculations to show how an accessibly graded alignment is possible without interfering with any known Sand Gilia locations. Commented on what was done by state parks at Asilomar and at Spanish Bay.
Spoke about his involvement at the Del Rey Oaks Frog Pond. Asked if the ITP plan can be 5 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 6
modified the without disrupting all the necessary timelines of existing funded projects? Asked if the city could put it in writing now and in maps that we anticipate wanting to do that as a future modification to the ITP. Asked if the FORTAG representatives could be involved in the discussions involving the Salinas River Habitat Management area. Asked what happens ’ to the bit of the Gilia patch that the Dadwal project did not impact? Is there some plan to look after it or is it being abandoned?
• Grace Silva -Santella mentioned that in 2000 the planning commission was excited about a Second Avenue extension connecting South Marina and finding out that there was a large undisturbed area of Sand Gilia in the Cypress Knolls area. Became better educated about how critical native habitats are. Willing to accept the fact that we will not have a Second Avenue Road extension but look forward to what Dr. Watson spoke about, access for pedestrians and bicyclists, similar to Asilomar. Hope that you will do everything you can to protect this critical habitat.
• Jeff Markham spoke in support of what Dr. Watson was saying about the A trail alternatives and thinking more out of the box on how that can be done. Think it could be accomplished if we think a little bit more about how we can incorporate that Sand Gilia area the protection area and providing public access trails for biking and hiking and walking. The Sand Gilia is an interesting species with lots of complexities, everything that makes it challenging to mitigate. • Mike Moeller was disappointed to hear from Kimley -Horn that the trails can’t be used. If Dr.
Watson says he thinks it can happen, I certainly would not dismiss him. Hope that council will consider his recommendation and look closer at it.
City Council discusse d the Dadwal what happens to property that was not destroyed by the hotel construction. Dirt road/trail along Highway 1, on the Marina’s side of the chain link fence used by vehicles and people has potential for Gilia habitat or conservation area . Potential development of the northern part of the Equestrian Cent er, mitigation areas at the airport and Cypress Knolls.
Salinas River Habitat Management area.
DELGADO/VISSCHER: THAT WE RECEIVE THE PRESENTATION REGARDING THE STATUS OF THE CITY’S FORT ORD HABITAT MANAGEMENT PLAN COMPLIANCE
PROJECT AND CITY -WIDE INCIDENTAL TAKE PERMIT (ITP) FOR MONTEREY GILIA PROJECT; AND PROVIDING INPUT ON THE CONCEPTUAL MITIGATION STRATEGY FOR MONTEREY GILIA FOR THE CITY-WIDE ITP; AND DIRECT STAFF TO:
1. TAKE A 30 -TO-60-DAY TIME TO CONNECT WITH FISH AND WILDLIFE SERVICE.
2. MEET WITH CRAIG BAILEY AND HIS STAFF, INCLUDING RUBY OR WHEREVER HE DESIGNATES. SO , WE HAVE A FIELD WORKSHOP VISIT AND THEN THAT NIGHT WE HAVE A CITY COUNCIL MEETING.
3. THAT WE ASK STAFF TO REACH OUT TO THE BALL FIELD PROPONENTS SO THAT THEY'RE TOTALLY IN THE LOOP ABOUT WHAT'S GOING ON.
4. THAT WE MOVE AHEAD WITH THE DIRECTION WE'RE GOING WITH THE
DADWAL FUNDING COOPERATION TO ENHANCE GILIA HABITAT THAT'S ALREADY GOING TO BE CONSERVED NEAR 8TH STREET, NEAR THE EQUESTRIAN CENTER.
6 MINUTES for City Council Meeting of Tuesday, April 7, 2026 Page 7
5. THAT WE LASTLY PROCEED WITH PROTECTING AS MUCH AS WE CAN
GET CDFW TO AGREE WITH PEDESTRIAN ACCESS DOWN TO THE SALINAS
RIVER PARCEL AND HAVE ANOTHER SITE VISIT THERE, MAYBE WITH CRAIG.
6. THAT WE PROGRESS ALONG THE CONCEPTUAL MITIGATION STRATEGY FOR THE EQUESTRIAN TRAILS, THE 1.1 ACRES TO STAY OPEN AND ALLOW ACCESS THROUGH THE 8TH STREET AREA
4-0-1(Biala)-0 Motion Passes by Roll Call Vote
c. Presentation by Marina Police Department on the 2025 F irework Impacts; and planned Firework activities for July 2026. Continued to April 21, 2026 d. Adopting Resolution No. 2026-39, awarding a construction contract for the 2025 Citywide Street Repair: Phase 4 – Micro-Surfacing & Slurry Seal Project to VSS International, Inc., of West Sacramento, CA . Pulled by Mayor Delgado, was agenda item 10d(1)
City Council discussed who’s responsible for fixing the streets that were damaged after the last mirco-surfacing project.
DELGADO/MCCARTHY: WE ADOPT THE RESOLUTION BEFORE US TO AWARD THE CONSTRUCTION CONTRACT FOR THE 2025 CITYWIDE STREET REPAIR TO VSS INTERNATIONAL INC., FOR THE TOTAL BID AMOUNT OF $2,030,120; AND
AUTHORIZED CITY MANAGER AND CITY ATTORNEY TO DO THEIR RESPECTIVE
ROLES, AND THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES. AND THAT ANY STREETS THAT REQUIRE RETREATMENT
FROM THE PAST CYCLE USE CITY FUND, CITY GENERAL FUND FUNDING FOR THOSE FIXES. 3-1(McCarthy)-1(Biala)-0
COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).
15. ADJOURNMENT: the meeting adjourned at 10:20 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor
7 Agenda Item: 10c(1)
April 21, 2026
April 14, 2026 Item No. 10f(1)
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of April 21st, 2026
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2026-,
FIXING AND LEVYING A SPECIAL TAX FOR PRINCIPAL AND
INTEREST PAYMENTS AND ADMINISTRATIVE COSTS ON THE
CITY'S 2015 GENERAL OBLIGATION REFUNDING LIBRARY BONDS
FOR FISCAL YEAR 2026-2027; AND RESOLUTION NO. 2026-,
CERTIFYING COMPLIANCE WITH STATE LAW (PROPOSITION
218) WITH RESPECT TO SPECIAL TAXES FOR THE 2015 GENERAL
OBLIGATION REFUNDING LIBRARY BONDS TAX LEV Y FOR
FISCAL YEAR 2026-2027
RECOMMENDATION:
It is requested that the City Council:
1. Consider adopting Resolution No. 2026-, fixing and levying a special tax for principal and interest payments and administrative costs on the 2015 General Obligation Refunding Library Bonds for fiscal year 2026-2027; and
2. Consider adopting Resolution No. 2026-, certifying compliance with State Law (Proposition 218) with respect to special taxes for the 2015 General Obligation Refunding Library Bonds Levy for Fiscal Year 2026-2027.
BACKGROUND:
On June 8, 2005, the City issued $8,000,000 of General Obligation Bonds , Election of 2002, Series 2005 to fund construction of a new library facility. On May 12, 2015, the City issued $7,640,000 general obligation bonds to refund the 2005 General Obligation Library Construction Bond Issue which was approved by the voters. The refunding provided savings to the City taxpayers due to the low interest rate environment. The true interest cost of the refunding is estimated to be 3.17%. The term of the bonds was not extended by the refunding. Final maturity is August 1, 2035, with nineteen more payments. The current bonds outstanding are $5,110,000.
California Revenue and Taxation Code Section 2270 authorizes the City to levy taxes to pay principal and interest on voter-approved bonded indebtedness. No other general obligation bonds are outstanding. For 2026-27, only the 2015 general obligation bonded debt tax levy is required.
Except for the Constitutionally -limited 1% ad valorem tax, the Monterey County Auditor - Controller will not place special taxes 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. The Certification Resolution must contain hold harmless and indemnification provisions associated with collection of the City's special taxes placed on the rolls by the County. This certification, along with a copy of the resolution setting the special taxes and certain other documentation, must also be submitted to the County no later than August 1, 2026. 1 ANALYSIS:
The following table details the computation of the special tax rate for 2026-27:
FY 26/27 Assessed Values (estimated)1
Secured: $4,074,949,944
Unsecured: $169,794,432
Total Assessed Value $4,244,744,376
FY 26/27 Debt Service
Bond Principal $ 430,000
Bond Interest $ 153,331
Trustee & admin fees $ 18,748
Total Debt Service $ 602,079
TAX RATE (per $100 assessed value, rounded) $ 0.014184
(1) 2026-27 assessed valuations were not available from the County of Monterey at the time of this report. It is assumed that the FY2026-27 secured assessed value will be 3.75% higher than FY2025 -26 assessed values based on inflationary growth in assessed values under Proposition 13.
Estimated Assessed Values produce a tax rate of $14.184 per $100,000 assessed value for the 2015 refunding bond issue, which is less than the $14.527 levy for FY 25-26 as a result of growth in assessed values.
FISCAL IMPACT:
Revenue collected will be credited to the 2015 GO Library Refunding Bonds Debt Service Fund 312.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
____________________________
Mary McGuinness
Financial Analyst
City of Marina
____________________________
Tori Hannah
Finance Director
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF MARINA FIXING AND LEVYING A TAX
TO PAY PRINCIPAL, INTEREST AND ADMINISTRATIVE COSTS ON THE 2015 GENERAL OBLIGATION REFUNDING BONDS
FOR FISCAL YEAR 2026-2027
WHEREAS, Section 2270 of the Revenue and taxation Code authorizes the City to levy taxes to pay principal, interest and administrative costs on voter-approved bonded indebtedness of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:
1. The City has determined the 2026-2027 general obligation bonded indebtedness cost and cash requirement to be $602,079 for the 2015 General Obligation Refunding Bonds.
2. There is hereby fixed , assessed and levied a tax at the rate of $0.014184 per One Hundred Dollars of assessed valuation for the 2015 General Obligation Refunding Bonds (0.00014184 per $1 assessed value; $14.184 per $100,000 assessed value) on all of the property within the City of Marina subject to repayment of bonded indebtedness of the City.
3. The City shall transmit to the County Auditor a statement of the rate of taxation so fixed by the City Council and the tax computation worksheet. Transmission of a certified copy of this resolution to the Monterey County Auditor Controller constitutes compliance wi th this directive.
4. The Tax Collector of the County of Monterey shall collect the aforementioned tax in accordance with Section 2270 of the Revenue and Taxation Code.
5. The net amount of said tax, when collected, shall be paid to the Treasurer of the County of Monterey to be held by him/her as depository of the City of Marina, under the general requirements and penalties provided by law for the settlement of other taxes.
PASSED AND ADOPTED by the Marina City Council at a regular meeting duly held on the 21st day of April 2026 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 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF MARINA CERTIFYING
COMPLIANCE WITH STATE LAW WITH RESPECT TO
LEVYING OF SPECIAL TAXES
WHEREAS, The City of Marina requests that the Monterey County Auditor -Controller enter the special tax identified in Exhibit “A” on the property tax roll for collection by the County of Monterey Treasurer-Tax Collector and distribution by the County of Monterey Auditor-Controller commencing with the property tax bills for fiscal year 2026-27 (“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 special tax 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 special tax identified in EXHIBIT A and that the City shall pay or satisfy a ny 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 21st day of April 2026, 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
4 EXHIBIT A
TO
RESOLUTION NO. 2026-___ OF THE CITY OF MARINA, COUNTY OF MONTEREY,
CALIFORNIA, CERTIFYING COMPLIANCE WITH STATE LAW WITH RESPECT
TO THE LEVYING OF SPECIAL TAX LEVIED AS AN INCIDENT OF PROPERTY
OWNERSHIP FISCAL YEAR
2026-2027
SPECIAL TAX RATE (per $100 assessed value):
$.014184 2015 General Obligation Refunding Bonds
2051370.1
5 April 17, 2026 Item No. 10f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 26-,
APPROVING SUMMARY VACATION OF A PORTION OF DEL MONTE
BOULEVARD FRONTING THE MARINA STATION DEVELOPMENT
PROJECT SUBDIVISION, FINDING THAT VACATION OF EXCESS
RIGHT-OF-WAY CONSTITUTES A MINOR ALIGNMENT AND STREET
WIDTH ADJUSTMENT, DECLARING THE VACATED PORTION OF DEL
MONTE BOULEVARD “EXEMPT SURPLUS LAND”, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE QUITCLAIM DEED ON
BEHALF OF THE CITY TRANSFERRING THE VACATED PROPERTY
FROM THE CITY TO THE DEVELOPER SUBJECT TO FINAL REVIEW
AND APPROVAL BY THE CITY ATTORNEY , UPON COMPLIANCE
WITH SURPLUS LAND ACT GUIDELINES.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026- _:
1. Approving the Summary Vacation of a portion of excess right-of-way of Del Monte Blvd . fronting the Marina Station Development Project Subdivision , as shown on attached Legal Description and Plat (“EXHIBIT A”);
2. Finding that the vacation of such excess right-of-way – a narrow strip along the easterly side of an existing major arterial – constitutes a minor alignment and street width adjustment falling within the exception to Government Code Section 64502(a) requiring no referral to the Planning Commission;
3. Declaring the vacated portion of Del Monte Boulevard to be “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(E) upon making the necessary findings , and directing staff to submit the exemption declaration to the California Department of Housing and Community Development (“HCD”) in accordance with the Surplus Land Act; and
4. Authorizing the City Manager to execute a quitclaim deed on behalf of the City transferring the vacated property from the City to Marina Station, LLC, subject to final review and approval by the City Attorney upon the earlier of: (a) the expiration of 30 days following submission of the exemption declaration to HCD; or (b) written concurrence from HCD that the vacated property qualifies as “exempt surplus land” in accordance with the Surplus Land Act Guidelines.
BACKGROUND:
At the regular meeting of March 4, 200 8, the City Council adopted Resolution No. 200 8-45, approving the Vesting Tentative Map for the Marina Station Development Project Subdivision , located at the northern property boundary of the City . The Vesting Tentative Map consisted of 887 residential lots, including 1,360 residential units constructed over 8 separate phases. 1 At the same meeting, the City Council adopted Resolution 200 8-41, approving and certifying the Marina Station Specific Plan Environmental Impact Report. As part of the Certification of the Final Environmental Impact Report (“FEIR”), the City adopted certain mitigation measures to reduce significant environmental impacts identified in the FEIR and adopted a Mitigation Monitoring and Reporting Program (“MMRP”). The mitigation measures addressed a variety of issues including traffic impacts and measures to address the biological impacts of the Marina Station Project.
The approved Marina Station Vesting Tentative Map included the proposed vacation of a portion of Del Monte Blvd fronting the Marina Station Development as a necessary component to enable completion of the Marina Station project. After completion of detailed design of Del Monte Blvd, the developer (Marina Station, LLC) formally requested processing of the Summary Street Vacation by letter dated February 6, 2026, for approximately 15,369 square feet of Del Monte Boulevard right-of-way along the Marina Station frontage. The developer has submitted a Legal Description and Plat (“EXHIBIT A”) prepared by Whitson Engineers.
ANALYSIS:
Based on the analysis by the City’s consulting transportation engineers, the following updates were made to Del Monte Boulevard access for various phases of the Marina Station project:
- The approved north erly railroad crossing from Del Monte to Phases 7 & 8 will no longer be constructed. This elimination of the access was triggered by a requirement from the Transportation Agency for Monterey County (TAMC) about obtaining a permit from the California Public Utilities Commission and Union Pacific Railroad for a new rail crossing, which would not be granted to the applicant.
- Although all-way stop control was originally approved for the project, at the City’s request, the Marina Station project developer has agreed to install roundabouts instead. The City’s General Plan requires the consideration of roundabouts as alternative intersection control. The location of the northerly access on Del Monte Boulevard would be an ideal location for a roundabout, since it will slow down traffic entering the City from the north. In addition, the proposed roundabouts will have superior safety benefits for vehicles, pedestrians and bicycles, compared to stop-controlled intersections. Roundabouts will be provided at both new access roads from Del Monte Boulevard.
Statutory Basis for Summary Vacation
The proposed vacation qualifies as a Summary Vacation under the California Streets and Highways Code on two independent grounds:
A. Excess Right-of-Way (Streets and Highways Code § 8334(a)) The portion of Del Monte Boulevard proposed for vacation constitutes excess right -of-way not required for street or highway purposes. Following detailed engineering design and analysis of Del Monte Boulevard by Kimely -Horn in September 2024 in connection with the Marina Station Specific Plan, it has been determined that the existing right -of-way width along the Marina Station frontage exceeds what is necessary for the approved roadway configuration. The area to be vacated — approximately 15,369 square feet along a strip of the easterly side of Del Monte Boulevard — is surplus to the needs of the reconfigured roadway and is not required for present or prospective street or highway purposes. This excess width is reflected in the legal description and plat prepared by Whitson Engineers, which depicts the vacation area lying between the existing easterly sideline of Del Monte Boulevard and the newly established future right -of-way line corresponding to the approved roadway design.
2 B. Long-Term Impassability (Streets and Highways Code § 8331(a) and (b)) Additionally, t he referenced portion of Del Monte Boulevard has been impassable for vehicular traffic for a period in excess of five consecutive years, and no public funds have been expended for its maintenance during that period. Both conditions required under Sections 8331(a) and (b) of the Streets and Highways Code are satisfied.
Because the vacation qualifies under both Section 8334(a) and Section 8331, no public hearing is required, and the City Council may act on the Summary Vacation through administrative action without prior notice or hearing.
Government Code Section 65402 — No Planning Agency Referral Required A proposed street vacation generally is required to be submitted to the planning agency for a determination of conformity with the adopted general plan before the legislative body may act pursuant to Government Code Section 65402(a) . However, that section expressly provides that if the legislative body so provides by ordinance or resolution, the referral requirement shall not apply to “acquisitions, dispositions, or abandonments for street widening ” or “alignment projects, ” provided such actions are of a minor nature.
The proposed vacation involves the adjustment of Del Monte Boulevard ’s right-of-way width along the Marina Station frontage to conform to the approved roadway alignment and cross -section established through detailed engineering design. The vacation of approximately 15,369 square feet of excess right -of-way — a narrow strip along the easterly side of an existing major arterial — constitutes a minor alignment and street width adjustment incident to the reconfiguration of Del Monte Boulevard. It does not vacate a through street, does not eliminate public access, and does not alter the fundamental character or function of Del Monte Boulevard as a public roadway. It simply removes from the public right -of-way a slender strip of land that is surplus to the needs of the approved roadway section.
Accordingly, this vacation falls within the minor alignment and street widening exception to Government Code Section 65402(a), and no referral to the Planning Commission or other planning agency is required.
Surplus Land Act Compliance — Exempt Surplus Land
The California Surplus Land Act (Government Code §§ 54220 –54234) generally requires local agencies to follow a process of noticing and offering surplus land for affordable housing and other priority uses before disposing of publicly owned property it no longer requires for its use. However, the Surplus Land Act classifies certain property to be disposed of by local agencies as “exempt surplus land” not requiring the City to follow this noticing and offering process.
Staff has determined that the vacated right -of-way qualifies as “exempt surplus land ” under Government Code Section 54221(f)(1)(E), which exempts from the full Surplus Land Act process land that is transferred to an owner of contiguous land as part of a street vacation. The vacation area is a narrow strip of excess right -of-way that is contiguous to and will be merged with the Marina Station development parcels held by the developer. The vacated strip has no independent development potential and is not suitable for affordable housing or any other independent use; it exists solely as a remnant of the prior Del Monte Boulevard right-of-way that is surplus to the needs of the reconfigured roadway.
Notwithstanding the exemption, the Surplus Land Act requires that before a local agency may dispose of land it has declared “exempt surplus land ”, it must submit a description of the property and the basis for the claimed exemption to the California Department of Housing and Community Development (“HCD”) for review. HCD has 30 days following receipt of the exemption declaration to notify the local agency of any objection. If HCD does not object within 30 days, or if HCD 3 affirmatively concurs that the property qualifies as exempt surplus land, the agency may proceed with the disposition.
Accordingly, staff recommend that the City Council, concurrently with its approval of the Summary Vacation, adopt a formal finding and declaration that the vacated portion of Del Monte Boulevard constitutes exempt surplus land under Government Code Section 54221(f)(1)(E). Staff will submit the required declaration to HCD promptly following Council adoption of the Resolution. Execution of the Quitclaim Deed by the City Manager will be conditioned on the expiration of the 30 -day HCD review period, or on written concurrence from HCD, whichever occurs first.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW:
On March 4, 2008, the City Council of the City of Marina certified the Final Environmental Impact Report (FEIR) for the Marina Station Project (SCH N o. 2005061056). The FEIR served as the environmental review for the development and project entitlements. Section 15162 of the CEQA Guidelines states that if an FEIR or negative declaration has been adopted for a project, no subsequent FEIR is to be prepared unless there have been 1) substantial changes to the project, 2) substantial changes with respect to the circumstances under which the project is undertaken , or 3) new information of substantial importance shows that the project would have significant effects not discussed in the FEIR. None of these conditions pertain to the recommended action.
CONCLUSION:
This request is submitted for City Council to consider adopting resolution No. 2026 -, approving summary vacation of a portion of Del Monte Boulevard fronting the Marina Station Development project, finding that vacation of excess right -of way constitutes a minor alignment and street width adjustment, and authorizing the City Manager to execute the quitclaim deed on behalf of the City subject to final review and approval by the City Attorney.
Respectfully submitted,
__________________________
Morad Fakrai, PE
Consulting Principal Engineer II
Engineering Division
REVIEWED/CONCUR:
__________________________
Ismael Hernandez
Public Works Director
City of Marina
_____________________________
Layne P. Long
City Manager
City of Marina
4 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY OF MARINA APPROVING SUMMARY
VACATION OF A PORTION OF DEL MONTE BOULEVARD FRONTING THE
MARINA STATION DEVELOPMENT PROJECT SUBDIVISION, FINDING THAT
VACATION OF EXCESS RIGHT -OF-WAY CONSTITUTES A MINOR
ALIGNMENT AND STREET WIDTH ADJUSTMENT, DECLARING THE
VACATED PORTION OF DEL MONTE BOULEVARD “EXEMPT SURPLUS
LAND”, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
QUITCLAIM DEED ON BEHALF OF THE CITY TRANSFERRING THE
VACATED PROPERTY FROM THE CITY TO THE DEVELOPER SUBJECT TO
FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY, UPON
COMPLIANCE WITH SURPLUS LAND ACT GUIDELINES
WHEREAS, At the regular meeting of March 4, 2008, the City Council adopted Resolution No. 2008-45, approving the Vesting Tentative Map for the Marina Station Development Project Subdivision, located at northern property boundary of the City, and;
WHEREAS, At the regular meeting of March 4, 2008, the City Council adopted Resolution 2008 - 41, approving and certifying the Marina Station Specific Plan Environmental Impact Report, and;
WHEREAS, the approved Marina Station Vesting Tentative Map included the proposed summary vacation of a portion of Del Monte Blvd fronting the Marina Station Development to enable completion of the Marina Station project, and;
WHEREAS, in accordance with Section 8334 of the Streets and Highway code, the referenced portion of Del Monte Blvd is considered excess right -of-way not required for street or highway purposes, as the area to be vacated exceeds what is necessary for the approved Del Monte Boulevard roadway configuration following completion of detailed engineering design, and;
WHEREAS, over the past five years, the referenced portion of Del Monte Blvd has been impassable for vehicular traffic and no public fund has been expended for its maintenance, meeting the conditions of Section 8331(a)&(b) of the Streets and Highway code, and;
WHEREAS, after completion of detail design of Del Monte Blvd, the developers have submitted the Legal Description and Plat (“EXHIBIT A”) to the City for review and approval; and
WHEREAS, the vacation qualifies for Summary Vacation under California Streets and Highways Code Sections 8331 and 8334, and no public hearing is required; and
WHEREAS, the vacation of this portion of Del Monte Boulevard is necessary to implement the City-approved reconfiguration of Del Monte Boulevard, including the installation of two new modern roundabouts at Del Monte Boulevard & Street M and Del Monte Boulevard & Street BE; and
WHEREAS, a Preliminary Title Report has been obtained confirming that fee title to the vacation area is vested in the City of Marina, and no in -place public utility facilities in use would be affected by the vacation; and
5 Resolution No. 2026-
Page Two
WHEREAS, the proposed vacation constitutes a minor street alignment and right -of-way width adjustment incident to the reconfiguration of Del Monte Boulevard, and falls within the exception to the planning agency referral requirement of Government Code Section 65402(a) applicable to acquisitions, dispositions, or abandonments for street widening and alignment projects of a minor nature, such that no referral to the planning agency is required for this action; and
WHEREAS, the vacated portion of Del Monte Boulevard constitutes exempt surplus land within the meaning of Government Code Section 54221(f)(1)(E), as it is a narrow strip of former public right - of-way that is contiguous to the Marina Station development parcels, has no independent development potential, and is being transferred to the owner of contiguous land as part of a street vacation; and
WHEREAS, the Surplus Land Act requires the City to submit a description of the property and the basis for the claimed exemption to the California Department of Housing and Community Development ("HCD") prior to disposition, and the City Manager shall be directed to make such submission promptly following adoption of this Resolution; and
WHEREAS, execution and recordation of the Quitclaim Deed shall occur upon the earlier of: (a) expiration of 30 days following submission of the exemption declaration to HCD; or (b) written concurrence from HCD that the vacated property qualifies as exempt surplus land; and
WHEREAS, the vacation is within the scope of the Marina Station Specific Plan Final Environmental Impact Report (SCH No. 2005061056) certified by the City Council on March 4, 2008, and no further environmental review under CEQA is required pursuant to Section 15162 of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina that the Council affirms and directs the following :
1. The above recitals are true and correct and incorporated herein; and
2. Approve the Summary Vacation of a portion of “excess right-of-way” of Del Monte Blvd fronting the Marina Station Development Project Subdivision, as shown on attached Legal Description and Plat (“EXHIBIT A ”) pursuant to Government Code Sections 8331 and 8334; and
3. Find that the vacation of such excess right -of-way – a narrow strip along the easterly side of an existing major arterial – constitutes a minor alignment and street width adjustment falling within the exception to Government Code Section 64502(a) requiring no referral to the Planning Commission; and
4. Declare the vacated portion of Del Monte Boulevard to be “exempt surplus land” pursuant to Government Code Section 54221(f)(1)(E) upon the following findings:
a. The Property, as described in Exhibit A, was formerly excess right -of-way that is vacated pursuant to Government Code Sections 8331 and 8334 as set forth herein.
6 Resolution No. 2026-
Page three
b. The Property constitutes surplus land as defined in Government Code Section 54221(b), in that it is land owned in fee simple by the City for which the City's governing body has determined the land is not necessary for the City's use. c. The Property qualifies as “exempt surplus land ” under Government Code Section 54221(f)(1)(E), because: (i) it is a former right of way; and (ii) it will be conveyed to Marina Station, LLC, who is the owner of property adjacent to the Property. d. The Property is not located within any of the areas described in Government Code Section 54221(f)(2), that would preclude the Property from qualifying as exempt surplus land; and
e. direct staff to submit the exemption declaration to the California Department of Housing and Community Development (“HCD”) in accordance with the Surplus Land Act; and
5. Authorize the City Manager to execute a quitclaim deed on behalf of the City transferring the vacated property from the City to Marina Station, LLC , subject to final review and approval by the City Attorney upon the earlier of: (a) the expiration of 30 days following submission of the exemption declaration to HCD; or (b) written concurrence from HCD that the vacated property qualifies as “exempt surplus land” in accordance with the Surplus Land Act Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026, 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
7 EXHIBIT A
8 EXHIBIT A
9 April 21, 2026 Item No. 10g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL CONDISER ADOPTING RESOLUTION NO. 2026- ,
AUTHORIZING APPROVAL OF AGREEMENT WITH PECKHAM &
MCKENNEY AND ASSOCIATES FOR RECRUITMENT SERVICES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY
REQUEST:
It is recommended that the City Council consider adopting Resolution No. 2026 - :
1. Approving an agreement with Peckham & McKenney to provide recruitment services to the City of Marina for the Finance Director recruitment; and
2. Authorizing the City Manager to execute the agreement subject to review and approval by the City Attorney.
BACKGROUND:
The City’s Finance Director, has announced their upcoming retirement, effective May 2026. To support a successful leadership transition and reduce the risk of disruption in financial oversight, the City is initiating the recruitment process immediately with the goal of securing a permanent Finance Director as soon as possible. Given the essential responsibilities of this position, including oversight of budgeting, accounting, financial reporting, audits, and long-range fiscal planning, it is critical that the City begin the recruitment process promptly, to attract experienced and highly qualified candidates.
Recruiting for senior municipal finance leadership roles is increasingly competitive, particularly for positions requiring both technical expertise and executive-level management experience in local government. While the City has successfully managed recruitments internally in some cases, executive search firms can provide broader outreach, targeted candidate sourcing, and access to passive candidates who are not actively seeking new opportunities. For this reason, staff recommends engaging a specialized municipal executive recruitment firm to support this search.
ANALYSIS:
After evaluating several firms with expertise in local government executive recruitment, staff identified Peckham & McKenney as the most qualified partner to conduct the Finance Director search. The firm has extensive experience recruiting executive-level municipal leaders throughout California and the western United States and is well regarded for its tailored recruitment strategies and strong public-sector networks.
For this recruitment, Peckham & McKenney has assigned Roberta Greathouse as the lead recruiter.
Ms. Greathouse brings substantial executive leadership experience in local government, having served both as a City Manager and Human Resources Director. Her background provides a valuable perspective in assessing the leadership, technical knowledge, and organizational fit required for senior executive roles. In addition, as a Monterey County resident with prior service to both the City of Monterey and the City of Seaside, Ms. Greathouse offers regional insight and familiarity with the local government landscape and candidates that will strengthen the recruitment process and outreach. 1 The firm’s recruitment approach includes stakeholder consultation, development of a customized candidate profile, targeted advertising, proactive outreach to qualified professionals, screening and evaluation of applicants, interview coordination, and reference and background verification. This comprehensive process is designed to attract a strong and diverse pool of candidates while assisting the City move efficiently through recruitment and selection.
By engaging Peckham & McKenney, the City will be positioned to complete a timely and competitive recruitment process, minimizing any leadership gap and ensuring continuity in the City’s financial management functions.
FISCAL IMPACT
There is no impact to the Fiscal Year 25/26 budget as this will be funded through salary savings.
CONCLUSION:
This request is submitted for City Council consideration and approval.
Respectfully submitted,
____________________________
Belinda Varela, Director
Human Resources & Risk Management
City of Marina
REVIEWED/CONUR:
____________________________
Layne Long
City Manager
City of Marina
Attachments:
Exhibit A – Proposal Submitted by Peckham & McKenney
Exhibit C – Professional Services Agreement
2 RESOLUTION NO. 2026-
CITY COUNCIL CONDISER ADOPTING RESOLUTION NO. 2026- , AUTHORIZING
APPROVAL OF AGREEMENT WITH PECKHAM & MCKENNEY AND ASSOCIATES
FOR RECRUITMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT SUBJECT TO REVIEW AND APPROVAL BY THE CITY
ATTORNEY
WHEREAS, in May of 2026, the Finance Director will retire; and, WHEREAS, the City searched for specialized recruitment service firms for executive positions; and, WHEREAS, under the recommended and proposed agreement, Peckham and McKenney will provide to the City of Marina, recruitment services to fill the Finance Director vacancy; and; WHEREAS, the contract with Peckham and McKenney, proposes Roberta Greathouse as the lead recruiter; and,
WHEREAS, Roberta Greathouse has extensive experience in the public sector and recruiting for executive level government positions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina do hereby:
1. Approving an agreement with Peckham & McKenney to provide recruitment services to the City of Marina for the Finance Director recruitment; and
2. Authorize the City Manager to execute the agreement subject to review and approval by the City Attorney.
PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026, 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 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919 Ma
rch 25, 2026
Belin
da Varela, Director of Human Resources
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Vi
a PDF/Email To: [email protected]
Dea
r Belinda,
Thank you for considering Peckham & McKenney for the City of Marina’s Finance Director recruitment. Peckham & McKenney has enjoyed our relationship with the City and would be honored to work with the City on this critical recruitment. We look forward to the opportunity to specifically find exceptionally skilled and experienced candidates that will work effectively with the City Manager and executive team, serve City residents and the community, and work successfully with the staff.
Peckham & McKenney is a well-established and experienced, honest and communicative, hardworking, and service oriented firm. We are known for achieving successful and long-term placements. As a firm that only conducts recruitments for cities, counties, and special districts – and primarily in California, some of our distinguishing attributes include:
We actively and personally search for, find, and pursue candidates throughout California and the nation. We don’t act as a supermarket and wait for (or expect) prospective applicants to simply find a position on our website, in an ad, or from social media.
Through an extensive personal and corporate network, and with a keen understanding of what our client is looking for, we market your opportunity and use the telephone and LinkedIn along with text, email, and social media to find candidates. We limit the number of concurrent searches to directly focus on serving our client. We prioritize a respectful, thorough, responsive, communicative, and complete process to represent our client in the best light, keep everyone informed, and make the recruitment process a positive experience. Furthermore, we communicate with applicants and treat them with respect.
EXHIBIT A
4 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
Your Recruiter is personally, solely, and directly responsible for all aspects of the search; your Recruiter is also your one point of contact. In other words, your Recruiter who knows about the Agency and the responsibilities of the vacant position handles all components of the recruitment (for example, preparing the Candidate Profile, conducting outreach, reviewing applicants, presenting applicants, facilitating interviews, and conducting reference checks.
The Peckham & McKenney team is made up of retired municipal managers and directors who are passionate about the public sector. As a Recruiter with Peckham & McKenney, I am proud to work with our team because we value and prioritize assisting public agencies in furtherance of good government; placing quality above quantity; and building long lasting relationships with those in the public service.
For this recruitment, I will serve as your Recruiter. In addition to serving as a City Manager, I am a former Human Resources Director, and I have a great deal of experience conducting recruitment and selection processes. Additionally, I am a resident of Monterey County and formally worked for both the Cities of Monterey and Seaside, so I am very familiar with the local area and candidate pool.
Attached is a detailed proposal for conducting search processes for the City that includes information about our firm, process, timeline, resources, references, experience, and fee. We charge a fixed, all-inclusive fee and the fee for the City’s search would be $27,500, which I would be pleased to discuss.
I would also be pleased to take part in an interview to personally present and discuss our proposal. Upon being selected to conduct a search, we would also be prepared to start right away.
I am excited for the opportunity to implement the process leading to the successful placement of a candidate that “fits” your interests and the organization. Please feel free to call me at (831) 998-3194 if there are any questions.
Sincerely,
Roberta Greathouse
Executive Recruiter
[email protected]
Enclosures:
City of Marina Search Proposal
Sample Candidate Profile
EXHIBIT A
5 RECRUITMENT PROPOSAL
For
City of Marina
Finance Director
March 25, 2026
EXHIBIT A
6 1 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
TABLE OF CONTENTS
Why Choose Us? .................................................................................................... 2
Experience ............................................................................................................. 3
Your Recruitment Team .......................................................................................... 5
The Search Process and Schedule .......................................................................... 7
Cost of Services ..................................................................................................... 8 Cost of Services
Process of Payment
Insurance
Guarantee, Commitment and Diversity ................................................................... 9 Guarantee
Commitment
Diversity Statement
EXHIBIT A
7 2 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
Why Choose Us?
Peckham & McKenney focuses on quality searches and
placements (over quantity) in recognition that each placement is “All about fit”. Serving local government since 2004, we are one of the most trusted and respected executive recruitment firms in the country. We have successfully placed hundreds of local government professionals including City Managers, County Executive Officers, General Managers, Police and Fire Chiefs, Department Heads, Assistant Managers, and mid-level Managers. Time and again, we receive unsolicited
compliments from clients and candidates in reference to our integrity and high ethics, commitment, follow-through,
communication, and service. We take pride in treating both our clients and candidates with utmost respect.
Our Commitment To You
Peckham & McKenney, by maintaining the
quality, style, values and culture established by
Bobbi Peckham and Phil McKenney, performs on
the premise that an executive search firm must
be dedicated to providing its clients and
candidates with professional and responsive
service, and a personal, hands-on approach.
Our business philosophy is founded on the
understanding that we are in a “people” related
industry and that attention to others’ needs is
the key to providing effective customer service.
We believe in honesty. No client should ever
appoint an individual without being fully
knowledgeable of the candidate’s complete
background and history. Additionally, no
candidate should ever enter into a new career
opportunity without full disclosure of any
organizational “issues.”
We keep everyone involved in the recruitment
process informed. Not only do we provide
regular updates to our clients, we also have a
reputation for keeping our candidates up to date.
We do not recruit staff from our client agencies for
another recruitment during an active engagement nor
do we “parallel process” a candidate, thereby pitting
one client against another for the same candidate.
We do not recruit our placements – ever. Should a
placement of ours have an interest in a position for
which we are recruiting, they may choose to apply. If
they become a finalist, we ask that they speak to their supervisor to alert them of their intent.
We are retained only by client agencies an only serve
cities, counties and special districts. We are not
retained by applicants or non-governmental agencies.
We do not over commit ourselves to too many
searches. Your recruiter maintains a small, limited
number of concurrent searches at all times to focus
specifically and diligently on recruiting qualified
candidates for your vacancy.
We commit to diversity in its broadest possible
definition in every aspect of each executive
recruitment
EXHIBIT A
8 3 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
EXPERIENCE
With our recruitment team that solely consists of retired City Managers, Assistant City Managers, Police Chiefs and Department Heads, and our expert support team, Peckham & McKenney brings more experience and knowledge of local government and executive search than any other California recruiter. Our recent experience conducting Finance related positions includes:
Albany, CA Finance Director
Camarillo, CA Assistant Finance Director
Elk Grove, CA Finance Director
Fillmore, CA Finance Director
Hayward, CA Deputy Finance Director
La Canada Flintridge Finance Director
Los Altos Hills, CA Administrative Services Director
Los Altos, CA Finance Director
Martinez, CA Finance Director
Midway City Sanitary District, CA Director of Finance/HR Napa, City of Finance Director
Ojai, CA Finance Director
Pasadena, CA Finance Director
Piedmont, CA Finance Director
Rohnert Park, CA Finance Director
San Lorenzo Valley Water District Director of Finance
San Pablo, CA Administrative Services Director
Stockton, CA Chief Financial Officer
Stockton, CA Procurement Officer
Stockton, CA Budget Officer
Sunnyvale, CA Finance Director
Vallejo, CA Finance Director
In addition, Roberta is currently conducting the recruitment for the City of Livermore’s Administrative Services Director.
Please don’t hesitate to contact these agencies as well as our large list of current and former clients on our website (here); they will attest to our quality of service, on-going communication throughout the process, personal and direct outreach and sourcing of candidates, quality applicant pool, written materials and interview facilitation.
As an ambassador of our clients, Peckham & McKenney is also known for maintaining ongoing communications with our applicants throughout the search process, treating every applicant with respect, and appropriately informing candidates to support their best effort. The many compliments we have received from applicants fairly illustrate this reputation.
EXHIBIT A
9 4 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
Testimonials from clients and candidates are at
https://www.peckhamandmckenney.com/testimonials.
Please feel free to contact any of our current or past clients to inquire about their experience with Peckham & McKenney. Any client contact and phone numbers not listed in this proposal can be provided. A few references are as follows:
• City of Pittsburg: City Manager & Human Resources Director Jennifer Brizel, Human Resources Director, (925) 252-4898, [email protected] • City of Palo Alto: Chief Transportation Official & Assistant Director of Open Space, Parks, Golf Ana Dean, Sr. HR Administrator, (650) 329-2254 [email protected] • City of Morro Bay: City Manager
Rachael Hendricks, HR Manager (805) 771-7210 [email protected] • City of Sand City: City Clerk & Planning Manager
Vibeke Norgaard, City Manager (415) 516-6674 [email protected]
Comfortable and Professional
Experience
“I’d like to thank you again for your support and
guidance throughout the recruitment and
selection process. It was a comfortable and
professional experience, and I attribute a great
deal of that to you. It’s my hope that our
professional paths may cross a gain in the
future.”
Candidate
Straightforward, Friendly, and
Humane Recruitment Process
“I wanted to let you know what a terrific job I
thought you and Peckham & McKenney did
on the recruitment. It was absolutely the
most straightforward, friendly, and humane
recruitment process I’ve ever participated
in. And I would feel the same way even if the
outcome was not successful for me.”
Candidate
You Made Me Feel So Comfortable
“This is my first time working with a recruiting
company, and I’m so happy for having the
opportunity to work with your company, wow!
I truly enjoyed the process! Your interview
skills are amazing! You made me feel so
comfortable and I felt like I was just talking
shop with a longtime friend. Thanks for the
personal touch that you include in your job, I
believe that this is what makes your firm so
desirable and successful.”
Candidate
Proactive and Responsive
Diana worked with the City to fill the Chief of Police
position early in 2023. Diana is clearly well
respected in the LEO community and has a vast
network which led to a competitive pool of
candidates for the City to select from. Diana was
proactive from our very first meeting and always
very responsive. The City team valued Diana’s
integrity, opinion and sense of humor. She was a
pleasure to work with and I wouldn’t hesitate to
hire her for any executive recruitment critical to
your organization. Client
EXHIBIT A
10 5 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
YOUR RECRUITMENT TEAM
Our Approach
With every Peckham & McKenney recruitment,
your Recruiter has the entire Peckham &
McKenney team of Recruiters and administrative
personnel for backup, support, collaboration, and
sourcing. However, when you retain Peckham &
McKenney, your Recruiter serves as your single
point of contact throughout the entire search
process and is fully responsible for its success.
Moreover, to fully focus on your search and finding
applicants that fit with the ideal candidate you are
seeking, your Recruiter also maintains no more
than six active searches.
The Executive Recruiter for you in this search is Roberta Greathouse.
Roberta Greathouse, Executive Recruiter
Roberta enjoyed a 34-year career in the public sector, retiring from the City of Seaside, California as the Human Resources Director and Risk Manager, where she also served as the City’s Acting City Manager for almost one year. Prior to joining Seaside’s team, Roberta served the City of Monterey for 18 years in a variety of departments and roles. Roberta is experienced in every aspect of human resources including labor and employee relations, recruitment, selection, classification and compensation, employee benefits, workers’ compensation, and employee development. She has a Bachelor’s degree from Colorado State University, is a Senior Certified Human Resources Professional (PSHRA-SCP), and a certified Risk Management Practitioner (RMP). She was nominated for the California Joint Powers Insurance Authority’s coveted Capstone Award in 2016 for her leadership in Risk Management.
Roberta is supported by the following team.
Joyce Johnson, Operations Manager
Joyce Johnson joined Peckham & McKenney in 2005 and serves as the firm’s Operations Manager. She has over 30 years' experience in the field of administrative and executive support for all aspects of the executive recruitment process. She oversees internal administration of the firm as well as directing contract administrative support in the areas of advertising and design, web posting, and duplication and mailing services. Prior to joining Peckham & McKenney, Ms. Johnson oversaw internal administration in the Western Region headquarters of two national management consulting and executive recruitment firms. Ms. Johnson is complimented regularly on her strong customer orientation working Peckham & McKenney Team
EXHIBIT A
11 6 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
with both clients and candidates alike. Ms. Johnson holds an Associate of Arts degree from American River College.
Tayler Bergstrom, Research Assistant
Tayler Bergstrom joined Peckham & McKenney in 2022 and currently serves as a Research Associate. Tayler is currently pursuing a PhD at UCLA where she worked previously as a lab manager overseeing various research projects. Prior to that, Tayler graduated from UC San Diego with a Bachelor of Science degree in Psychology.
Linda Pucilowski, Graphic Designer
With over 30 years of experience, Linda Pucilowski provides her expert design and marketing skills to Peckham & McKenney. She is the firm’s “go-to” professional for all advertising and brochure design and creation. Ms. Pucilowski holds a Bachelor’s degree from California State University, Sacramento.
Rachel Moran, Website & Social Media Assistant
Rachel Moran has been in the graphic design field since 2007 and prides herself on creating eye-catching visual art. She supports the Peckham & McKenney team by handling all website visual and technical design as well as social media. Ms. Moran graduated from the Art Institute of Houston obtaining her Bachelor’s Degree in Fine Arts with a concentration in Graphic Design.
EXHIBIT A
12 CITY OF MARINA – FINANCE DIRECTOR
DRAFT SEARCH SCHEDULE
April 16, 2026
Activity Time Frame
Project Organization
✓ Conference call to discuss Search Timeline, Process and Logistics April 22 Development of Candidate Profile
✓ In Person Meeting w/Client to discuss Candidate Profile ✓ Listen to Specific Expectations of Position
✓ Learn Background and Experiences desired in Ideal Candidate ✓ Develop Marketing Brochure and Obtain Client Approval ✓ Develop Advertising and Recruiting Plan
April 22 – May 6
Recruitment
✓ Recruiter focuses on Direct & Personal Outreach with Quality Potential Candidates ✓ Advertise, Network, and Electronically Post/Distribute Candidate Profile Up to 500 Identified Industry Professionals
✓ Post Opportunity on Firm’s Website
✓ Respond to all inquiries and acknowledge all Resumes received within 48 hours ✓ Client will be Updated on Outreach Status and Progress May 10 – June 14
Preliminary Interviews
✓ Recruiter Screens Resumes and Conducts Preliminary Internet Research on Candidates for any Areas of Concern
✓ Identify Leading Candidates and Request Supplemental Questionnaires ✓ Conduct Preliminary Phone Interviews with Leading Candidates June 24 & 25
Recommendation of Candidates/Selection of Finalist(s)
✓ Provide Client with Recommended Candidates Packet
✓ In person Meeting to Provide Overview of Recommended Candidates ✓ Client Selects Finalist Candidate(s) for Finalist Interview Process ✓ Recruiter Notifies all Candidates of Status in Recruitment Process July 2
Finalist Interview Process
✓ Facilitate Panel Interviews for Client – In Person Meeting ✓ Recruiter will Provide Orientation Session prior to Interviews and Debrief Session after the Interviews
✓ Assist Client throughout Process and Provide Recommendations ✓ Client Selects Candidate or Leading 2-3 Candidates for Further Consideration ✓ Client Conducts Second Interview Process on June 19
July 13
Qualification
✓ Conduct Background and Reference Checks on Selected Candidate (non-public safety only)
✓ Provide Employment Agreement Negotiation Assistance, if desired by Client One - Two Weeks
EXHIBIT A
13 8 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
COST OF SERVICES
The proposed fee to conduct the search process will be $27,500, which we are pleased to discuss. The fee is all-inclusive for the services described herein to achieve success in your search.
Peckham & McKenney is unique among recruiting firms for several reasons including having a fixed all-inclusive fee. We have found that an all-inclusive fee is simpler, cost-effective, and efficient. Our all-inclusive fee includes professional fees and expenses (out-of-pocket costs associated with advertising, consultant travel, administrative support / printing / copying / postage / materials, telephone / technology, internet research on recommended candidates, and full background check on the selected finalist. For services not specified herein, we will discuss your interests and the appropriate fee.
Process of Payment
Payments Due Invoiced
First 1/3 of Payment Upon Execution of Contract Retainer to Cover Upfront and Necessary Expenses Incurred1, 2
Second 1/3 of Payment 60 Days after
Contract Execution
Invoiced 30 Days from
Contract Execution2
Final 1/3 of Payment 90 Days after
Contract Execution
Invoiced 60 Days from
Contract Execution2
1. If the retainer is not received by Peckham & McKenney within 30 days of execution of the agreement, the recruitment process may be suspended until payment is received.
2. Due within 30 days following the invoice date.
Agreement
Peckham & McKenney is the operating name of City Management Advisors LLC, Anton Dahlerbruch, Managing Member.
Insurance
City Management Advisors doing business as Peckham & McKenney carries Professional Liability Insurance ($1,000,000 limit), Commercial General Liability Insurance ($2,000,000 General Liability, and $4,000,000 Products) and Automobile Liability Insurance ($1,000,000).
Our Insurance Broker is B&B Premier Insurance Solutions, Agoura Hills, CA. Necessary insurance documentation will be provided to the City in a timely manner.
EXHIBIT A
14 9 | Peckham & McKenney | www.PeckhamAndMcKenney.com | (866) 912-1919
GUARANTEE, COMMITMENT AND DIVERSITY STATEMENT
Our Placement Guarantee
We are pleased to share that the Peckham & McKenney success and placement record are particularly strong. We are confident that our recruitment process will result in a quality candidate that will stay in your employment.
We will connect with the City in six months and one year after the appointment, We will conduct a second search within six months of our search process if a candidate is not placed, and
If the placement vacates the position within one year from the date of accepting the offer, we agree to conduct a second search within six months of the vacancy as follows:
Because of how we conduct recruitments, it
is unusual that we are unsuccessful in
providing a placement, an individual is not
placed, or the placement vacates the
position within a year. In the unlikely event
that no qualified candidates are identified as
a result of the search efforts, and it is
mutually agreed that the result is due to the
search effort and/or process, we will extend
the search for a second time for $7,200
(expenses). Otherwise, if a second search
is necessary, a qualified applicant is not selected, or the selected candidate is separated from employment within one year after accepting the offer, a second search will be conducted within six months for the discounted fixed fee of $17,350 (external candidates only, and except in the event of budgetary cutbacks, promotion, position elimination, or illness/death, etc.).
Our Diversity Statement
Peckham & McKenney takes pride in our commitment to diversity and are known for long successful tenures of candidates selected by the agency.
Peckham & McKenney does not discriminate on the basis of race, color, religion, creed, sex/gender, national origin/ancestry, disability, pregnancy, sexual orientation (including transgender status), marriage or family status, military status, or age. We are fully compliant with all applicable federal and state employment laws and regulations in all our recruitments.
In addition to all other outreach methods and maintaining a website the fully accessible through
Accessibe.com, Peckham & McKenney routinely advertises with the Women Leading Government, I-NAPA, National Forum of Black Public Administrators (NFBPA), Local Government Hispanic Network (LGHN) and the National Diversity Network to ensure the broadest placement of opportunities.
EXHIBIT A
15 Administrative
Services Director
CITY OF LIVERMORE, CALIFORNIA
EXHIBIT A
16 The Community
Livermore is California’s oldest wine
region, framed by award-winning
wineries, farmlands, and ranches that
mirror the valley’s western heritage.
Founded in 1869, Livermore is located in
the San Francisco Bay Area, in Alameda
County. The City has a population of over
87,000 and encompasses 26.44 square
miles. Livermore’s location and mild
climate enhances the pursuit of a more
relaxed, less congested lifestyle.
Quality of life is a fundamental part of the
Livermore experience. The City boasts a
unique environment for both residents
and businesses — a peaceful small-
town atmosphere along with a widely
diverse economic base that rivals a major
metropolis. Livermore offers unbeatable
community experience with access to 42
parks, 15 miles of bicycle trails and paths,
Lake Del Valle recreation area, three
library facilities, three championship golf
courses, a municipal airport, cultural and
civic events year-round, and the beautiful
Livermore Wine Country.
Livermore’s arts, culture, western
heritage, and vibrant wine industry
provide a unique blend to this special
community. Historic Downtown
Livermore is enjoying a renaissance,
reestablishing the downtown as
the City’s preeminent shopping,
dining, entertainment, and cultural
district with a 10-screen cinema and
a 500-seat performing arts center.
With the addition of a new mixed-
used neighborhood with over 4,000
housing units along with several other
residential and mixed-use projects
planned or underway throughout the
city, Livermore is creating additional
opportunities for an active and
environmental responsible living
experience.
Home to renowned science and
technology centers, such as Lawrence
Livermore National Laboratory and
Sandia National Laboratory, Livermore
is a technological hub and an
academically engaged community. It
is an integral part of the San Francisco
Bay Area, successfully competing in the
global market powered by its wealth of
research, technology, and innovation.
The character, heritage, and smart
growth of Livermore make it a special
place to live, work, and play. To learn
more about the City of Livermore, please
visit the City’s website.
The Organization
The City of Livermore strives to deliver
high-quality, attentive and courteous
services to its residents and businesses;
promotes economic vitality and
innovation; and works to enhance
the quality of life in the community
through public safety, natural and built
environment, and support for education
and the arts. The City subscribes to a
core set of organizational excellence
values that incorporate ethics, customer
service, accountability, teamwork,
quality, and continuous improvement.
Livermore is a General Law City with a
Council/Manager form of government.
The City Council consists of five
members with a Mayor, who is elected
at large for a two-year term, and four
Council members who are elected by
district to overlapping four-year terms.
The City has a biennial budget and
five-year financial and capital plans.
Annually, the General Fund spending
is approximately $158.3 million (based
on FY 2025-26 budget), and total
annual budget including capital funds
is $317.4 million. There are 508 full-time
equivalent employees, including the
City’s share of the Livermore Pleasanton
Fire Department’s staff. The 2025-2030
five-year capital budget is $318.7 million.
The City’s budgets can be found online
at Budget | Livermore, CA .
The City organization prides itself on
its team-oriented approach in which
departments and the executive team
work together and in collaboration with
the City Council to find creative solutions
to issues. The community is very
supportive of its City government; the
staff and City Council enjoy a positive
and mutually respectful relationship.
Community engagement is a priority
for the City, and executive leadership
is expected to both engage with the
constituents directly and foster such
opportunities for staff.
EXHIBIT A
17 must possess the ability to lead and
innovate in all areas of the department.
The selected candidate will be motivated
by, and passionate about, providing
first-class, and quality services to the
community of Livermore and thrive in
an organizational culture of excellence.
Additionally, they will demonstrate a
track record of:
• Relationship building and serving as
a strategic thought partner to the City
Manager and City team to achieve
organizational goals;
• Flexibility, creativity, and process
improvement through innovative
thinking;
• Leading with kindness and
compassion;
• Emotional intelligence, strategic and
visionary leadership; outstanding
communication skills, and strength in
engaging with stakeholders;
• Valuing and infusing diversity or
perspectives and experiences in all
aspects of the role and City services;
• Successfully managing complex
projects from inception to completion;
• Leading and managing internal
operations through collaboration,
teamwork, mentoring and coaching,
and building on individual’s strengths;
• Calm and centered as a communicator
with outstanding listening skills
and thus able to facilitate, mediate,
and build consensus. Possess
interpersonal and communication
skills that are versatile and appropriate
for each situation and all audiences;
and
• Ethical, honest, respectful,
professionally trustworthy and
customer service focused, and instills
these as core values in the team.
SHORT-TERM GOALS
• Implement a 311 mobile App.
• Design and launch a new website
chatbot to streamline public access
to City information, reporting issues,
and paying bills.
• Improve information technology (IT)
governance and internal controls to
ensure the City’s systems are secure.
• Continue implementing a GIS
program.
• Complete transition of all contracts
and other City agreements to the
new Contract Lifecycle Management
system to ensure comprehensive
review of City contracts and
agreements while improving
efficiency of processing contracts and
agreements.
• Automate, streamline, and simplify
employee performance review
process.
• Update Personal Rules.
• Create an employee training program
that incorporates core competencies
like project management,
presentations, communication and
negotiating skills, to provide training
opportunities to develop future
leaders and managers.
• Prepare for the next biennial budget
cycle, including five-year financial
plan development, and fee updates.
The Ideal Candidate
The City Manager seeks a well-rounded
and experienced municipal leader with
strong critical thinking skills and in-depth
experience with municipal budgeting
and finances. Experience with Human
Resources and Information Technology
will be valued as the ideal candidate
These services include accounting,
budgeting, treasury, financial reporting,
purchasing and contracts oversight,
payroll, employee and labor relations,
benefits administration, recruitment,
cyber risk management, and
information technology deployment
and management.
The Department recently implemented
a new ERP system, contracts lifecycle
management (CLM) system, GIS system,
and SCADA system. The department
continues to evaluate opportunities to
automate and streamline its operations.
In addition, the City recently completed
negotiations with all bargaining units,
and updated four-year Memorandums
of Understanding (MOUs) are in place.
The Department
The mission of the Administrative
Services Department is to provide
resource management to enable the
organization to focus on enhancing
the quality of life for residents and the
community now and in the future. The
Administrative Services Department
is compromised of three divisions,
Finance, Human Resources, and
Information Technology, with 39.5
FTEs. It is responsible for providing
administrative and support services to
all the City's operating departments, City
Council, advisory bodies, City Manager,
employees, and Livermore residents.
EXHIBIT A
18 The Recruitment Process
To apply for this key position and
exciting career opportunity, please
submit a current resume with month
and year of employment and compelling
cover letter through our website at:
Peckham & McKenney
www.peckhamandmckenney.com
Resumes are acknowledged within
two business days. Contact Roberta
Greathouse at 831.998.3194, toll-free at
866.912.1919, or via email to Roberta@
PeckhamandMcKenney.com if you have
any questions regarding this position or
the recruitment process.
Experience/Education
Requirements
The equivalent of six years of
progressively responsible and
professional financial, human resources,
information technology or combined
experience in the public sector with
at least three years of executive
managerial experience in program
planning and development, staff
supervision, and budget preparation
and management and a Bachelor's
degree from an accredited college or
university with a degree in business,
accounting, finance, human resources,
information technology, or related field.
A Master's degree in a related field or
the equivalent in continuing education
related coursework is highly desirable.
The Compensation Package
The annual salary for this at-will position
is $219,642 - $274,553, depending on
qualifications.
MONTHLY ALLOWANCES: Auto: $250,
Cell Phone: $90, and Health Club: $125.
RELOCATION ALLOWANCE: Up to $5,000
for moving expenses available upon
City Manager approval.
RETIREMENT:
• CalPERS Defined Benefit Pension:
» Classic members 2% @ 60 -
Employees pay the 7% employee
contribution.
» PEPRA members 2% @ 62 –
Employees pay the full employee
contribution (50% of the normal
cost).
• 401a Supplemental Retirement Plan:
Voluntary employee irrevocable
contributions of either pre-tax
salary (0-15% or flat dollar amount);
irrevocable leave election vacation
/ admin leave or termination pay
(vacation only).
• 457 Plan –The City will contribute
$185/per pay period with a $75/per
pay period employee contribution.
• The City does not participate in
Social Security, however, it does
participate in Medicare and the
employee portion is 1.45%.
Health & Welfare Benefits:
CAFETERIA PLAN: $1,950 / mo to be
used toward medical, dental, & vision
insurance premiums. Unused balance is
paid in cash.
LIFE / AD&D: $175,000 for employees &
$1,000 for dependents with the option
to purchase additional life insurance
(not to exceed 5xs annual earnings).
LONG TERM DISABILITY: LTD coverage
of 60% of monthly base salary up to
$6,000 after 180-day waiting period.
RETIREE HEALTH SAVINGS ACCOUNT
(RHS): The City will contribute an
amount equal to 4% of base pay to the
employee’s RHS account.
ANNUAL PAID TIME OFF: Up to 24 days
vacation based on longevity; 12 days
sick leave; 12 holidays; and up to 112
hours of admin leave. Credit for years
of public sector service for determining
advanced vacation accrual will be
considered.
SEVERANCE PAY: Three months’ salary
and benefits except for termination for
cause.
Search Schedule
Filing Deadline: .................................................................... March 1, 2026 Preliminary Interviews (telephonic): ........................ March 9 & 10, 2026 Recommendation to City: ................................................ March 24, 2026 Panel Interviews (Zoom): ...................................................... April 2, 2026 Finalist Interviews (In-Person): .............................. Week of April 6, 2026 These dates have been confirmed, and it is recommended
that you plan your calendar accordingly.
www.peckhamandmckenney.com
EXHIBIT A
19 1
CITY OF MARINA
AGREEMENT FOR RECRUITMENT SERVICES
THIS AGREEMENT is made and entered into on April 22, 2026, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and Peckham & McKenney, an Executive Search Firm, 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 recruitment services for the Finance Director position, 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.
Attached as Exhibit A.
(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
EXHIBIT B
20 2
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 April 22, 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.
(b) Contractor shall commence work on the Project on or by April 27, 2026. 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.
(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 twenty seven thousand five hundred dollars ($27,500.00) in accordance with the provisions of this Section.
EXHIBIT B
21 3
(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.
(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.
(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
EXHIBIT B
22 4
(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 Belinda Varela, Human Resources Director 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 Roberta Greathouse, Executive Recruiter, 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.
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 quality of all work performed. If such persons are utilized, they shall be charged at cost.
City reserves its 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,
EXHIBIT B
23 5
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 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.
EXHIBIT B
24 6
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.
(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,
EXHIBIT B
25 7
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 Profession al 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. 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 obligation 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 sect ion. Failure
EXHIBIT B
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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 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
EXHIBIT B
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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. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
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
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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 provision 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.
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
EXHIBIT B
29 11
To Contractor: Peckham & McKenney
300 Harding Boulevard, Suite 203D
Roseville, CA 95678
(866) 912-1919
The parties my 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
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.
EXHIBIT B
30 12
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 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.
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 CONTRACTOR
By: By:
Layne Long Anton Dahlerbruch
City Manager Peckham & McKenney
Date: _______________________ Date: ___________________
By:
City Clerk
Approved as to form:
By:
City Attorney
EXHIBIT B
31 EXHIBIT A
Section 1 (a)
- SCOPE OF WORK -
A-1
EXHIBIT B
32 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 B
33 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 B
34 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 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.
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 B
35 April 12, 2026 Item No: 10g(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council/Airport Commission of April 21, 2026
CITY COUNCIL /AIRPORT COMMISSION CONSIDER ADOPTING
RESOLUTION NO. 20 26- , APPROVING A GROUND LEASE AGREEMENT BETWEEN THE CITY OF MARINA AND JOBY AERO, INC FOR A 14,495 SQUARE FEET (±0.33 GROSS ACRES) EAST TARMAC AT 3240 IMJIN ROAD, ,AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE
AGREEMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW
AND APPROVAL BY CITY ATTORNEY , AND AUTHORIZING FINANCE
DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY
ENTRIES
REQUEST:
It is requested that the City Council/Airport Commission consider adopting Resolution No. 2026:
1. - , Approving a Ground Lease Agreement between the City of Marina and Joby Aero, Inc. for a 14,495 square feet (± 0.33 gross acres) portion of the developed east tarmac, at 3240 Imjin Road for a period of four (4) years with an option to extend such lease for an additional four (4) years; and
2. Authorizing the City Manager to execute the Ground Lease Agreement on behalf of the City, subject to final review and approval by City Attorney; and
3. Authorizing Finance Director to make necessary accounting and budgetary entries.
BACKGROUND:
The east tarmac of the Marina Municipal Airport is graded and improved with asphalt surfaces.
Joby Aero, Inc. proposes the construction of a 2,025 -square-foot elevated vertiport structure to be located on a 14,495-square-foot (±0.33 gross acres)
developed portion of the east tarmac at the Marina Municipal Airport (“EXHIBIT A”).
The structure is proposed to be prefabricated off -site and assembled on the proposed leased premises. It will be used for airport purposes to conduct aeronautical activities associated with flight testing and demonstrations.
ANALYSIS:
The proposed Ground Lease Agreement includes a 14,495 square feet (± 0.33 gross acres) lease area for the construction of a 2,025 square foot elevated vertiport structure for flight testing and demonstrations.
Use of the proposed structures will include: Aeronautical use in connection with Joby Aviation flight testing, aircraft certification, and demonstrations.
Joby Aero, Inc. has submitted a Site and Architectural Design Review application for 2,025 square feet elevated vertiport to the Planning Division. On March 17, 2026, the City Planning Department approved and issued the permit for construction of the elevated vertiport. 1 The attached “EXHIBIT B” includes the proposed Ground Lease Agreement. Notable terms of the Lease include:
• One 4-year term with a one 4-year extension for each Option (totaling 8-years if option is exercised)
• Option 1 must be exercised within 6 months prior to the expiration of the existing lease term.
• The Base Rent for the 14,495 square feet premises is $0.08 per square foot:
$1,159.60 per month
$13,915.20 per year
$55,660.80 over 4-years
One 4-year extension exercised $111,321.60 over 8-years
The proposed Ground Lease will support significant advancement in Advanced Air Mobility (AAM), including the development of the nation’s first elevated vertiport, and will result in increased rental revenue totaling approximately $111,321.60 by year eight, once the lease option is exercised. This growth in rental revenue will assist in financing airport improvements, including capital improvements and ongoing operational expenses.
FISCAL IMPACT:
Should the City Council approve this request, anticipated annual rent revenue to the airport will be $13,915.20 for year one , approximately $55,660.80 at year 4, and once option is exercised $111,321.60 over 8 -years. Ground lease rent revenue is recorded to FY 2025/2026 Budget, Airport Operations Fund 555, Facilities Rents Tarmac Use , Account No. 555.000.000.00 - 5460.700.
CONCLUSION:
This request is submitted for the City Council/Airport Commission consideration and approval.
Respectfully submitted,
_____________________________
Adarian A.J. Lawson
Airport Manager
City of Marina
REVIEWED/CONCUR:
___________________________
Courtney Lindberg
Assistant City Manager
City of Marina
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL /AIRPORT COMMISSION OF THE
CITY OF MARINA APPROVING A GROUND LEASE AGREEMENT BETWEEN THE CITY OF MARINA AND JOBY AERO, INC FOR A 14,495 SQUARE FEET PORTION OF THE DEVELOPED EAST TARMAC AT 32 40 IMJIN ROAD ,
AUTHORIZING THE CI TY MANAGER TO EXECUTE THE LEASE
AGREEMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND
APPROVAL BY CITY ATTORNEY, AND AUTHORIZING FINANCE
DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY
ENTRIES, AND
WHEREAS, on June 25, 2025, Joby Aviation presented a proposal for a vertiport structure at Marina Municipal Airport to be used for aeronautical purposes in connection with flight training and aircraft testing; and
WHEREAS, on October 21, 2025, City staff proposed to Joby that it locate the elevated vertiport at 3240 Imjin Road, Marina, County of Monterey, California, designated as a portion of Monterey County Assessor’s Parcel Number 031-112-001-000, as described and shown on “EXHIBIT A”; and
WHEREAS, the proposed Ground Lease Agreement includes a 14,495-square-foot (±0.33 gross acres) lease area for the construction of an approximately 2,025-square-foot elevated vertiport; and
WHEREAS, attached hereto as “EXHIBIT B” is the proposed Ground Lease Agreement; and WHEREAS, the Federal Aviation Administration has reviewed the proposed ground lease and approved the provisions contained therein; and
WHEREAS, the proposed Ground Lease will provide increased rental revenue that will assist in funding airport maintenance activities, such as landscaping, and capital replacement costs; and WHEREAS, on March 17, 2026, the City Planning Department approved and issued the building permit for construction of the elevated vertiport.
NOW, THEREFORE, BE IT RESOLVED that the City Council/Airport Commission of the City of Marina does hereby:
1. Approve a Ground Lease Agreement between the City of Marina and Joby Aero Inc, for a 14,495 square feet portion of the developed east tarmac for a period of 4 years, with an option to extend such lease for an additional four years.
2. Authorize the City Manager to execute the Ground Lease Agreemen subject to final review and approval by City Attorney ; and
3. Authorize Finance Director to make necessary accounting and budgetary entries. 3 PASSED AND ADOPTED by the City Council /Airport Commission of the City of Marina at a regular meeting duly held on the 21st day of April 2026, 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
Red highlighted area indicated ground lease area
5 1
EXHIBIT B TO STAFF REPORT
MARINA MUNICIPAL AIRPORT
GROUND LEASE
BY AND BETWEEN
THE CITY OF MARINA
AND
JOBY AERO, INC.
THIS GROUND LEASE (“Lease”) is made and entered into effective as of this day of 2026 (“Effective Date”), by and between the CITY OF MARINA, a California charter city (“City”), and JOBY AERO, INC. a corporation of the State of Delaware authorized and registered to do business in California (“Lessee”). City and Lessee are hereinafter sometimes individually referred to as a “Party” and collectively referred to as the “Parties.”
Recitals:
This Lease is entered into with reference to the following facts and circumstances, which are hereby found and determined by the parties:
A. City owns and operates the Marina Municipal Airport (the “Airport”) located in the City of Marina. The Airport was formerly known and operated by the U.S. Army as Fritzsche Airfield and was part of the Fort Ord Military Reservation. The real property which is the subject of this Lease was conveyed to the City by that certain Quitclaim Deed for Surplus Airport Property recorded on September 6, 1995 on reel 3272 at page 696 and following at the Office of the Recorder, County of Monterey, in Salinas, CA.
C. Lessee desires to lease a portion of the Airport real property, zoned by the City as “A-1” within the “Airport District,” which is graded and improved with tarmac and concrete surfaces, for Lessee’s use as the location of a [Elevated Vertiport ], approximately 14,495 square feet, (as shown by Exhibit “A”), to be used for the purposes to conduct aeronautical activities associated with flight testing.
D. The Lease is categorically exempt from environmental review in accordance with Article 19, Section 15332, Class 32 of the California Environmental Quality Act (CEQA) applicable to in-fill development, for projects consistent with the City’s General Plan and Zoning Code designation located within the city limits on a project site of no more than five acres which has no value for habitat, will not result in significant effects to traffic, noise, air and/or water quality and which site can be adequately served by all required utilities and public services.
E. It is mutually agreed that this Lease is upon and subject to the following terms, covenants, conditions, and provisions and Lessee covenants, as a material part of the consideration of this Lease, to keep, perform, and comply with each and all of said terms, covenants, conditions and provisions to be kept, performed, and complied with, and this Lease is made upon the condition of such performance and compliance. 6 2
IN CONSIDERATION OF THE RENTS AND COVENANTS hereinafter set forth, City hereby leases to Lessee, and Lessee hereby leases from City, the Premises described below upon the following terms and conditions:
Conditions Precedent
1. Review of the terms and conditions of the aeronautical use permitted by this Lease by the Federal Aviation Administration (“FAA”).
2. Approval by the Airport Manager and by the City’s Community Development and Public Works Departments of Lessee’s plans and specifications for construction of the improvements to be made to the leased premises.
ARTICLE 1 SUMMARY OF BASIC LEASE PROVISIONS, TERMS & DEFINIITONS
1.1. Lessor. CITY OF MARINA, a political subdivision of the State of California Address for notice: Airport Manager, 211 Hillcrest Avenue, Marina, California 93933 with a copy to: Public Works Director, 209 Cypress Avenue, Marina, California 93933.
1.2. Lessee. JOBY AERO, INC. Address for notice: 340 Woodpecker Ridge, Santa Cruz, California 95060.
1.3. Premises. The “Premises” means that approximately 14,495 square feet (± 0.33 gross acres) more or less, being a portion of that certain real property, located at 3200-C, Imjin Road, Marina, County of Monterey, California, designated as a portion of Monterey County Assessor’s Parcel Number 031-112-001-000, as described and shown on Exhibit “A” (DESCRIPTION THE PREMISES) to be attached hereto and by this reference incorporated herein, and located within the Aviation-related zone at Marina Municipal Airport, in Marina, California 93933.
1.4. City’s and Lessee’s Lease Administrators. This Lease shall be administered on behalf of City by the Airport Manager and on behalf of Lessee by Lessee’s General Counsel, or by such other person as may be designated in writing by Lessee (referred to hereinafter as “Lessee’s Lease Administrator”).
1.5. Effective Date. The date this Lease is fully executed by each of the Parties. See Section 3.1.
1.6. Commencement Date. The “Commencement Date” of this Lease shall be the first day of the first calendar month following the date of execution of this Lease by each of the parties.
1.7. Term. The term (“Term”) of this Lease shall be four (4) years, commencing on the Commencement Date and expiring at 11:59 p.m. on the day before the fourth anniversary of the Commencement Date, unless sooner terminated as provided in this Lease.
1.8. Termination. Either party to this Lease shall have the right, with or without cause, 7 3
to terminate this Lease by giving 30 days prior written notice to the other party.
1.9. Option to Extend. Subject to FAA approval, and provided Lessee is not in default under any term or provision contained in this Lease beyond any applicable notice and cure period, Lessee shall have one (1) option to extend the Lease Term (“Extension Option”) for a period of four (4) years (“Option Term”) under the same terms and conditions set forth in the Lease. If Lessee wishes to exercise the Extension Option, Lessee shall deliver written notice to the City no less than six (6) months prior to the expiration of the then existing Lease Term (“Exercise Notice”). If Lessee fails to timely deliver the Exercise Notice, Lessee shall be considered to have elected not to exercise the Extension Option..
1.10. Rent. See Section 4.1 (BASE MONTHLY RENT).
1.11. Rent Commencement Date. See Section 4.1 (BASE MONTHLY RENT).
1.12. Additional Rent. Any and all sums of money or charges required to be paid by Lessee to City pursuant to the provisions of this Lease shall be paid as “Additional Rent” (for example: late charges, interest, processing fees, etc.).
1.13. Security Deposit. As further set forth in Article 5 below, upon execution of this Lease, Lessee shall pay to the City the sum of Two Thousand Three Hundred Nineteen and 20/100 Dollars ($2,319.20), representing the first and last month’s rent due and payable, as partial security for future payments due under this Lease. The parties agree that these funds will remain on deposit with the City and shall be considered a performance deposit under this Lease.
1.14. Use. Lessee shall use the Premises solely for the uses permitted by and in Section
6.1 hereof.
1.15. Definitions. As used in this Lease, the following terms shall have the meanings attached to them in this Section unless otherwise apparent from their context:
a. “Airport” means Marina Municipal Airport, Marina, California. b. “Airport Manager” means the Airport Manager of the Airport, or his or her designee.
c. “Airport Operating Ordinance” means Chapter 13.22 of entitled “Marina Municipal Airport” of Title 13 “Public Services” as set forth in the Marina Municipal Code and as that Chapter may be amended in the future. d. “ALP” means the FAA approved Airport Layout Plan for Marina Municipal Airport.
e. “CEQA” means the California Environmental Quality Act, California Public Resources Code Section 21000, et. seq.
f. “Council” means the City Council of the City of Marina which body also serves as the Airport Commission for the City of Marina.
g. “FAA” means the Federal Aviation Administration.
8 4
1.16. “Improvements” means the construction of a vertiport and an elevated aircraft parking deck to support aviation-related aircraft testing operations, together with any related site work, utilities, and appurtenant facilities, to be constructed on the Premises
1.17. Exhibits to Lease. The following drawings, descriptions and special provisions are attached hereto as exhibits and made a part of this Lease:
EXHIBIT “A” – DESCRIPTION OF THE PREMISES
EXHIBIT “B” – FAA REQUIREMENTS
EXHIBIT “C” – INSURANCE REQUIREMENTS
EXHIBIT “D” – MEMORANDUM OF LEASE
1.18. Construction of Lease Provisions. The foregoing provisions of this Article summarize for convenience only certain key terms of the Lease delineated more fully in the Articles and Sections referenced therein. In the event of a conflict between the provisions of this Article and the balance of the Lease, the Lease shall control.
ARTICLE 2 LEASE OF PREMISES
2.1. Description. City hereby leases to Lessee and Lessee hereby leases from City, for the rent and upon the covenants and conditions hereinafter set forth, the Premises (defined in Section 1.3 above).
2.2. Subordinate to Agreements with U.S. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States government or any department thereof relative to federal aid for the development and maintenance of the Airport or the development, operation or maintenance of the Airport. Failure of the Lessee or any occupant to comply with the requirements of any existing or future agreement between the City and the United States, which failure shall continue after reasonable notice to make appropriate corrections, shall be cause for immediate termination of Lessee’s rights hereunder.
2.3. War or National Emergency. This Lease and all provisions hereof shall be subject to whatever right the United States government has affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during a time of war or national emergency.
2.4. Mineral Rights. Notwithstanding any provision of this Lease to the contrary, City hereby expressly reserves all rights, title and interest in and to any and all gas, oil, mineral and water deposits located beneath the surface of the Premises; provided, however, City shall not be entitled to access such subsurface materials from the surface of the Premises or from a level higher than 500 feet below the surface of the Premises during the Term. City’s exercise of its right for the activities described in this Section 2.4 shall not result in any material adverse impact on Lessee’s development or use of, or operation on, the Premises for the purposes permitted hereunder (including, but not limited to, ingress and egress, access, signage and parking).
2.5. Reservations to City/Easement Reservations. Lessee accepts the Premises subject 9 5
to any and all existing easements and encumbrances including, but not limited to, easements and encumbrances reserved in the Quitclaim Deed. City reserves the right to establish, to grant or to use easements or rights-of-way over, under, along and across the Premises for access, underground sewers, utilities, thoroughfares or such other facilities as it deems necessary for public health, convenience and welfare, whether or not such facilities directly or indirectly benefit the Premises, and to enter the Premises for any such purpose; provided, however, that any such grant of rights by City shall require that the Premises be restored to their preexisting condition. No right reserved by City in this Section 2.5 shall be so exercised as to interfere unreasonably with Lessee’s operations hereunder. City agrees that should the exercise of any of the rights reserved by City in this Section 2.5 temporarily interfere with the use of any or all of the Premises by Lessee, the Rent shall be reduced in proportion to the interference with Lessee’s use of the Premises.
2.5.1 Avigation Easement. The Premises shall be subject to an easement and right of way for the unobstructed passage of aircraft in the airspace above the Premises, which is reserved by City for the benefit of itself and all members of the general public operating aircraft which land at or take off from the Airport. Concomitant and coextensive with said easement and right of way, City and general public shall have the further right to cause in all airspace above the surface of the Premises such noise, vibrations, fumes, dust, fuel particles, and other effects that may be caused by the operation of aircraft landing at or taking off from or otherwise operating at the Airport. In connection with this easement and right or way, Lessee agrees not to cause or permit any structure, natural growth, or other object on the Premises which extends into the airspace over the Premises more than 210 feet above mean sea level, and not to use or permit the use of the Premises in such a manner as to create electrical interference with radio communications between aircraft and the Airport, to make it difficult for flyers to distinguish between airport lights and other lights, to impair visibility in the vicinity of the Airport, or to otherwise endanger aircraft landing at or taking off from the Airport. Lessee further agrees that in the event it causes or permits any structure, natural growth, or other object on the Premises which extends into the airspace over the Premises more than 210 feet above mean sea level, or otherwise causes or permits any condition on the Premises which endangers aircraft landing at or taking off from the Airport, then City shall have the right to enter upon the Premises and to remove such structure, natural growth, object or condition endangering aircraft landing at of taking off from the Airport, all at Lessee’s sole cost and expense.
2.6. Lease Subordinate to Conditions and Restrictions Imposed by Public Agencies on Airport Operations. This Lease shall be subordinate and subject to the terms, conditions, restrictions and other provisions of any existing or future permit, lease and agreement between City and any federal, State or local agency governing City’s control, operation or maintenance of the Airport, or affecting the expenditure of federal funds for the Airport. Lessee agrees that Lessee’s use of the Premises, including all future construction, modification or alteration thereon, shall comply with all applicable FAA regulations now in force or that may hereafter be adopted by federal authority. Lessee shall be bound by all such terms and conditions, and shall, whenever City may so demand, execute, acknowledge or consent to any instrument evidencing such terms, conditions, restrictions or provisions. Without limiting the generality of the foregoing, this Lease and Lessee’s occupancy of the Premises are expressly made subordinate and subject to the terms, conditions, restrictions and other provisions of those requirements of the Federal Aviation Administration specifically set forth in Exhibit “B” (FAA REQUIREMENTS) and Lessee shall be bound by all such requirements.
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2.6.1 Airport Governing Documents - City Licenses and Permits. Lessee acknowledges that it has received a copy of the Quitclaim Deed; and a copy of the City’s Airport Operating Ordinance (Marina Municipal Code Chapter 13.22) and shall comply with the requirements and standards set forth therein in the development and use of the Premises. Lessee shall maintain in effect and post in a prominent location all necessary or required licenses or permits including an Occupancy Permit obtained pursuant to Marina Municipal Code Chapter
15.54 and a City Business License pursuant to Marina Municipal Code Title 5.
ARTICLE 3 TERM OF LEASE
3.1. Term. Definitions. As set forth in Section 1.7, above, the Term of this Lease shall be four (4) years, commencing on the Commencement Date, with one four-year (4) option to extend, unless sooner terminated or extended as provided in this Lease. Except as otherwise specifically stated in this Lease or in any subsequent amendments hereto, the terms and conditions of this Lease shall remain in effect following any extension, renewal or holdover of the original Term. Either party to this Lease shall have the right, with or without cause, to terminate this Lease by giving 30 days prior written notice to the other party.
3.2. Change in Law Allowing Early Termination by Lessee. In the event that any statute or ordinance should become effective during the Term, which so restricts Lessee’s use of the Premises such that Lessee is unable to continue its use and occupancy of the Premises in substantially the manner initially contemplated by this Lease, Lessee may terminate this Lease upon six (6) months prior written notice. Upon such termination, Lessee shall be entitled to no direct payment for any improvements installed by Lessee, which at the City’s option will become the property of the City or which the City may require Lessee to remove from the Premises, or for any remaining value of its leasehold interest; provided, for greater certainty, that Lessee shall have all remedies otherwise available at law or in equity, including eminent domain.
3.3. Surrender of the Premises; Quitclaim of Lessee’s Interest upon Termination.
Lessee shall surrender possession of the Premises to City upon expiration of the Term or earlier termination of this Lease. If applicable, upon termination of this Lease for any reason, including but not limited to termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to City, within seven (7) days following termination a good and sufficient deed whereby Lessee quitclaims all right, title and interest in the Premises to City. Should Lessee fail or refuse to deliver such quitclaim deed to City, City may prepare and record a notice reciting the failure of Lessee to do so, and such notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee to the Premises.
ARTICLE 4 RENT
4.1. Base Monthly Rent. Lessee shall pay as rent (“Rent”) for the use and occupancy of the Premises the monthly amount (“Base Monthly Rent”) as specified below:
a) Base Monthly Rent shall accrue and be payable starting on the Commencement Date of this Lease. Base Monthly Rent shall be payable by Lessee to City in accordance with the terms and provisions of this Lease. For the initial Term of the Lease, Lessee shall pay to City the sum of One Thousand One Hundred Fifty-Nine and 60/100 Dollars ($1,159.60) per month as Base Monthly Rent. At the Commencement Date, this sum is 11 7
calculated as follows:
14,495 sq. ft. (±.33 acres) @ $0.08 per sq. ft. = $1,159 Lessee shall pay said rent in advance, on the first day of each calendar month (“Due Date”), without setoff, deduction, prior notice or demand, commencing on the Commencement Date. Should the rent period commence on a day other than the first day of a calendar month, then the rent for such first fractional month shall be computed on a daily basis for the period from the Commencement Date to the end of such calendar month and at an amount equal to one thirtieth (1/30th) of the said monthly rent for each such day, and thereafter shall be computed and paid as aforesaid.
4.2. Additional Rent. Lessee shall pay, as Additional Rent, all sums of money required to be paid pursuant to the terms of this Lease (see Section 1.12) which are not payable as Base Monthly Rent, collectively referred to in this Lease as “Additional Rent.” If such amounts or charges are not paid at the time provided in this Lease, they shall nevertheless be collectible as Additional Rent with the next installment of Base Monthly Rent thereafter falling due, but nothing in this Section shall be deemed to suspend or delay the payment of any amount of money or charge at the time the same becomes due and payable under this Lease or to limit any other remedy of City. All amounts of Base Monthly Rent and Additional Rent payable in a given month shall be deemed to comprise a single rent obligation of Lessee to City.
4.3. Delivery of Rent Payments. All rent due under this Lease shall be made payable to the City of Marina, and shall be considered paid when delivered to:
City of Marina
Finance Department
211 Hillcrest Avenue
Marina. CA 93933
City may, at any time by written notice to Lessee, designate a different address to which Lessee shall deliver the rent payments. City may, but is not obligated to, send monthly rent invoices to Lessee.
4.4. Failure to Pay Base Monthly Rent or Additional Rent; Late Charge.
4.4.1 If Lessee fails to pay rent due hereunder within fifteen (15) days of the time it is due and payable, such unpaid amounts shall bear interest at the rate of ten percent (10%) per year from the date due to the date of payment, computed on the basis of monthly compounding with actual days elapsed compared to a 360 day year. In addition to such interest, Lessee acknowledges that the late payment by Lessee of any monthly rental due hereunder will cause City to incur certain costs and expenses not contemplated under this Lease, the exact amount of which costs being extremely difficult or impracticable to fix. Such costs and expenses will include, without limitation, administrative and collections costs, and processing and accounting expenses. Therefore, if any such monthly rental is not received by City from Lessee within fifteen (15) days of the time it is due and payable, Lessee shall immediately pay to City a late charge equal to five percent (5%) of such overdue amount. City and Lessee agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation 12 8
to City for its loss caused by Lessee’s nonpayment. Should Lessee pay said late charge but fail to pay contemporaneously therewith all unpaid amounts of rent due hereunder, City’s acceptance of this late charge shall not constitute a waiver of Lessee’s default with respect to such nonpayment by Lessee nor prevent City from exercising all other rights and remedies available to City under this Lease or under applicable law.
4.4.2 In the event of a dispute between the parties as to the correct amount of Base Monthly Rent or Additional Rent owed by Lessee, City may accept any sum tendered by Lessee in payment thereof, without prejudice to City’s claim as to the proper amount of rent owing. If it is later determined that Lessee has not paid the full amount of rent owing, the late charge specified herein shall apply only to that portion of the rent still due and payable from Lessee. Notwithstanding any provision of this Clause to the contrary, however, the Airport Manager may waive any delinquency payment or late charge.
ARTICLE 5 SECURITY DEPOSIT
Lessee has paid or will pay to City as a security deposit the amount set forth in Section 1.13. City shall not be required to keep this Security Deposit separate from its general funds, and Lessee shall not be entitled to interest thereon. City may apply all or a part of the Security Deposit to any unpaid rent or other charges due from Lessee, or to cure any other defaults of Lessee under this Lease, including repair and cleaning of the Premises at the expiration of the Term. If any portion of the Security Deposit is so applied, Lessee shall, within ten (10) days after City’s demand, deposit cash sufficient to restore the Security Deposit to its original amount. Any time the Base Monthly Rent is increased, Lessee shall deposit additional cash funds sufficient to increase the Security Deposit by the same percentage amount. In the event of bankruptcy or other debtor-creditor proceedings against Lessee, the Security Deposit shall be deemed to be applied first to the payment of rent and other charges due to City for the periods prior to the filing of such proceedings. The security deposit will not be a limitation on City’s damages or other rights under this Lease, or a payment of liquidated damages, or an advance payment of the rent. If Lessee pays the rent and performs all of its other obligations under this Lease, City will return the unused portion of the security deposit to Lessee within sixty (60) days after the end of the Term.
ARTICLE 6 POSSESSION AND USE
6.1. Permitted Uses. This Lease is made for the purpose of allowing Lessee’s commercial, aeronautical, use of the Premises and for granting Lessee certain rights and privileges. Lessee’s use of the Premises for aviation-related flight testing shall be subject to all applicable Federal Aviation Administration regulations, including but not limited to the requirements of Title 14 Code of Federal Regulations, Part 21 (Certification Procedures for Products and Articles), including § 21.35 (Flight Tests), and applicable FAA Advisory Circulars providing guidance on flight test procedures and compliance.
There shall be no outdoor storage except within fenced and screened areas approved in advance and in writing by the Airport Manager, or for storage of hazardous materials approved in advance and in writing by the Airport Manager and City’s Fire Chief. Semi-trucks and trailers delivering materials and shipping finished products shall not do so outside the Premises in the Airport operations area.
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Improvements to be completed by Lessee shall consist of the construction of a Elevated Vertiport for aircraft testing purposes, subject to Lessee obtaining all required permits, licenses, and approvals from the City of Marina and all other applicable regulatory agencies. The Improvement(s) will be located on the open asphalt lot within the fenced Air Operations Area of the Airport located approximately at 36°40'27"N 121°45'19"W, at a minimum of 100 feet from the centerline of Taxiway A and not less than 70 feet from the southern edge of the tarmac.
No one other than Lessee, its agents and employees, or any sublessee of Lessee approved by City as provided in Article 15 (ASSIGNMENT) is permitted to use the Premises for the purposes described herein, and Lessee shall be fully responsible for the activities of its agents, employees and sublessees, if any, on the Premises. Lessee acknowledges that City reserves the right to permit other businesses at the Airport to offer similar and/or competitive products and services to those of Lessee. Lessee, by accepting this Lease, agrees for itself, its successors and assigns that it will not make use of the Premises in any manner that might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the Premises hereby leased and cause the abatement of such interference at the expense of the Lessee.
6.2. Duties and Prohibited Conduct. Where Lessee is reasonably in doubt as to the propriety of any particular use, Lessee may request the written determination of Airport Manager that such use is or is not permitted, and Lessee will not be in breach or default under this Lease if Lessee abides by such determination. Notwithstanding the foregoing, however, Lessee shall not use nor permit the use of the Premises in any manner that will tend to create waste or a nuisance.
If City notifies Lessee that such a nuisance or disturbance exists, Lessee agrees, within 72 hours from receiving written notice by the City, to abate or otherwise cause said nuisance to be cured.
In the event Lessee has not taken corrective action within 72 hours, the City may enter and abate said nuisance, including but not limited to entering the Premises and abating the nuisance or disturbance, at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others. Lessee shall keep the Premises, and every part thereof, in a clean and wholesome condition, free from any objectionable noises or odors, except as may be typically present for the permitted uses specified above, and shall comply with all local, State and Federal ordinances and regulations in all respects. Lessee shall deposit all trash and rubbish of Lessee only within receptacles provided by Lessee and located in the areas designated by City.
Lessee shall not allow or permit installation of any billboards or advertising signs that are not in conformance with any overall directional graphics or sign program established by the City including section 17.28.060 of the City’s Zoning Ordinance, or aerials or antennas, including commercial telecommunications antennas, upon the Premises without first obtaining, in each instance, the written consent of the Airport Manager, which consent the Airport Manager may give or withhold in the Airport Manager’s sole discretion. Any such signs or antenna installed without such written consent shall be subject to removal without notice at any time, at Lessee’s expense. Nothing in this Section shall be deemed to preclude Lessee from erecting and maintaining safety, warning or directional signs, of reasonable dimensions, which are not used for advertisement of goods or services; provided, however, that all such signs must conform to applicable statutes, ordinances, and the Standards.
6.3. Compliance with Laws
6.3.1 Lessee, at Lessee’s sole expense, shall procure, maintain and hold 14 10
available for City’s inspection any governmental license or permit required for the proper and lawful conduct of Lessee’s business prior to commencing occupancy and operations. Lessee shall prepare an Emergency Action/Fire Protection Plan. Current plan shall be kept on file with the City’s Fire Department. Lessee shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations and requirements of the State of California, the County of Monterey, the City, or of other lawful authorities. Lessee shall, at Lessee’s expense, comply promptly with all applicable statutes, laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Term, regulating the use by Lessee of the Premises. The final judgment of any court of competent jurisdiction, or the admission of Lessee or any sublessee or permittee, in any action or proceeding against them or any of them, whether or not the City is a party to such action or proceeding, that Lessee, or any such sublessee or permittee, has violated any such ordinance, law, statute, regulation, covenant, restriction or requirement pertaining to the use of the Premises, shall be conclusive as to that fact as between City and Lessee.
6.3.2 Notwithstanding any other provision of this Lease to the contrary, Lessee shall be responsible for payment of all costs of complying with the requirements of the Americans with Disabilities Act of 1990 (“ADA”) (42 USCS §§ 12101-12213), Title 24 of the California Code of Regulations (“Title 24”) and California Civil Code § 54.1 as they may apply to the Premises. Lessee’s obligations hereunder shall include, without limitation, all costs of bringing the Premises into compliance, and thereafter maintaining such compliance, with the requirements of Title III of the ADA (“Title III”) (42 USCS §§ 12181 - 12189) applicable during the Term to public accommodations and commercial facilities, irrespective of whether or not the particular requirements of such compliance (i) are specifically required by Lessee’s intended use of the Premises, or (ii) may also be required of City under Title II of the ADA (“Title II”) (42 USCS §§ 12131 - 12165).
6.3.3 Lessee’s duty to comply with applicable laws and regulations shall include compliance with any and all zoning and land use regulations applicable to the Premises and Lessee’s intended use thereof (“Land Use Regulations”).
6.4. Landing Privileges. City hereby grants to Lessee a non-exclusive right to use the runways, taxiways, common use portions of the aprons, and navigational aids maintained by the City at the Airport and the right to land and to take off in aircraft, including experimental aircraft, operated by Lessee in connection with the business to be carried out by Lessee on the Premises and in compliance with FAA regulations and the Airport Operating Ordinance. Lessee understands, however, that its use of such facilities shall be subject to the City’s continuing right to divert and control such use. City shall have the right but shall not be obligated to make repairs or improvements to such facilities regardless of the hindrance or interference thereby caused to Lessee.
6.5. FAA Safety and Security Rules & Regulations. Lessee will conform to Airport and FAA safety and security rules and regulations regarding use of the Airport operations area including runways, taxiways and aircraft aprons by vehicles, employees, customers, visitors, etc., in order to prevent security breaches and avoid aircraft incursions and vehicle and pedestrian deviations; Lessee’s employees will complete and pass airfield safe driving instruction program when offered or required by the Airport; and will be subject to penalties as prescribed by the City Manager for violation of the Airport safety and security requirements. 15 11
6.6. Stormwater and Non-Stormwater Discharges. The Airport is subject to federal, state and local laws regarding the discharge of pollutants into the stormwater conveyance system in stormwater and non-stormwater. The programs established by these laws regulate existing activities, the construction process, and impose design requirements on new development and redevelopment. The development related parts of the local stormwater program implement a region-wide model plan, the Standard Urban Stormwater Management Plan or “SUSMP”. In addition to the SUSMP, City has developed a Stormwater Pollution Prevention Plan (“SWPPP”) for the Airport that provides for the elimination of prohibited non-stormwater discharges and the prevention of stormwater pollution through the development, installation, implementation and maintenance of pollution prevention measures, source control measures, and Best Management Practices (“BMPs”). BMPs can include operational practices; water or pollutant management practices; physical site features; or devices to remove pollutants from stormwater, to affect the flow of stormwater or to infiltrate stormwater to the ground.
Lessee is required and agrees to use, operate, maintain, develop, redevelop and retrofit the Premises in accordance with all applicable federal, state and local laws restricting the discharge of non-stormwater at or from the Airport; and all such laws, regulations, or local guidance requiring pollution prevention measures, source control measures, or the installation or use of BMPs. Lessee further agrees to develop, install, implement and/or maintain at Lessee’s sole cost and expense, any BMPs or similar pollution control devices required by federal, state and/or local law and any implementing regulations or guidance. Lessee further agrees to conform to the specifications in the specifications in the SWPPP for the Airport as the same may be amended from time to time.
Lessee understands and acknowledges that the stormwater and non-stormwater requirements applicable to the Airport and to Lessee may be changed from time to time by federal, state and/or local authorities, and that additional requirements may become applicable based on changes in Lessee’s activities or development or redevelopment by Lessee or City. City may amend the SWPPP for the Airport in response to such changes, or to implement any City program for stormwater and non-stormwater management at the Airport. Lessee agrees to develop, install, implement, and maintain such additional BMPs and/or other pollution control practices at the Premises at Lessee’s sole cost and expense. To the extent there is a conflict between any federal, state or local law, City ordinances, any applicable SUSMP, or the SWPPP for the Airport, Lessee shall be obligated to comply with the more restrictive provision. Lessee shall provide City with unrestricted access to the Premises and/or all pertinent records (excluding confidential information) upon seven (7) days written notice for the purpose of monitoring the implementation and maintenance of required BMPs and/or other pollution control devices at the Premises. As used in the immediately preceding sentence, “confidential information” shall include proprietary and confidential materials and information including, but not limited to, marketing studies, demographic studies, market surveys, sales projections or results, or other information respecting the operation of Lessee’s (or its subtenants’) business operations. Failure to provide City with access or to implement, develop, install, and maintain any pollution control practices or BMPs required by this Section shall constitute a default under this Lease.
6.7. Substance Abuse. Lessee and its employees and agents shall not use or knowingly allow the use of the Premises for the purpose of unlawfully driving a motor vehicle under the influence of an alcoholic beverage or any drug, or for the purpose of unlawfully selling, serving, 16 12
using, storing, transporting, keeping, manufacturing or giving away alcoholic beverages or any “controlled substance,” precursor or analog specified in Division 10 of the California Health and Safety Code, and violation of this prohibition shall constitute a default under this Lease.
6.8. Control of Premises. Failure of Lessee to take reasonable measures to exercise control of the use of Premises to conform to the provisions of this Article, or to initiate and diligently pursue measures to initiate control where such measures cannot be fully implemented within 30 days of receipt from City of written notice, shall constitute a default under this Lease.
6.9. Use Not Exclusive. Lessee understands and agrees that its right to use the Premises for the purposes provided for by the Lease shall not be, and shall not be construed to be, exclusive of the right of any other person or firm to operate the same or a similar business at the Airport and to lease premises at the Airport from the City for such purposes, within the meaning of § 308A of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1349a). City reserves the right at its sole discretion, to grant others certain rights and privileges upon the Airport which are identical in part or in whole to those granted to Lessee by this Lease, excepting any rights with respect to the use or possession of the Premises.
ARTICLE 7 UTILITIES
7.1. Provision of Utilities. Lessee acknowledges that, as of the Commencement Date, no utility services currently serve the Premises, although utility services are available elsewhere at the Airport and in the general vicinity of the Premises. Lessee shall be solely responsible, at its sole cost and expense, for obtaining and installing any utility extensions, connections, and related infrastructure necessary to serve the Premises and make the Improvements fully usable and operational. Lessee, at its sole cost and expense, shall extend and/or connect, or cause to be extended and/or connected, such utility service facilities that may be required or desired by Lessee in the use, operation, and maintenance of such on-site improvements. Lessee shall pay all related fees and charges related to such utility extensions and hook-ups. In addition to connection fees, Lessee shall be responsible for payment of the use of such facilities. Lessee shall be responsible for all connection costs and fees associated with any improvements beyond those listed in this paragraph, including, but not limited to, water, sewer, electricity, telephone, and gas service and internet. Scope and installation of all utilities shall be submitted to City on construction plans and shall be approved by the City prior to connection. Lessee shall provide and pay for all initial utility deposits and fees, and for all utilities and services necessary for its use and occupancy of the Premises during the Term, including but not limited to gas, water, electricity, trash, sewer/septic tank charges, internet and telephone; City shall have no responsibility to either provide or pay for such services. If any such services are not separately metered or billed to Lessee but rather are billed to and paid by City, Lessee will pay to City its pro rata share of the cost of such services, as reasonably determined by City, together with its pro rata share of the reasonable cost of making such determination. City will not be liable for any reason for any loss or damage resulting from an interruption of any of these services. Subject to the limitations and agreements contained in this Lease (including, but not limited to, Section 2.5 above), City shall have the right, at no charge from Lessee, to connect to any water, sewer, electrical, gas and communications lines as are now or may hereafter be installed on the Premises, and shall have all necessary rights of access to construct and service such connections; provided, however, that Lessee shall have no obligation to pay any additional service fees or 17 13
charges assessed by any governmental agency, or public or private utility company, for City’s use of such connections.
7.2. Garbage/Trash Collection. Lessee agrees upon entering into occupancy of the Premises to pay for garbage and trash collection and removal services. Lessee shall arrange and pay for the disposal of all hazardous waste in accordance with all applicable local, state and federal laws and regulations. In the event Lessee fails to pay any bill when due, the City may, at its option, pay the same and collect from Lessee’s performance deposit the amounts so disbursed, plus interest at the rate of one and one half percent (1½%) per month or fraction thereof.
7.3. Compliance with Regulations of Local Agencies. It shall be the responsibility of the Lessee under this Lease to contact, consult and comply with any regulation applicable to Lessee’s activities at the Airport which are now or may be promulgated by a local public or private utility provider or regulator having jurisdiction over activities or utility services at the Airport, including, but not limited to, the Monterey One Water, Monterey Bay Unified Air Pollution Control District, and the Marina Coast Water District.
ARTICLE 8 MECHANICS’ LIENS
8.1. Mechanics’ Liens. Lessee shall pay, or cause to be paid, all costs for work done by it, or caused to be done by it, on the Premises, and for all materials furnished for or in connection with any such work. If any lien or stop notice (herein after a reference to a “lien” shall also include a “stop notice”) is filed against the Premises, Lessee shall cause the lien to be discharged of record within thirty (30) days after it is filed. Lessee shall indemnify, defend and hold City harmless from any and all liability, loss, damage, costs, attorneys’ fees and all other expenses on account of claims of lien of laborers or material men or others for work performed or materials or supplies furnished for Lessee or persons claiming under Lessee.
8.2. Contest of Lien. If Lessee shall desire to contest any lien filed against the Premises, it shall, at the option of the Airport Manager, furnish City, within the ten (10) day period following filing of the lien, security reasonably satisfactory to City of at least one hundred fifty percent (150%) of the amount of the lien , plus estimated costs and interest, or a bond of a responsible corporate surety in such amount, conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of a lien for any amount is entered, Lessee shall immediately pay and satisfy the same.
8.3. Right to Cure. If Lessee shall be in default in paying any charge for which a mechanics’ lien claim and suit to foreclose the lien have been filed, and shall not have given City security to protect the Premises and City from liability for such claim of lien, City may (but shall not be required to) pay said claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Lessee to City as Additional Rent, and Lessee shall pay the same to City with interest at the rate specified in Section 16.4 (INTEREST).
8.4. Notice of Lien. Should any claim of lien be filed against the Premises or any action against the Premises or any action affecting the title to such property be commenced, the 18 14
party receiving notice of such lien or action shall immediately give the other parties written notice thereof.
8.5. Notice of Non-responsibility. City or its representatives shall have the right to go upon and inspect the Premises at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility or such other notices which City may deem to be proper for the protection of City’s interest in the Premises. Lessee shall, before the commencement of any work which might result in any such lien, give to City written notice of its intention to do so in sufficient time to enable posting of such notices.
ARTICLE 9 SECURITY
Lessee shall be responsible for and shall provide for the security of the Premises and City shall have no responsibility therefor. Lessee’s security obligations shall include, but not be limited to, the provision of security services and/or the installation of lighting, fencing, secure locks and doors and other security improvements as may be reasonably necessary to ensure the safe and secure use of the Premises and to prevent the damage or destruction of the Premises and any improvements or property placed thereon. Security improvements shall be constructed on the Premises in accordance with those requirements relating to “Improvements” as identified in Article 10 (LESSEE’S RIGHT TO MAKE IMPROVEMENTS; PERSONAL PROPERTY; FIXTURES) of this Lease. City and Lessee agree, acknowledge and hereby specifically express their mutual intention that the terms and provisions of this Article 9 are intended to allocate the responsibility for providing security for the Premises as between City and Lessee only and are not intended for the use or benefit of, nor reliance upon by any other party other than City and Lessee, including without limitation, any sublessees of Lessee and/or other parties claiming to have a possessory interest in the Premises, or any portion thereof, whether as a purported third party beneficiary, or otherwise. Nothing set forth in this Article 9 shall be construed or interpreted as modifying, changing or otherwise altering any indemnification responsibilities of either party as set forth elsewhere in this Lease.
ARTICLE 10 LESSEE’S RIGHT TO MAKE IMPROVEMENTS; PERSONAL PROPERTY; FIXTURES
10.1. Improvements. Subject to the terms of this Lease, Lessee has the right to construct or maintain the Improvements as defined in Section 1.16 on the Premises. Lessee shall not make or cause to be made to the Premises any alteration or improvement without City’s prior written consent (in City’s sole discretion). All construction shall comply with the requirements of the City. Lessee shall not alter or improve any area of the Airport that is not leased by Lessee.
In addition, Lessee, at its sole expense, shall perform and complete all work and improvements necessary to ensure the Premises are serviced with all utilities necessary for Lessee’s intended use.
Lessee may, at Lessee’s own expense and in compliance with all laws and with the other requirements of this Lease, from time to time make such permanent and nonstructural alterations, replacements, additions, changes, and/or improvements as Lessee may find necessary or convenient for its purposes; provided, however, that the value of the Premises is not thereby 19 15
diminished. In no event shall Lessee make or cause to be made any penetration into or through the roof or floor of any structure on the Premises that is not in compliance with any laws or regulations including, but not limited to, 14 CFR Part 77, as such statutes and regulations may be amended from time to time, or that is not in compliance with any FAA Form 7460-1 (Notice of Proposed Construction or Alteration) approved by the FAA for the improvements located on the Premises. Lessee shall at all times conduct its construction operations so that such operations do not interfere with the normal operation and use of the Airport by City, the public and other persons and organizations entitled to use of the same.
10.2. Construction Requirements. All Improvements to be made to the Premises and any material structural or material architectural design alterations to existing Improvements shall be made under the supervision of a competent architect or licensed structural engineer and made in conformity with any present or future ALP for the Airport and then existing and applicable laws, regulations, building standards, requirements and/or ordinances of the City, with the structural, mechanical, electrical, design and quality standards, requirements and criteria specified, and with plans and specifications approved in writing by the Public Works Director/City Engineer, which approval shall not be unreasonably withheld, before commencement of any work; provided, however, that such approval shall be granted by the Public Works Director/City Engineer if said improvements are determined to be in compliance with this Lease and any applicable laws or regulations including, but not limited to, 14 CFR Part 77, as such statutes and regulations may be amended from time to time, and if any necessary FAA Form 7460-1 (Notice of Proposed Construction or Alteration) has been approved by the FAA for said Improvements. In connection therewith, Lessee shall provide a minimum of three (3) sets of working drawings or plans showing the planned improvements, for City’s approval, prior to commencing work. All work with respect to any improvements must be done in a good and workmanlike manner, commenced within three hundred sixty (360) days following receipt of approval therefor from the Public Works Director/City Engineer and all other necessary governmental approvals, and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. Upon completion of such work, Lessee shall have recorded in the office of the Monterey County Recorder a Notice of Completion, as required or permitted by law. Within sixty (60) days following completion of an improvement, Lessee shall provide the City with two (2) complete sets of “as-built” plans of such improvement. Any such improvements shall be performed and done strictly in accordance with the laws and ordinances relating thereto.
10.3. Prevailing Wage. Lessee agrees with City that at all times under the Term of this Lease, Lessee shall assume the responsibility and be solely responsible for determining whether or not laborers employed relative to any construction on the Premises undertaken by Lessee must be paid the prevailing per diem wage rate for their labor classification, as determined by the State of California, pursuant to California Labor Code Sections 1720 et seq.
10.3.1 Prevailing Wage Standards.
a) Basic Requirements. Lessee agrees that, with respect to any construction at or on the Premises , Lessee (and its contractors and subcontractors) shall comply with any applicable current Public Works Prevailing Wage Requirements, as the same may be amended from time-to-time (collectively, the “Prevailing Wage Requirements”). 20 16
apply:
10.3.2 Prevailing Wage Provisions. The following provisions of this Section
a) The Prevailing Wage Requirements shall apply, if applicable, to the employees of any employer including Lessee and any Lessee’s contractor(s) or subcontractor(s), but shall not apply to supervisory or managerial personnel or to persons employed in the operation or maintenance of the Premises.
b) Lessee shall cause the provisions of this Section, if applicable, to be incorporated into each contract and subcontract for each Lessee contractor and subcontractor which would be subject to this Section. In the event the provisions are not so incorporated, Lessee shall be liable to the worker in any action for the difference between the prevailing wage rate required to be paid under the Prevailing Wage Requirements and the amount actually paid to the worker, including costs and attorney fees, as if Lessee were the actual employer. c) Nothing in this Lease shall prevent the employment of any number of properly registered apprentices, as defined in Chapter 4, Division 3 of the California Labor Code.
Every such apprentice shall be paid not less than the standard wage paid to apprentices under the regulations of the crafts or trade at which the apprentice is employed, and shall be employed only at the work of the craft or trade to which the apprentice is registered. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which the apprentice is in training. Lessee and Lessee’s contractors and subcontractors shall be responsible for complying with Section 1777.5 of the California Labor Code concerning apprentice-able occupations, with respect to all work covered by that section.
d) If applicable, Lessee shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with the California Labor Code), in effect at the time the work is performed. Copies of the applicable prevailing rate of per diem wages are on file at the City’s Building Division office and will be made available to any interested party on request.
Lessee agrees to post a copy of the prevailing rate of per diem wages at the leased Premises. e) Except where the context otherwise requires, the definitions of terms and phrases contained in the California prevailing wage law, Sections 1720 et seq. of the California Labor Code, and in the implementing administrative regulations, shall apply to the same terms and phrases which are used in the Prevailing Wage Requirements of this Section 10.3. f) In the event a civil wage and penalty assessment is served by the Labor Commissioner, acting through the Division of Labor Standards Enforcement, on the City, the Lessee, or any contractor or subcontractor of the Lessee, as a result of the failure of Lessee or any of its contractors or subcontractors to comply with this Section 10.3, Lessee shall withhold from amounts due to the contractor or subcontractor sufficient funds to satisfy the assessment and, if the assessment becomes final, Lessee shall pay as a penalty to the City the amount determined by the Labor Commissioner in accordance with California Labor Code §1775, as the penalty assessment payable for each worker for each day, or portion thereof, such worker was paid less than the applicable prevailing wage rates for such work or craft in which such worker 21 17
was employed. Further, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Lessee or by Lessee’s contractor or subcontractor. Lessee, and each affected contractor and subcontractor, shall have the right to request a review by the Labor Commissioner of the civil wage and penalty assessment served by the Labor Commissioner by transmitting a written request for review to the Labor Commissioner within sixty days after service of the assessment, and Lessee and its contractors and subcontractors shall not be obligated to pay the civil wage and penalty assessment to the City until a final written decision affirming, modifying or dismissing the assessment is issued by the Labor Commissioner.
g) The Prevailing Wage Requirements of this Section 10.3 will be monitored and enforced by the City’s Building Division. Nothing in this Section shall preclude its enforcement by the California Division of Labor Standards Enforcement. h) If applicable, Lessee agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on work covered by this Section showing all of the information specified in subsection (a) of Section 1776 of the California Labor Code. All such payroll records shall be certified, available for inspection and filed monthly in accordance with the procedures specified in subsections (b)-(e) inclusive of Section 1776 and Section 1771.4 of the California Labor Code. In addition, copies of such certified payroll records shall be filed with the City within a reasonable time not to exceed thirty days from close of payroll by the respective employer. In the event Lessee or its contractor or subcontractor fails to make the certified payroll records available for inspection within ten days of a written request made by the Labor Commissioner, acting through the Division of Labor Standards Enforcement, and a penalty assessment is served or levied by the Labor Commissioner arising out of such failure, Lessee shall forfeit as a penalty to the City the penalty per calendar day, or portion thereof, for each worker determined in accordance with California Labor Code §1776, not otherwise paid to the City by the contractor or subcontractor who failed to comply with California Labor Code §1776. In accordance with California Labor Code §1813, in the event Lessee or its contractor or subcontractor requires or permits a worker to work in violation of California Labor Code Division, 2, Part 7, Chapter 1, Article 3 (payment for work in excess of eight hours in one calendar day and forty hours in one calendar week), Lessee shall forfeit as a penalty to the City the sum of Twenty-five Dollars ($25.00) for each worker so employed, provided such penalty is not otherwise collected from the contractor or subcontractor who permitted its worker(s) to work in violation of such California Labor Code provisions. i) It is understood and agreed that all documents that Lessee is required to submit to or file with the City under this Section shall constitute public records that shall be available to any member of the public for review or copying in accordance with the California Public Records Act and the California Labor Code
j) Lessee shall indemnify, defend (with counsel approved by the City) and hold the City, its officers, officials, employees, and agents harmless from and against all claims which directly or indirectly in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to the payment or requirement of payment of prevailing wages (including without limitation, all claims that may 22 18
be made by contractors, subcontractors, their employees or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding, the failure to comply with any state or federal labor laws, regulations or standards in connection with the Lease, including but not limited to the prevailing wage laws, or any act or omission of Lessee related to this Lease with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such claims. It is further agreed that City does not and will not waive any rights against Lessee that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or deposit by Lessee to City of any of the insurance policies described in this Lease. The provisions of this subsection survive the expiration or earlier termination of this Lease. The indemnification obligations of Lessee as set forth in this section shall not apply to claims arising from the sole negligence of the City, its officials, officers, employees or agents.
k) Contractors or subcontractors shall not be qualified to perform work on Improvements or be listed in a bid proposal for such work, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for the work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code.
.
10.4. City’s Costs. Lessee shall reimburse City for all reasonable and actual out-of- pocket costs and expenses (including, without limitation, any architect and/or engineer fees) incurred by City in approving or disapproving Lessee’s plans for Improvements.
10.5. Personal Property. Subject to the provisions of the following Section, entitled “Improvements and Fixtures”, all of Lessee’s trade fixtures, furniture, furnishings, signs, merchandise and other personal property not permanently affixed to the Premises (collectively referred to as “Personal Property” in this Lease) shall remain the property of Lessee. Lessee shall, at its expense, immediately repair any damage occasioned to the Premises by reason of the removal of any such Personal Property.
10.6. Improvements and Fixtures. All Improvements constructed by Lessee, or existing on the Premises on the Commencement Date, together with all other fixtures, excepting Lessee’s trade fixtures, permanently attached to the Premises (collectively referred to in this Lease as “Fixtures”) shall become the property of City upon expiration or earlier termination of this Lease without any payment therefor by the City. Notwithstanding the foregoing, City may require Lessee to remove any or all Improvements or Fixtures at Lessee’s own expense upon termination of this Lease. Any damage to the Premises occasioned thereby shall be repaired by Lessee in a good and workmanlike manner and the Premises shall be left in as good order and condition as when Lessee took possession thereof, reasonable wear and tear and damage by the elements excepted. In the event Lessee does not remove any Fixtures following direction by the City, City 23 19
may remove, sell or destroy the same, and Lessee shall pay to City the reasonable cost of such removal, sale or destruction, together with the reasonable cost of repair of damages to City’s property or improvements or to the Premises resulting therefrom.
10.7. Signs and Lighting. Lessee shall not construct nor permit the erection of any signs on the Premises which do not conform to the City’s standards for signage at the Airport and to any laws or ordinances of governmental agencies having jurisdiction over the Premises. All exterior lighting on the Premises must conform to the City’s standards for lighting at the Airport and to any laws or ordinances of governmental agencies having jurisdiction over the Premises.
10.8. Environmental and ALP & Federal Aviation Regulations (“FAR”) Notification Requirement Compliance. City shall be responsible for completing any environmental reviews necessary under the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000, et seq., and/or the National Environmental Policy Act (“NEPA”), 42 United States Code Section 4321, et seq., for the City and/or FAA to approve this Lease and any revisions to the ALP to reflect the Master Development Plan. Lessee shall pay all costs incurred by City to make any CEQA and/or NEPA findings necessary for the City to approve the Lease and any amendments thereto and any revisions to the ALP to reflect the Master Development Plan. City shall have the option to hire a qualified contractor to perform required environmental analysis for review by City. In all instances where any proposed alteration, improvement, use or occupancy of the Premises by Lessee or any sublessee of Lessee will require environmental review under state or federal law, including, but not limited, to the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000, et seq., or the National Environmental Policy Act (“NEPA”), 42 United States Code Section 4321, et seq., the costs of completing such review shall be paid by Lessee (or Lessee’s sublessee).
Lessee further acknowledges that the City is obligated by state and federal law to maintain a current ALP for the Airport which details proposed and actual uses of the Premises. Lessee shall be responsible for ensuring any such proposed alteration, improvement, use or occupancy of the Premises is in accordance with the current ALP or shall take such steps as may be necessary, at Lessee’s sole cost, to amend the ALP to reflect the proposal prior to implementation. To the extent City has expended any sums to complete the aforementioned environmental reviews or ALP revisions to reflect Lessee’s or any sublessee of Lessee’s alteration, improvement, use or occupancy of the Premises, Lessee shall promptly reimburse City for these costs.
Lessee agrees to comply with Federal Aviation Regulations (“FAR”) notification and review requirements in the event construction of a building is planned for the Premises or in the event of any planned modification or alteration of any future building or structure situated on the Premises. This requires the submission of FAA Form 7460-1 Notice of Construction or Alteration to the FAA. The Lessee by accepting this Lease expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or building nor permit objects of natural growth or other obstructions on the land leased hereunder above a height as determined by the application of the requirements of Title 14 CFR part 77. In the event the aforesaid covenants are breached, the City reserves the right to enter upon the land hereunder and to remove the offending structure or object or cut the offending natural growth, all of which shall be at the expense of the Lessee.
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10.9. Approvals. The Parties acknowledge that various governmental entitlement approvals and permits (the “Approvals”) may need to be obtained before the construction of the Improvements can proceed. City and Lessee shall use commercially reasonable efforts and diligently pursue the Approvals and in connection therewith, City shall execute all truthful applications and related documents required by governmental agencies to be executed by the fee owner of the site for the Approvals, provided, however, that City shall not be required to incur any liability or encumbrance on its Site in connection therewith, and further provided that all costs incurred in pursuing such Approvals (including the costs of consultants, architects and engineers) shall be the responsibility of Lessee rather than City. The foregoing actions of City shall be referred to hereafter as “City’s Application Activities”. The City Manager is hereby authorized to execute any Approvals, truthful applications, or related documents required to be signed by City pursuant to this Section 10.9. Lessee shall be responsible for the installation of all on and offsite improvements required for the development of the Premises.
10.10. FAA Safety & Security Rules & Regulations. Lessee will conform to Airport and FAA safety and security rules and regulations regarding use of the Airport operations area including runways, taxiways, and aircraft aprons by vehicles, employees, customers, visitors, etc., in order to prevent security breaches and avoid aircraft incursions and vehicle/pedestrian deviations; will complete and pass airfield safe driving instruction program when offered or required by the Airport; and will be subject to penalties as prescribed by the Airport Manager for violations of the Airport safety and security requirements. Lessee will observe the taxiway object free areas, the ALP and aircraft parking regulations to allow the passage of taxiing aircraft.
ARTICLE 11 TAXES, ASSESSMENTS AND FEES
11.1. Responsibility for Payment of Taxes and Assessments. City shall not be obligated to pay any taxes or assessments on the Premises or any interest of Lessee therein accruing before, during or after the Term, or any extension thereof as a result of Lessee’s use, occupancy or improvement of the Premises; all such payments shall be the sole responsibility of Lessee. In addition, Lessee shall be solely responsible for payment of any taxes or assessments levied upon any Improvements, Fixtures or Personal Property located on the Premises, to the extent that such taxes or assessments result from the business or other activities of Lessee upon, or in connection with, the Premises.
11.2. Definition of “Taxes”. As used herein, the term “taxes” means all taxes, governmental bonds, special assessments, Mello-Roos assessments, charges, rent income or transfer taxes, license and transaction fees, including, but not limited to, (i) any state, local, federal, personal or corporate income tax, or any real or personal property tax, (ii) any estate inheritance taxes, (iii) any franchise, succession or transfer taxes, (iv) interest on taxes or penalties resulting from Lessee’s failure to pay taxes, (v) any increases in taxes attributable to the sale of Lessee’s leasehold interest in the Premises, or (vi) any taxes which are essentially payments to a governmental agency for the right to make improvements to the Premises.
11.3. Creation of Possessory Interest. Pursuant to the provisions of Revenue and Taxation Code Section 107.6, Lessee is hereby advised that the terms of this Lease may result in the creation of a possessory interest. Such a possessory interest is vested in Lessee; Lessee may be subjected to the payment of property taxes levied on such interest. Lessee shall be solely 25 21
responsible for the payment of any such property taxes. Lessee shall pay all such taxes when due, and shall not allow any such taxes, assessments, or fees to become a lien against the Premises or any improvement thereon; provided, however, that nothing herein shall be deemed to prevent or prohibit Lessee from contesting the validity of any such tax, assessment, or fee in a manner authorized by law.
11.4. City Mitigation Fees for New Development. Lessee shall be responsible for payment of all development fees, if any, assessed by the City, under Marina Municipal Code Title 3, Chapter 3.26 Mitigation Fees for New Development and shall furnish evidence to the City that all such fees have been paid prior to commencing construction.
11.5. Monterey County Water Resources Agency (MCWRA) Assessments. Lessee agrees to pay any assessments levied by the MCWRA. If the Premises are not separately assessed by MCWRA, Lessee’s liability shall be an equitable portion of the MCWRA assessment for all of the land and improvements included within the parcel so assessed, such proportion to be determined by the City from the respective valuations assigned in the MCWRA’s work sheets or such other information as may be reasonably available. The City’s reasonable determination thereof, in good faith, shall be conclusive provided, however, Lessee may appeal the City’s determination of the proration of MCWRA assessments to the City’s Airport Commission, whose decision shall be final. In the event Lessee fails to pay any assessment when due, the City may, at its option, pay the same and collect from Lessee’s performance deposit.
11.6. Airport Sewer Assessment. If applicable, Lessee shall pay a sewer connection fee and a monthly sewer service fee to the City. The amount of the fee shall be according to the fee schedule in effect at the time of Lease execution. The monthly sewer service fee will be adjusted from time to time and be based upon Lessee’s sewer service agreement, if any with Monterey One Water and City’s cost of repairing, maintaining and administering the Airport sewer system.
ARTICLE 12 REPAIRS; MAINTENANCE
12.1. Acceptance of Premises. Lessee acknowledges that Lessee has made a thorough inspection of the Premises prior to the Commencement Date of this Lease, and that it accepts the Premises as of the Commencement Date “as is,” in their condition at that time, subject to the provisions of this Lease. Lessee further acknowledges that, except as otherwise provided herein, City has made no oral or written representations or warranties to Lessee regarding the condition of the Premises, and that Lessee is relying solely on its inspection of the Premises with respect thereto.
12.2. Lessee’s Repair and Maintenance Obligations. Lessee shall at all times from and after the Commencement Date, at its own cost and expense, repair, maintain in good and leasable condition and replace, or cause to be repaired, maintained, or replaced at no cost to City, as necessary, the Premises and the Improvements planned for construction on the Premises and every part thereof, including, without limitation, the following as applicable: the roof; the heating, ventilation and air conditioning system; mechanical and electrical systems; all meters, pipes, conduits, equipment, components and facilities (whether or not within the Premises) that supply the Premises exclusively with utilities (except to the extent the appropriate utility company has assumed these duties); all Fixtures and other equipment installed in the Premises; 26 22
all exterior and interior glass installed in the Premises; all signs, locking and closing devices; all interior window sashes, casements and frames; doors and door frames ; floor coverings; and all such items of repair, maintenance, alteration, improvement or reconstruction as may be required at any time or from time to time by a governmental agency having jurisdiction thereof. Lessee’s obligations hereunder shall apply regardless of whether the repairs, restorations and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non-capital, or the fault or not the fault of Lessee, its agents, employees, invitees, visitors, sublessees or contractors. All replacements made by Lessee in accordance with this Section shall be of similar size, kind and quality to the items replaced, shall be subject to prior written approval by the Airport Manager, shall be performed in a good and workmanlike manner and, in any event, shall not diminish the value of the improvements. Said replacements shall be in compliance with any applicable laws or regulations including, but not limited to, 14 CFR Part 77, as such statutes and regulations may be amended from time to time. Upon surrender of the Premises, Lessee shall deliver the Premises to City without the payment of compensation and in good order, condition and state of repair, but shall not be responsible for damages resulting from ordinary wear and tear. Lessee shall provide for trash removal, at its expense, and shall maintain all trash receptacles and trash areas in a clean, orderly and first-class condition. Lessee shall be responsible for the maintenance and repair of the Premises including the structural elements of the Improvements and shall keep and maintain them in good condition, order and repair, and shall surrender same upon the expiration of this Lease in the condition in which they are required to be kept, reasonable wear and tear and damage by the elements not caused by Lessee’s negligence excepted. Lessee, by this Lease, specifically waives the provisions of §§ 1941 and 1942 of the California Civil Code with respect to the City’s obligations for the tenant ability of Premises and the Lessee’s right to make repairs and deduct the expenses of such repairs from rent.
12.3. Lessee’s Failure to Maintain. If, in the City’s sole determination, Lessee refuses or neglects to repair, replace, or maintain the Premises and the Improvements thereon, or any part thereof, in a manner reasonably satisfactory to City, City shall have the right, upon giving Lessee reasonable written notice of its election to declare a default of the Lease terms or to make such repairs or perform such maintenance on behalf of and for the account of Lessee. If City makes or causes any such repairs to be made or performed, Lessee shall pay the cost thereof to City, as Additional Rent, promptly upon receipt of an invoice therefor.
12.4. Right to Enter. Lessee shall permit City, or its authorized representatives, to enter the Premises at all times during usual business hours to inspect the same, and to perform any work thereon (a) that may be necessary to comply with any laws, ordinances, rules or regulations of any public authority, (b) that City may deem necessary to prevent waste or deterioration in connection with the Premises if Lessee does not make, or cause to be made, such repairs or perform, or cause to be performed, such work promptly after receipt of written demand from City, and (c) that City may deem necessary in connection with the expansion, reduction, remodeling, protection or renovation of any City constructed or owned facilities on or off of the Premises, or at the Airport. Nothing contained in this Section shall imply any duty on the part of City to do any such work which, under any provision of this Lease, Lessee shall be required to do, nor shall City’s performance of any repairs on behalf of Lessee constitute a waiver of Lessee’s default in failing to do the same. City’s entry shall not unreasonably interfere with the operation of the Premises and shall be conducted in such manner as to cause minimal disruption to Lessee and Lessee’s sublessees. No exercise by City of any rights reserved to it by this Section 27 23
shall entitle Lessee to any compensation, damages or abatement of rent from City for any injury or inconvenience occasioned thereby.
12.5. Leasehold Compliance Surveys. In addition to City’s right to enter pursuant to Section 12.4, above, Lessee acknowledges and accepts City’s right and intent to conduct periodic, but not more frequently than annually, Leasehold Compliance Surveys (“Surveys”).
Said Surveys shall be scheduled at a mutually convenient time for City, Lessee, and any affected sublessee following written notice by City of its intent to conduct a Survey. Said Surveys will focus on, but not be limited to, the condition of all leasehold improvements for proper maintenance and building code compliance, compliance with laws, and a verification of all commercial subleases on the Premises. Lessee agrees to cooperate with City, or its authorized representative, during the Survey process and provide access to all areas of the Premises, both interior and exterior. In the event City, or its authorized agent, is not able to access all areas of the Premises during the time of the scheduled Survey, Lessee will reschedule a mutually convenient time for a follow up survey to allow access to areas inaccessible during the initial Survey appointment, and Lessee agrees to compensate City for the personnel cost of the follow up Survey at the then applicable City overhead rate for the class of City employee(s) performing said Survey for each hour of such follow up Survey. Refusal by Lessee to provide City with access to all areas of the Premises shall constitute a default under this Lease.
12.6. Maintenance of Airport Facilities & Aerial Approaches. The City reserves the right, but shall not be obligated to the Lessee, to maintain and keep in repair the landing area of the Airport and all publicly owned facilities of the Airport together with the right to direct and control all activities of the Lessee in this regard. The City reserves the right to take any action it considers in its sole discretion to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the City, would limit the usefulness of the Airport or constitute a hazard to aircraft.
ARTICLE 13 INDEMNIFICATION AND INSURANCE
13.1. Definition of “Lessee Parties” and “City Parties”. For purposes of this ARTICLE 13, the term “Lessee Parties” refers singularly and collectively to Lessee and Lessee’s officers, members, partners, agents, employees, sublessees, and independent contractors as well as to all persons and entities claiming through any of these persons or entities. The term “City Parties” refers singularly and collectively to City and its officers, councilmembers, affiliated entities, personal representatives, assigns, licensees, invitees, agents, servants, employees, and independent contractors of these persons or entities.
13.2. Indemnification.
13.2.1 Lessee’s Indemnification of City Parties. To the fullest extent permitted by law, Lessee shall, at Lessee’s sole expense and with counsel reasonably acceptable to City, indemnify, protect, defend, and hold harmless City Parties from and against all Claims, as defined in Section 13.2.2, from any cause, arising out of or relating (directly or indirectly) to this Lease, the tenancy created under this Lease, or the Premises, including, without limitation:
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a) The use or occupancy, or manner of use or occupancy, of the Premises by Lessee Parties;
b) Any act, error, omission, or negligence of Lessee Parties or of any invitee, guest, or licensee of Lessee Parties, including, without limitation, trespassers, in, on, or about the Premises;
c) Lessee’s conducting of its business;
d) Any alterations, activities, work, or things done, omitted, permitted, allowed, or suffered by Lessee Parties in, at, or about the Premises, including construction of Improvements, and also including the violation of or failure to comply with any applicable laws, statutes (including but not limited to the payment of prevailing wage), ordinances, standards, rules, regulations, orders, decrees, or judgments in existence on the Commencement Date; and e) Any breach or default in performance of any obligation, on Lessee’s part, to be performed under this Lease, whether before or during the Term or after its expiration or earlier termination.
13.2.2 Definition of Claims. For purposes of this Lease, “Claims” means any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity, or otherwise), charges, assessments, fines, and penalties of any kind (including consultant and expert expenses, court costs, and attorneys’ fees actually incurred).
Claims for:
injury);
13.2.3 Type of Injury or Loss. This indemnification extends to and includes
a) Injury to any persons (including death at any time resulting from that
b) Loss of, injury or damage to, or destruction of property (including all loss of use resulting from that loss, injury, damage, or destruction); and c) All economic losses and consequential or resulting damage of any kind.
13.2.4 Sole Negligence. Except as provided in this Section 13.2.4, the indemnification in Section 13.2.1 shall apply, without limitation, to Claims caused by the concurrent negligent act or omission, whether active or passive, of City Parties, and regardless of whether liability without fault or strict liability is imposed or sought to be imposed on City Parties. The indemnification in Section 13.2.1 shall not apply to a final judgment of a court of competent jurisdiction establishing that a Claim against one or more City Parties was caused by the sole negligence of one or more City Parties. In that event, however, this indemnification shall remain valid for all other City Parties.
13.2.5 Indemnification Independent of Insurance Obligations. The indemnification provided in this ARTICLE 13 may not be construed or interpreted as in any way 29 25
restricting, limiting, or modifying Lessee’s insurance or other obligations under this Lease and is 30 26
independent of Lessee’s insurance and other obligations. Lessee’s compliance with the insurance requirements and other obligations under this Lease shall not in any way restrict, limit, or modify Lessee’s indemnification obligations under this Lease.
13.2.6 Survival of Indemnification. The clauses of this Section 13.2 shall survive the termination of this Lease.
13.2.7 Duty to Defend. Lessee’s duty to defend City Parties is separate and independent of Lessee’s duty to indemnify City Parties. The City shall have the right, but not the duty, to participate in the defense of any claim or litigation with attorneys of the City’s selection without relieving Lessee of any obligations hereunder. The duty to defend includes claims for which City Parties may be liable without fault or strictly liable. The duty to defend applies regardless of whether the issues of negligence, liability, fault, default, or other obligation on the part of Lessee Parties have been determined. The duty to defend applies immediately, regardless of whether City Parties have paid any sums or incurred any detriment arising out of or relating (directly or indirectly) to any Claims. It is the express intention of the parties that City Parties be entitled to obtain summary adjudication or summary judgment regarding Lessee’s duty to defend City Parties at any stage of any claim or suit within the scope of this Section 13.2.
13.3. Insurance. At no expense to City, upon the Effective Date and continuing during the Term and for such other period as may be required herein, Lessee shall provide insurance in the amounts and form specified in this Section and in Exhibit “C” (INSURANCE REQUIREMENTS), attached hereto.
13.3.1 Non-Permitted Conduct Increasing City Insurance Costs. If Lessee engages in activity that is a non-permitted use under this Lease, and any such activity causes a material increase in the premium for any insurance policies or the cancellation of an existing policy carried by City, Lessee shall, within sixty (60) days after receipt of written notice from City, reimburse City for the increase in the premium or the cost to obtain a replacement.
13.3.2 Survival of Insurance Requirements. Lessee shall, at Lessee’s sole expense, maintain in full force and effect the liability insurance coverages required under this Lease and shall maintain City Parties, and any lender specified by City, as additional insureds, for a period of no less than five (5) years after expiration or earlier termination of this Lease.
13.3.3 Insurance Independent of Indemnification. The insurance requirements set forth in this Section are independent of Lessee’s indemnification and other obligations under this Lease and shall not be construed or interpreted in any way to restrict, limit, or modify Lessee’s indemnification, and other obligations or to limit Lessee’s liability under this Lease.
ARTICLE 14 HAZARDOUS MATERIALS
14.1. Hazardous Materials Laws - Definition. As used in this Section, the term “Hazardous Materials’ Laws” means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called “common law”), including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C., § 9601, et seq., hereafter “CERCLA”), the Hazardous Materials 31 27
Transportation Act, as amended (49 U.S.C., § 1801, et seq., hereafter “HTA”), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., § 6901, et seq., hereafter “RCRA”), the Hazardous Waste Control Law (California Health & Safety Code §§ 25100, et seq., hereafter “HWCL”), the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health & Safety Code §§ 25300, et seq., hereafter “HSAA”), relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under or about the Premises, soil and groundwater conditions or other similar substances or conditions.
14.2. Hazardous Materials - Definition. As used in this Section, “Hazardous Materials” includes, without limitation (a) material that is flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; (b) petroleum products, including by products and fractions thereof; (c) hazardous materials, hazardous wastes, hazardous, or toxic substances, pollutants, waste, or related materials defined in CERCLA, HTA, RCRA, HWCL, HSAA, in the regulations adopted and publications promulgated pursuant to them, or any other applicable environmental laws now in effect or enacted after the date of this Lease; or (d) is any other material or substance giving rise to any liability, responsibility or duty upon the City or Lessee with respect to any third person under any Hazardous Materials Laws.
14.3. Lessee’s Representations and Warranties. Lessee represents and warrants that, during the Term or any extension thereof, or for such longer period as may be specified herein, Lessee shall comply with the following provisions of this Section unless otherwise specifically approved in writing by Airport Manager.
14.3.1 Lessee shall not cause or permit any Hazardous Materials to be brought, kept or used in or about the Premises by Lessee, its agents, employees, sublessees, contractors and/or invitees, except as may be permitted by Lessee’s use of the Premises in accordance with Section 6.1 (PERMITTED USES) of this Lease.
14.3.2 Any handling, transportation, storage, treatment or usage by Lessee and/or its agents, employees, sublessees, contractors and/or invitees, respectively and as applicable, of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws.
14.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly and thoroughly cleaned and removed from the Premises by Lessee at its sole expense, and any such discharge shall be promptly reported in writing to City, and to any other appropriate governmental regulatory authorities.
14.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by Lessee in the Premises.
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14.3.5 No underground improvements, including, but not limited to, treatment or storage tanks, or water, gas or oil wells shall be located by Lessee on the Premises without City’s prior written consent.
14.3.6 Lessee shall conduct and complete all investigations, studies, sampling, and testing procedures and all remedial, removal, and other actions necessary to clean up and remove all Hazardous Materials on, from, or affecting the Premises in accordance with all applicable Hazardous Materials’ Laws and to the reasonable satisfaction of City.
Notwithstanding anything to the contrary contained herein, in the event that prior to, or during the, initial two (2) years of construction of the Term of the Lease , Hazardous Materials are discovered (“Discovered Hazardous Materials”) and the cost to remediate such Discovered Hazardous Materials is estimated to be less than $50,000.00 then, in such event, Lessee shall be obligated to remove and remediate such Discovered Hazardous Materials at Lessee’s cost. If, however, the estimated cost of remediating such Discovered Hazardous Materials is estimated to exceed $50,000.00 then, in such event, Lessee may elect to terminate this Lease by delivery of written notice of such termination to City within ninety (90) days after the discovery of such Discovered Hazardous Materials (“Lessee Haz Mat Termination Notice”) in which event, neither party shall have any further rights or obligations hereunder; provided, however, that Lessee shall cause any work previously performed to the Leased Premises by or on behalf of Lessee, to be paid in full and shall return the Leased Premises to City free and clear of any mechanic’s liens relating to such work and provided Lessee shall not have such termination right in the event Lessee elects, following discovery of such Discovered Hazardous Materials, to continue to excavate such Discovered Hazardous Materials or Lessee or any of Lessee’s sublessees, contractors, agents or employees otherwise disturb such Discovered Hazardous Materials such that the same are required to be removed from the Premises. Notwithstanding the foregoing, Lessee shall have the right to terminate this Lease prior to, or during the initial two (2) years of construction of Improvements on the Leased Premises, even if the cost of remediation is less than $50,000 in the event a manifest for the removal and/or disposal of such Discovered Hazardous Materials is required to be signed; provided, however, Lessee shall not have such termination right in the event Lessee, following the discovery of such Discovered Hazardous Materials, elects to excavate such Discovered Hazardous Materials or Lessee or any of Lessee’s sublessees, contractors, agents or employees otherwise disturb such Discovered Hazardous Materials such that the same are required to be removed from the Premises. Further notwithstanding the foregoing, City shall have the right, but not the obligation, to elect by written notice delivered to Lessee within thirty (30) days after City’s receipt of Lessee’s Haz Mat Termination Notice, to remediate such Discovered Hazardous Materials in which event this Lease shall not terminate so long as City (i) undertakes and diligently pursues to completion the remediation of such Discovered Hazardous Materials at City’s sole cost and expense and (ii) agrees, in City’s sole discretion, to sign any manifest required with respect to the removal of any such Discovered Hazardous Materials. In the event of any Discovered Hazardous Materials not resulting in the termination of this Lease, the time periods for Lessee’s performance hereunder and the Commencement Date shall be extended by the period of delay relating to such remediation.
14.3.7 Lessee shall promptly supply City with copies of all notices, reports, correspondence, and submissions made by Lessee to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or 33 29
federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials’ Laws.
14.3.8 Lessee shall promptly notify City of any liens threatened or attached against the Premises pursuant to any Hazardous Materials’ Laws. If such a lien is filed against the Premises, then, within the earlier of (i) twenty (20) days following such filing, or (ii) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, Lessee shall either: (i) pay the claim and remove the lien from the Premises, or (ii) furnish either (1) a bond or cash deposit reasonably satisfactory to City in an amount not less than the claim from which the lien arises, or (2) other security reasonably satisfactory to City in an amount not less than that which is sufficient to discharge the claim from which the lien arises at the end of this Lease.
14.3.9 At the end of this Lease, Lessee shall surrender the Premises to City free of any and all Hazardous Materials and in compliance with all Hazardous Materials’ Laws affecting the Premises.
14.3.10 Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be responsible for the cleanup of contamination on, under or about the Premises resulting solely from the migration on, under or about the Premises of Hazardous Materials from other properties not owned or controlled by Lessee, whether it be a plume or other form of migration (“Migrating Hazardous Materials”) nor shall Lessee be subject to the indemnification provision of Section 14.4 of this Lease with respect to any such Migrating Hazardous Materials.
City shall not be liable for any damage, destruction, injury or business interruption arising from such migration.
14.4. As Is
14.4.1 Except as expressly set forth in this Lease, it is understood and agreed that City is not making and has not at any time made any warranties or representations of any kind or character, express or implied with respect to the Premises, including but not limited to, any warranties or representations as to habitability, merchantability or fitness for a particular purpose.
Lessee acknowledges and agrees that City shall lease to Lessee and shall accept the Premises “as is, where is, with all faults”, except to the extent expressly provided otherwise in this Lease.
Lessee understands that the Premises were formerly used by the federal government as part of an Army air base, that surrounding lands which were also part of such Army air base have, in the past been found to contain concentrations of volatile organic chemicals which exceed standards prescribed by the environmental agencies and the state and federal governments. Lessee has not relied and will not rely on, and City is not liable for or bound by, any express or implied warranties, guaranties, statements, representations or information pertaining to the Premises or relating thereto made or furnished by City or any employees or agents representing or purporting to represent City, to whomever made or given, directly or indirectly, orally or in writing, unless specifically set forth in this Lease.
Lessee represents to City that Lessee has conducted such investigations of the Premises including, but not limited to, the physical and environmental conditions thereof, as Lessee deems 34 30
necessary or desirable to satisfy itself as to the condition of the Premises and the existence or nonexistence of curative action to be taken with respect to any hazardous or toxic substances on or discharged from the Premises, and will rely solely upon same and not upon any information provided by or on behalf of City or its agents or employees with respect thereto, other than such representations, warranties and covenants of City that no City officer, employee, volunteer or agent has caused any condition of pollution or contamination which may now exist on the Premises, or as expressly set forth in this Lease. Such representation and warranty, however, shall not extend to any condition of pollution or contamination caused by the federal government for which under the terms of the Quitclaim Deed which transferred title from the Department of the Army to the City, the Army as grantor under that deed has a continuing responsibility to conduct response or corrective action as required by applicable law. Upon execution of this Lease, and after remediation of Disapproved Conditions, Lessee shall assume the risk that adverse matters, including but not limited to adverse physical and environmental conditions, may not have been revealed by Lessee’s investigations, and Lessee, upon the Effective Date (except with respect to the express representations and warranties of City set forth in this Lease), shall, except as provided above and in Sections 14.3.10 and 14.4.2, be deemed to have waived, relinquished and released City from and against any and all claims, demands, causes of action (excluding fraud), losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) of any and every kind or character, known or unknown, which Lessee might have asserted or alleged against City at any time by reason of or arising out of any environmental conditions regarding the Premises. In connection with the above waivers, Lessee, except as provided above and in Sections 14.3.10 and 14.4.2, hereby releases and waives the provisions of California Civil Code section 1542 which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Lessee’s Initials
Lessee (and, if applicable, each of its general partners) and its successors, assigns, and guarantors, if any, jointly and severally agree to protect, indemnify, defend (with counsel selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs or expenses (known or unknown, contingent or otherwise), liabilities (including sums paid in settlement of claims), personal injury (including wrongful death), property damage (real or personal) or loss, including attorneys’ fees, consultants’ fees, and experts’ fees (consultants and experts to be selected by City) which arise during or after the Term from or in connection with deposit, storage, leakage, spillage, release, discharge, emission or disposal of Hazardous Materials anywhere in the Premises, including the soil, ground water or soil vapor on or under the Premises during the Term of this Lease.
Notwithstanding anything to the contrary contained herein, to the extent that Lessee conclusively proves to City that a release of Hazardous Materials occurred in connection with the City’s exercise of its rights under Section 2.5 above for purposes other than those benefiting the Premises or Lessee’s use of the Premises (e.g. granting of utility easements serving the Improvements) or if a release of Hazardous Materials was caused by the sole negligent, willful or criminal act or omission, whether active or passive of the City, or the City’s agents, employees, or contractors, Lessee shall not be responsible for the cleanup of such Hazardous Materials nor 35 31
shall Lessee be subject to the indemnification provisions of Section 14.4 of this Lease with respect to any such Hazardous Materials. Without limiting the generality of the foregoing, the indemnification provided by this Section shall specifically cover costs incurred in connection with investigation of site conditions or any cleanup, remedial, removal or restoration work required by any Hazardous Materials Laws because of the presence of Hazardous Materials in the soil, ground water or soil vapor on the Premises and the release or discharge of Hazardous Materials by Lessee during the course of Lessee’s alteration or improvement of the Premises.
14.4.2 Notwithstanding anything to the contrary contained in this Lease, if Lessee conclusively proves to City that any Hazardous Materials were present on, under or about the Premises prior to the Commencement Date of this Lease (“Preexisting Hazardous Materials”), Lessee shall not be responsible for the cleanup of such Preexisting Hazardous Materials, nor shall Lessee be subject to the indemnification provision of Section 14.4 of the Lease with respect to any such Preexisting Hazardous Materials. City shall not be liable for any damage, destruction, injury, or business interruption arising from such Preexisting Hazardous Materials.
14.5. Inspection. City and City’s agents, servants, and employees including, without limitation, legal counsel and environmental consultants and engineers retained by City, may (but without the obligation or duty so to do), on reasonable notice to Lessee (except in the event of an emergency in which case no notice shall be required), inspect the Premises to determine whether Lessee is complying with Lessee’s obligations set forth in this Article, and to perform environmental inspections and samplings, during regular business hours (except in the event of an emergency in which case access may be had at any time) or during such other hours as City and Lessee may agree. If Lessee is not in compliance and Lessee does not promptly commence and diligently pursue any remediation required in connection with such non-compliance, City shall have the right, in addition to City’s other remedies available at law and in equity, to enter upon the Premises immediately and take such action as City in its reasonable judgment deems appropriate to remediate any actual or threatened contamination caused by Lessee’s failure to comply. City will use reasonable efforts to minimize interference with Lessee’s and Lessee’s sublessees’ use of Premises but will not be liable for any interference caused by City’s entry and remediation efforts. Upon completion of any sampling or testing City will (at Lessee’s expense if City’s actions are a result of Lessee’s default under this Section) restore the affected area of the Premises from any damage caused by City’s sampling and testing.
ARTICLE 15 ASSIGNMENT, SUBLETTING AND ENCUMBRANCES
15.1. City’s Consent to Transfer Required. Lessee acknowledges that under the terms of the Quitclaim Deed by which the City acquired title to the Premises and the terms of this Lease, the Premises cannot be used for other than airport purposes and aeronautical use without the prior written consent of the FAA. Lessee shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, license, or otherwise transfer (collectively, a “Transfer”) all or any portion of the Premises or its interest in this Lease without City’s prior written consent, which consent can be withheld at the City’s sole discretion. City may withhold its consent until Lessee has materially complied with the provisions of the following Sections of this Article. Any attempted Transfer without City’s consent shall be void and shall constitute a material breach of this Lease. 36 32
15.2. No Release of Lessee. No authorized Transfer shall release or change Lessee’s primary liability to pay the rent and to perform all other obligations of Lessee under this Lease, except to the extent the Lease is terminated as described above. Lessee may not amend the assignment or sublease in such a way as to reduce or delay payment of amounts that are provided in the assignment or sublease approved by City. City’s acceptance of rent from any other person is not a waiver of any provision of this Article or a consent to Transfer. City’s consent to one Transfer shall not be deemed to imply City’s consent to any subsequent Transfer. If Lessee’s Transferee defaults under this Lease, City may proceed directly against Lessee without pursuing remedies against the Transferee. City may consent to subsequent assignments or modifications of this Lease by Lessee’s Transferee, without notifying Lessee or obtaining its consent, and such action shall not relieve Lessee’s liability under this Lease.
15.3. Approval of Temporary or Limited Activities. Notwithstanding any provision of this Article to the contrary, the Airport Manager may, at his or her sole discretion, give written authorization for the following activities on the Premises: (i) activities of a temporary nature, not to exceed one hundred twenty (120) calendar days, and (ii) activities of a limited nature which do not exceed ten (10) hours per week. Lessee shall maintain, on an approved City form, a listing of all such activities approved by the City, stating the nature, duration and other relevant matters regarding such activities, and shall make such form available to City for inspection upon request.
Nothing herein shall relieve Lessee from its responsibilities under this Lease, and Lessee shall be responsible for insuring that any such activity approved by the City complies with all of the provisions of this Lease. Any such temporary or limited activity shall be subject to immediate termination upon delivery of written notification thereof from the City.
ARTICLE 16 DEFAULTS BY LESSEE; CITY’S REMEDIES
16.1. Events of Default. The occurrence of any of the following shall constitute a default by Lessee and a breach of this Lease:
16.1.1 Failing or refusing to pay any amount of Base Monthly Rent or Additional Rent when due in accordance with the provisions of this Lease, and the default continues for ten (10) days after notice from City;
16.1.2 Failing or refusing to occupy and operate or maintain the Premises in accordance with the provisions of this Lease;
16.1.3 Failing or refusing to perform fully and promptly following written notice from the City any covenant or condition of this Lease, other than those specified in subsection
16.1.1 above, the breach of which Lessee is capable of curing after reasonable notice from City;
16.1.4 Maintaining, committing or permitting on the Premises waste, a nuisance, or use of the Premises for an unlawful purpose;
16.1.5 Assigning or subletting this Lease in a manner contrary to the provisions of this Lease;
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16.1.6 Failing or refusing to permit City access to all areas of the Premises as set forth in Section 12.5 (LEASEHOLD COMPLIANCE SURVEYS) above;
16.1.7 Failing or refusing to comply with the Airport Operating Ordinance, the Airport Regulations, and the Minimum Operating Standards of the Airport; or
16.1.8 The occurrence of any of the events set forth in Section 19.1 (BANKRUPTCY; RIGHT OF TERMINATION) below.
16.2. Notices. Following the occurrence of any of the defaults specified in the preceding Section, City shall give Lessee a written notice specifying the nature of the default and the provisions of this Lease breached and demanding that Lessee either fully cure each such default within the time period specified in the subparagraphs below or quit the Premises and surrender the same to City:
16.2.1 For nonpayment of Base Monthly Rent or Additional Rent, ten (10) business days; and
16.2.2 For any default in the performance of any covenant not requiring payment of Base Monthly Rent or Additional Rent, thirty (30) business days, provided, however, that if such default cannot be cured within said time period, Lessee shall be deemed to have cured such default if Lessee so notifies City in writing, commences cure of the default within said time period, and thereafter diligently and in good faith continues with and actually completes said cure.
To the extent permitted by applicable State law, the time periods provided in this Section for cure of Lessee’s defaults under this Lease or for surrender of the Premises shall be in lieu of, and not in addition to, any similar time periods described by California law as a condition precedent to the commencement of legal action against Lessee for possession of the Premises.
16.3. City’s Damages. Should City terminate this Lease and Lessee’s right to possession of the Premises, City may recover from Lessee as damages any or all of the following:
16.3.1 Any unpaid rent owed to City at the time of such termination;
16.3.2 Any unpaid rent that would have been owed to City after termination of the Lease to the time of any award that exceeds any rent loss that Lessee proves could have been reasonably avoided;
16.3.3 Any other amount necessary to compensate City for all the detriment proximately caused by Lessee’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, without limitation, any costs or expense incurred by City in (i) maintaining or preserving the Premises after such default, (ii) preparing the Premises for reletting to a new Lessee, including repairs or alterations to the Premises for such reletting, (iii) leasing commissions, and (iv) any other costs necessary or appropriate to relet the Premises; and
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16.3.4 At City’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by the laws of the State of California.
16.4. Interest. Any amounts due to City from Lessee pursuant to this Article 16 shall accrue interest at the rate and in the manner specified in Section 4.4 (FAILURE TO PAY BASE MONTHLY RENT OR ADDITIONAL RENT; LATE CHARGE) for unpaid rent.
ARTICLE 17 DEFAULTS BY CITY; REMEDIES
The City shall not be in default unless the City fails to perform obligations required of the City within a reasonable time, but in no event later than thirty (30) days after receipt of written notice to the Tenant. If the nature of the City’s obligation is such that more than thirty (30) days are required for performance, then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently pursues same to completion.
ARTICLE 18 ABANDONMENT
Lessee shall not abandon the Premises without the payment of Rent and continued performance of Lessee’s maintenance and repair obligation hereunder at any time during the Term of this Lease. If Lessee shall so abandon the Premises, or be dispossessed by process of law, or otherwise, any Personal Property or Fixtures belonging to Lessee and left on the Premises shall, at the option of City, be deemed abandoned. In such case, City may dispose of said Personal Property and Fixtures in any manner provided by California law and is hereby relieved of all liability for doing so.
ARTICLE 19 BANKRUPTCY; RIGHT OF TERMINATION
19.1. Right of Termination. Should any of the following events occur, City may terminate this Lease and any interest of Lessee therein, effective with the commencement of the event:
19.1.1 Proceedings are instituted whereby all, or substantially all, of Lessee’s assets are placed in the hands of a receiver, trustee or assignee for the benefit of Lessee’s creditors, and such proceedings continue for at least ninety (90) days;
19.1.2 Any creditor of Lessee institutes judicial or administrative process to execute on, attach or otherwise seize substantially all of Lessee’s Fixtures or Personal Property, located on the Premises and Lessee fails to discharge, set aside, exonerate by posting a bond, or otherwise obtain a release of such property within sixty (60) days;
19.1.3 A petition is filed for an order of relief under the Federal Bankruptcy Code or for an order or decree of insolvency or reorganization or rearrangement under any state or federal law, and is not dismissed within ninety (90) days;
19.2. Request for Information. Within ten (10) business days after City’s request therefor, Lessee shall provide City and any mortgagee or proposed mortgagee of City, as City 39 35
shall specify, such financial, legal and business information concerning any of the events described in this Article as City shall request.
ARTICLE 20 DAMAGE OR DESTRUCTION
20.1. Insured Casualty. Except as otherwise provided herein, should the Lessee’s Fixtures, Improvements or Personal Property be damaged by fire, or other perils covered by the insurance Lessee is required to carry under the terms of this Lease, Lessee shall undertake to restore such Fixtures, Improvements or Personal Property to substantially the same condition as they were in immediately preceding such damage or destruction. In the event of a total destruction of the Premises so that the Premises are rendered unusable, Lessee shall have the right to terminate this Lease. If the parties to this Lease cannot agree upon the extent and amount of such damage or destruction for purposes of determining Lessee’s right to terminate the Lease pursuant to this Section, City shall promptly designate a certified and qualified third party architect, registered engineer, or licensed building contractor, at the sole expense of Lessee, who shall determine such matters and the determination of such architect, engineer, or contractor shall be final and binding upon the parties to this Lease.
20.2. Construction Provisions. In the event of any reconstruction of the Premises required of Lessee pursuant to this Article, Lessee shall, to the extent of available insurance proceeds, repair or rebuild such Improvements to substantially the same condition they were in immediately preceding such damage or destruction, subject to Lessee’s rights under this Lease to construct different Improvements meeting the requirements of this Lease. Lessee shall, to the extent of available insurance proceeds, also repair or replace its Fixtures and Personal Property situated upon the Premises which may have been damaged or destroyed by such cause as may, in the opinion of City, be reasonably necessary for the resumption by Lessee of its business upon the Premises with respect to the Improvement reconstruction.
20.3. No Abatement of Rent. In the event of reconstruction by Lessee pursuant to this Article, Lessee shall continue the operation of its business on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and the obligation of Lessee to pay Base Monthly Rent and Additional Rent shall remain in full force and effect. Lessee shall not be entitled to any compensation or damages from City for loss of use of the whole or any part of the Premises, the building of which the Premises are a part, any Improvements, Lessee’s Fixtures or Personal Property, or any inconvenience or annoyance occasioned by such damage, reconstruction or replacement. Lessee hereby waives any statutory rights of termination which may arise by reason of any partial or total destruction of the Premises.
20.4. Release of Liability. Upon any termination of this Lease under any of the provisions of this Article, the parties shall be released thereby without further obligation to the other party coincident with the surrender of possession of the Premises to City, except for items which have theretofore accrued and are then unpaid. Monthly rent shall be apportioned and paid to the time of termination.
20.5. Uninsured Casualty. In the event the Premises are damaged by any flood, earthquake, act of war, nuclear reaction, nuclear radiation or radioactive contamination, or any 40 36
other casualty not covered by Lessee’s insurance, and (i) the Improvements then located on the Premises are damaged or destroyed to the extent of more than twenty percent (20%) of their replacement cost, or (ii) the damage is such that such Improvements cannot be repaired and restored within ninety (90) days after the casualty, Lessee shall have the election, and shall within sixty (60) days following the date of such damage give City written notice of Lessee’s election, either to commence reconstruction of such Improvements and prosecute the same diligently to completion, in which event this Lease shall continue in full force and effect, or not to perform such reconstruction of such Improvements, in which event this Lease shall cease and terminate upon Lessee’s notice of its election to terminate.
20.6. Insurance Proceeds. Any insurance proceeds shall first be paid to, if necessary, raze or demolish the Improvements so damaged or destroyed and remove any debris from the Premises and then to City for any unpaid amounts owed under the Lease.
ARTICLE 21 EMINENT DOMAIN
21.1. Condemnation. In the event the whole or any part of the Premises are condemned by a public entity including the City in the lawful exercise of the power of eminent domain, this Lease shall terminate as to the part condemned on the date possession of that part is taken by said public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes allowed by this Lease in the opinion of the Airport Manager, Lessee shall (i) continue to be bound by the terms, covenants and conditions of this Lease, except the Base Monthly Rent shall be reduced in proportion to the relationship that the compensation paid by the public entity for the portion of the Premises condemned bears to the value of the whole of the Premises as of the date possession of the part is taken by the public entity, and (ii) at its cost, Lessee shall restore the remaining portion of the Premises to the extent required to create a reasonably sound architectural unit less the portion so taken. If only a part of the Premises is condemned and the taking of the part does substantially impair the capacity of the remainder to be used for the purposes allowed by this Lease, in the opinion of the Airport Manager, Lessee shall have the option to:
21.1.1 Terminate this Lease and be absolved of all obligations hereunder which have not accrued at the date possession is taken by public entity; or
21.1.2 Continue to occupy the remainder of the Premises and remain bound by the terms, covenants and conditions of this Lease. If Lessee elects to continue to occupy the remainder, the Base Monthly Rent shall be reduced in proportion to the relationship that the compensation paid by the public entity for the portion of the Premises condemned bears to the value of the whole of the Premises (as determined in the proceeding to determine compensation for the portion of the Premises taken) as of the date possession of the part is taken by the public entity. Lessee shall give notice in writing of its choice of remedies hereunder within thirty (30) days of the date possession of the part is taken by the public entity.
In the event Lessee does not concur with the opinion of the Airport Manager regarding capacity of the remainder to be used for purposes allowed by this Lease, Lessee may request a final determination by the City Council.
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ARTICLE 22 SALE OR MORTGAGE BY CITY
22.1. Sale or Mortgage. City may at any time, without the consent of Lessee, sell, purchase, exchange, transfer, assign, lease, encumber or convey City’s interest in whole or in part, in the Lease, the Premises, the realty underlying the Premises and/or any portion of or interest in the realty or improvements on the Premises (collectively referred to in this Article as a “Sale”), provided that any holder of a deed of trust, mortgage or other encumbrance of City’s interest in the Lease, the Premises, the realty underlying the Premises and/or any portion of or interest in the realty or improvements on the Premises shall provide a non-disturbance agreement to Lessee in a form reasonably acceptable to Lessee.
22.2. Release on Sale. From and after a Sale, City shall be released from all liability toward Lessee and Lessee’s successors and assigns arising from this Lease because of any act, occurrence or omission of City occurring after such Sale and such successors’ written assumption of the City’s obligation as landlord hereunder.
ARTICLE 23 SUBORDINATION; ATTORNMENT
23.1. Subordination. Without the necessity of any other document being executed and delivered by Lessee, this Lease is and shall be junior, subject and subordinate to any existing or future permits, agreements, contracts or approvals issued by the United States of America or any local, State or federal agency affecting the control or operation of the Premises; Lessee shall be bound by the terms and provisions of such permits, agreements, contracts or approvals.
23.2. Attornment. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by City covering the Premises, Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as landlord under this Lease.
ARTICLE 24 CITY’S RIGHT OF ACCESS
24.1. City’s Right to Enter the Premises. City, its agents, employees, and contractors may enter the Premises at any time in response to an emergency, or in cases of non-emergency during the normal business hours, upon 48 hours’ notice, and accompanied by an authorized representative of Lessee and the applicable sublessee, to (a) inspect the Premises, (b) exhibit the Premises to prospective purchasers or lessees, (c) determine whether Lessee is complying with its obligations in this Lease (including its obligations with respect to compliance with Hazardous Materials Laws), (d) post notices of non-responsibility or similar notices, or (e) exercise its rights pursuant to Section 2.5 (RESERVATIONS TO CITY/EASEMENT RESERVATIONS) or Section
12.3 (LESSEE’S FAILURE TO MAINTAIN) above; provided, however, that all work will be done as promptly as reasonably possible and so as to cause as little interference to Lessee as reasonably possible and shall be subject to the requirements elsewhere in this Lease regarding City access.
24.2. Lessee’s Waiver of Damages Claims. Lessee waives any claim of injury or inconvenience to Lessee’s business, interference with Lessee’s business, loss of occupancy or quiet enjoyment of the Premises, or any other loss occasioned by such entry. City will have the right to use any means that City may deem proper to open doors in the Premises and to the 42 38
Premises in an emergency. No entry to the Premises by City by any means will be a forcible or unlawful entry into the Premises or a detainer of the Premises or an eviction, actual or constructive, of Lessee from the Premises, or any part of the Premises, nor will the entry entitle Lessee to damages or an abatement of rent or other charges that this Lease requires Lessee to pay. Notwithstanding any provision of this Lease to the contrary, however, should City’s entry on the Premises temporarily interfere with the use of any or all of the Premises by Lessee, Airport Manager, in his or her sole discretion, may temporarily reduce the rental in proportion to the interference, as determined by Airport Manager, with Lessee’s use of the Premises. Nothing in this Section shall apply to any actions in eminent domain, which shall be governed solely by Article 21 (EMINENT DOMAIN), above.
ARTICLE 25 QUIET ENJOYMENT
If Lessee is not in breach under the covenants made in this Lease, City covenants that Lessee shall have peaceful and quiet enjoyment of the Premises without hindrance on the part of City or any party claiming through or under the City. City will defend Lessee in the peaceful and quiet enjoyment of the Premises against claims of all persons claiming through or under the City.
ARTICLE 26 HOLDING OVER
If Lessee remains in possession of the Premises, for any reason, after the expiration of the term of this Lease without executing a new Lease, or after City has declared a forfeiture by reason of a default by Lessee, then such holding over shall be construed as a tenancy from month to month, subject to all the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. The Base Monthly Rent payable during any period of holding over shall be equal to one hundred fifty percent (150%) of the Base Monthly Rent payable during the period immediately preceding Lessee’s holding over.
ARTICLE 27 NOTICES
27.1. Notices. All notices and other communications required to be given under this Lease shall be in writing and shall be delivered at the addresses specified in Article 1 (SUMMARY OF BASIC LEASE PROVISIONS), or to such other addresses as either Party may from time to time specify as its address for the receipt of notices hereunder, in a notice to the other Party. Notice may be given by personal delivery, recognized overnight courier, by United States mail, or by e-mail, in the manner set forth below. A copy of any notice personally delivered or sent by mail shall be sent by electronic mail to the email address provided below. Notice shall be deemed effective on the date personally served and if mailed, three (3) business days from the date such notice is deposited in the United States mail. Notice by e-mail shall be deemed effective at the time of the email, provided, however, that if it occurs on any day other than a business day or after 5:00 p.m. Pacific time, it shall be deemed effective at 9:00 a.m. on the next business day, and any such email shall not be deemed given if the sender receives: (a) a reply indicating the recipient is out of the office or otherwise unavailable or (b) an automated non- delivery, bounce-back, or similar failure notification indicating that the email was not successfully delivered to the recipient’s mail server. In such event, notice shall not be deemed given unless and until it is re-sent and successfully delivered or provided by an alternative method permitted under this Agreement.
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Notices sent by e-mail shall be addressed:
If to City, to: [email protected], and
If to Lessee, to: [email protected]
Notices given by an attorney shall be deemed to constitute notice from that Party.
27.2. Default Notices. Notwithstanding anything to the contrary contained within this Article, any notices City is required or authorized to deliver to Lessee in order to advise Lessee of alleged violations of Lessee’s covenants under this Lease must be in writing but shall be deemed to have been duly given or served upon Lessee by City attempting to deliver at the Premises during normal business hours a copy of such notice to Lessee or its managing employee and by City mailing a copy of such notice to Lessee in the manner specified in the preceding Section.
ARTICLE 28 NONDISCRIMINATION
28.1. Nondiscrimination. Lessee hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Lease is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry and such other protected categories that may from time to time be added to Civil Code section 51 or other laws prohibiting discrimination in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises, nor shall Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of Lessees, lessees, sublessees, or vendees in the Premises.
28.2. Department of Transportation Programs.
28.2.1 Lessee, for its personal representatives successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree “as a covenant running with the land” that in the event facilities are constructed, maintained, or otherwise operated on the leased Premises for a purpose for which a Department of Transportation (DOT) program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
28.2.2 Lessee, for its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree “as a covenant running with the land” that: (i) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the leased Premises, (ii) that, in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (iii) that Lessee shall use the leased Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, 44 40
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended.
28.2.3 Lessee assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Lessee or its transferee for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of, personal property or real property or interest therein or structures or improvements thereon. In these cases, this provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the City as the Airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the City as the Airport sponsor or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract.
28.2.4 In the event of breach of any of the nondiscrimination covenants, City (through the Airport Manager) shall have the right to terminate this Lease, and to re-enter the Premises, and hold the same as if this Lease had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations Part 21 are followed and completed including expiration of appeal rights.
28.3. Compliance with Non-Discrimination Covenants. Without limiting the generality of any other terms or provisions of this Lease, noncompliance with Section 28.2 above shall constitute a material breach thereof and in the event of such noncompliance City (through the Airport Manager) shall have the right to terminate this Lease and the estate hereby created without liability therefor or, at the election of the City or of the United States, either or both said governments shall have the right to judicially enforce Section 28.2 of this Article 28.
28.4. Covenants in Other Ancillary Agreements. Lessee agrees that it shall insert the provisions of Sections 28.2 and 28.3 in any agreement, sublease, assignment or other agreement by which Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or non-aeronautical services to the public on the Premises.
ARTICLE 29 NONDISCRIMINATION IN AIRPORT AID PROGRAM
29.1. nNondiscrimination in Airport Aid Program. If Lessee employs 50 or more persons in its aviation workforce, the Lessee will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, as such program or requirements may be amended from time to time, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Lessee assures that it will require that its covered sub organizations provide assurances to the Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR Part 152, 45 41
Subpart E, to the same effort.
29.2. Community Hiring Program. Lessee and City agree to enter into negotiations to develop a hiring program for entry level jobs targeting low-income residents of the community.
ARTICLE 30 WAIVER OF RELOCATION ASSISTANCE BENEFITS
30.1. Relocation Assistance Benefits. Lessee is hereby informed and acknowledges the following:
30.1.1 By entering into this Lease and becoming a Lessee of City, Lessee may become entitled to receipt of “relocation assistance benefits” (“Relocation Benefits”) pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. §§ 4601 et seq.; 49 C.F.R. 24 et seq.) and/or the California Relocation Assistance Law (Cal. Gov. Code, §§ 7260 et seq.; 25 C.C.R. 6090 et seq.) (collectively the “Relocation Statutes”), should City at some time make use of the Premises in such a way as to “displace” Lessee from the Premises. Pursuant to the Relocation Statutes, City may then become obligated to make such payments to Lessee even where such displacement of Lessee does not otherwise constitute a breach or default by City of its obligations pursuant to this Lease.
30.2. Lessee’s Waiver and Release of Relocation Benefits. In consideration of City’s agreement to enter into this Lease, Lessee hereby waives any and all rights it may now have, or may hereafter obtain, to Relocation Benefits arising out of the City’s assertion or exercise of its contractual rights to terminate this Lease pursuant to its terms, whether or not such rights are contested by Lessee or any other entity, and releases City from any liability for payment of such Relocation Benefits; provided, however, that Lessee does not waive its rights to Relocation Benefits to the extent that Lessee’s entitlement thereto may arise out of any condemnation or pre- condemnation actions taken by the City or any other public agency with respect to the Premises.
Lessee shall in the future execute any further documentation of the release and waiver provided hereby as City may reasonably require.
ARTICLE 31 RECORDS, ACCOUNTS AND AUDITS
31.1. Lessee’s Duty to Keep Records. Lessee shall, at all times during the Term of this Lease, and for a period of at least five (5) years following termination or expiration of this Lease, keep or cause to be kept, true and complete books, records and accounts of all financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted herein. Such records shall also include the source and disposition of all trash collected and disposed of by Lessee in the operation of its business. Said records must be supported by source documents such as sales slips, cash register tapes, purchase invoices or other pertinent documents.
31.2. City’s Right to Audit. All Lessee’s books or accounts and records shall be kept and made available at one location within the limits of the City of Marina. City shall have the right at any reasonable time during normal business hours and upon reasonable written notice to examine and perform audits of Lessee’s records pertaining to its operations on the Premises. The cost of said audits shall be borne by City; however, Lessee shall provide to City at Lessee’s expense, necessary data to enable City to fully comply with each and every requirement of the 46 42
State of California or by the United States of America for information or reports relating to this Lease and to Lessee’s use of the Premises.
ARTICLE 32 GENERAL PROVISIONS
32.1. Authority. Lessee represents and warrants that it has full power and authority to execute and fully perform its obligations under this Lease pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Lease on behalf of Lessee are the duly designated agents of Lessee and are authorized to do so.
32.2. Brokers. Lessee warrants that it has had no dealings with any real estate broker or agent in connection with the negotiation and/or execution of this Lease. In the event any broker other than the brokers acknowledged in writing by City make claim for monies owed, Lessee shall indemnify, defend and hold City harmless therefrom.
32.3. Captions. The captions, headings and index appearing in this Lease are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Lease.
32.4. City’s Approval. Except where stated herein to the contrary, the phrases “City’s approval,” and “City’s written approval” or such similar phrases shall mean approval of Airport Manager.
32.5. Further Actions. Each of the parties agrees to execute and deliver to the other such documents and instruments, and to take such further action as may be necessary to give effect to the terms, conditions, purpose and intent of this Lease as an aeronautical use including but not limited to, any documents or instruments required to give full force and effect to any term or condition identified by the FAA in its review of the Lease as required for inclusion in the Lease.
32.6. Entire Agreement. This Lease, together with all addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded.
32.7. Estoppel Certificate. Either Party shall at any time during the term of this Lease, within five (5) business days of written notice from the other Party, execute and deliver a statement in writing certifying that this Lease is unmodified and in full force and effect or, if modified, stating the nature of such modification. Such statement shall include other details requested by the requesting Party, such as the date to which rent and other charges are paid, knowledge concerning any outstanding defaults with respect to applicable obligations under this Lease and the nature of such defaults. Any such statement may be relied upon conclusively by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such statements within such time shall be conclusive upon the requested Party that this Lease is in full force and effect, except to the extent any modification has been represented by City, that there are no uncured defaults, and that not more than one month’s rent has been paid in advance.
32.8. Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference.
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32.9. Force Majeure. In the event either party is prevented or delayed from performing any act or discharging any obligation hereunder, except for the payment of rent by Lessee, because of any and all causes beyond either party’s reasonable control, including unusual delays in deliveries, abnormal adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, civil commotion and fire or other casualty, legal actions attacking the validity of this Lease or the City’s occupancy of the Premises, or any other casualties beyond the reasonable control of either party except casualties resulting from Lessee’s negligent operation or maintenance of the Premises (“Force Majeure”), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay.
Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. It is understood and agreed to by the Lessee that the Lessee cannot, and will not, claim force majeure or request that the time for commencement of construction or completion of the Improvements be tolled the based on an economic downturn of any type.
32.10. Governing Law. This Lease shall be governed, construed and enforced in accordance with the laws of the State of California.
32.11. Interpretation. The parties have each agreed to the use of the particular language of the provisions of this Lease, and any question of doubtful interpretation shall not be resolved by any rule of interpretation providing for interpretation against the parties who cause an uncertainty to exist or against the draftsperson.
32.12. Opportunity to Consult with Counsel. The City and Lessee hereby represent and acknowledge that they have each been provided with the opportunity to discuss and review the terms of this Lease with their respective attorneys before signing it and that they are freely and voluntarily signing this document in exchange for the benefits provided herein. The City and Lessee further represent and acknowledge that they have been provided a reasonable period of time within which to review the terms of this Lease.
32.13. Joint and Several Liability. If more than one person or entity executes this Lease as Lessee, each of them is jointly and severally liable for all of the obligations of Lessee hereunder.
32.14. Lessee’s Lease Administration. Lessee confirms that Lessee’s Lease Administrator has been given full operational responsibility for compliance with the terms of this Lease. Lessee shall provide City with a written schedule of its normal hours of business operation on the Premises, and post notice of such schedule in the office area of the Premises.
Lessee’s Lease Administrator or a representative designated thereby shall be (i) available to City on a twenty-four (24) hour a day, seven (7) days a week, basis, and (ii) present on the Premises during Lessee’s normal business hours, to resolve problems or answer question pertaining to this Lease and Lessee’s operations on the Premises.
32.15. Dispute Resolution.
32.15.1 The conditions of this Lease may be enforced by any means and methods by which City may secure compliance with the provisions of its Municipal Code, Airport 48 44
Regulations, and Minimum Operating Standards. These include, but are not limited to the following:
a) Warning notices, administrative citations, civil or criminal enforcement, or injunctive relief.
b) Multiple enforcement remedies may be used to achieve compliance with respect to persons who commit continuing violations.
32.15.2 The parties agree that if any dispute arises over the interpretation or performance of this Lease, the parties will first attempt to negotiate any such dispute informally.
32.15.3 If Lessee disagrees with a decision of the Airport Manager regarding this Lease, and the parties are unable to resolve the dispute informally, Lessee shall appeal the Airport Manager’s decision to the Marina Airport Commission, as set forth in City of Marina Municipal Code Section 13.22.050, before seeking relief through a court of competent jurisdiction or any other proceeding.
32.15.4 In the event it should become necessary for either party to enforce or interpret any of the terms and conditions of this Lease by means of court action or administrative enforcement, the laws of the State of California shall govern the interpretation of the terms and conditions of this Lease and such action shall be brought in a court of proper jurisdiction in Monterey County. The prevailing party, in addition to any other remedy at law or in equity available to such party, shall be awarded all reasonable costs and reasonable attorneys’ fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorneys for the prevailing party.
32.15.5 City may elect to pursue its rights under any legal or equitable remedy now available to City under the laws of the State of California. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive and shall be in addition to all other rights and remedies.
32.16. Modification. The provisions of this Lease may not be modified, except by a written instrument signed by both parties.
32.17. Partial Invalidity. If any provision of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law.
32.18. Payments. Except as may otherwise be expressly stated, each payment required to be made by Lessee shall be in addition to and not in substitution for other payments to be made by Lessee.
32.19. Successors & Assigns. This Lease shall be binding on, and inure to the benefit of, the parties and their successors and assigns, all of whom shall be jointly and severally liable hereunder, except as may otherwise be provided herein.
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32.20. Time of Essence. Time is of the essence of each and every provision of this Lease.
32.21. Waiver. No provision of this Lease or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. The waiver by City of any breach of any term, covenant or condition contained in this Lease shall not be deemed to be a waiver of such term, covenant or condition of any subsequent breach thereof, or of any other term, covenant or condition contained in this Lease. City’s subsequent acceptance of partial rent or performance by Lessee shall not be deemed to be an accord and satisfaction or a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease or of any right of City to a forfeiture of the Lease by reason of such breach, regardless of City’s knowledge of such preceding breach at the time of City’s acceptance. The failure on the part of City to require exact or full and complete compliance with any of the covenants, conditions or agreements of this Lease shall not be construed as in any manner changing or waiving the terms of this Lease or as estopping City from enforcing in full the provisions hereof. No custom or practice which may arise or grow up between the parties hereto in the course of administering this Lease shall be construed to waive, estop or in any way lessen the right of City to insist upon the full performance of, or compliance with, any term, covenant or condition hereof by Lessee, or construed to inhibit or prevent the rights of City to exercise its rights with respect to any default, dereliction or breach of this Lease by Lessee.
32.22. California Public Records Act. It is understood that the City is subject to the California Public Records Act. If a request under the California Public Records Act is made to view Lessee’s confidential information, the City shall immediately notify Lessee of the request and the latest date that a determination concerning disclosure must be provided to the requestor.
Unless the information is clearly exempt from disclosure, if Lessee fails to obtain a court order to stay or enjoin that disclosure prior to the date a determination must be provided, the City will release the requested information. To the extent allowed by law, the City shall not disclose Lessee’s financial condition or other confidential financial information. Lessee acknowledges that the City is a municipal corporation and has limited powers to withhold information from the public.
32.23. Recordation of Lease. Upon the execution of this Lease, City shall record this Lease at City’s sole cost and expense, in the form attached hereto as Exhibit D.
IN WITNESS WHEREOF, City and Lessee have duly executed this Lease as of the day and year first above written.
Lessee: JOBY AERO, INC.
By
Print Name:
Print Title:
Date:
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Lessor: CITY OF MARINA, a California charter city
By
Layne Long
City Manager
Date:
APPROVED AS TO FORM
CITY ATTORNEY
BY
Rene Alejandro Ortega
For the City Attorney
ATTEST (Resolution No. 20 - )
DEPUTY CITY CLERK
BY
Anita Shepherd-Sharp
Exhibits to Lease:
EXHIBIT “A” – DESCRIPTION AND MAP OF THE PREMISES
EXHIBIT “B” – FAA REQUIREMENTS
EXHIBIT “C” – INSURANCE REQUIREMENTS
EXHIBIT “D” – MEMORANDUM OF LEASE
2021348.2
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EXHIBIT A
DESCRIPTION AND MAP OF THE PREMISES
WITH
PHOTO & PROFILE DRAWING OF PROPOSED STRUCTURE
52 48
EXHIBIT B
FAA REQUIREMENTS FEDERAL AVIATION ADMINISTRATION REQUIREMENTS.
In the event there is any conflict between the provisions in this Clause and the other provisions in this Lease, the provisions in this Clause shall take precedence. a. Lessee for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. b. Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
c. That in the event of breach of any of the above nondiscrimination covenants, City shall have the right to terminate this Lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.
d. To the extent Lessee conducts or engages in any aeronautical activity for furnishing services to the public, Lessee shall furnish its accommodations and/or services on a fair, equal, and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers. e. Non-compliance with Provision d. above shall constitute a material breach thereof and in the event of such non-compliance City shall have the right to terminate this Lease and the estate hereby created without liability therefor, subject to the notice and cure 53 49
requirements contained in the Lease, or at the election of City or the United States either or both said Governments shall have the right to judicially enforce said Provisions. f. Lessee agrees that it shall insert the above five (5) provisions in any sublease, contract, or agreement by which said Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the Premises herein leased.
g. Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. Lessee assures that it will require that its covered sub-organizations provide assurances to Lessee that they similarly will undertake affirmative action programs and that they will require assurances from their sub- organizations, as required by 14 CFR Part 152, Subpart E, to the same effect. h. City reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of Lessee and without interference or hindrance. i. City reserves the right, but shall not be obligated to Lessee, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the Airport, together with the right to direct and control all activities of Lessee in this regard. j. This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between City and the United States, relative to the development, operation or maintenance of the Airport.
k. There is hereby reserved to City, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises herein leased. This public right of flight shall include the right to cause in said airspace any noise or impact inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Airport.
l. Lessee agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. m. Lessee, by accepting this Lease, expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the land leased hereunder, that conflicts with Part 77 of the Federal Aviation Regulations. In the event the aforesaid covenants are breached, City reserves the right to enter upon the land leased hereunder and to remove or place aeronautical markings on the offending structure or object and cut or place aeronautical markings on the offending tree, all of which shall be at the expense of Lessee, subject to the notice and cure requirements contained in the Lease.
n. Lessee, by accepting this Lease, agrees for itself, its successors and assigns that it will not make use of the Premises in any manner which might interfere with the landing and 54 50
taking off of aircraft from said Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, City reserves the right to enter upon the Premises hereby leased and cause the abatement of such interference at the expense of Lessee, subject to the notice and cure requirements contained in the Lease. o. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. 40101, et seq.
This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said Airport or the exclusive or non-exclusive use of the Airport by the United States during the time of war or national emergency. 55 51
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting Lessee’s indemnification obligations to City under this Lease, Lessee shall provide and maintain for the duration of this Lease insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the Lessee.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a. Airport Liability or Commercial General Liability, Occurrence form, Insurance Services Office Form CG0001.
b. Automobile Liability covering all owned, non owned and hired auto, Insurance Services Office Form CA0001.
c. Workers Compensation, as required by State of California and Employer’s Liability Insurance.
d. Property Insurance against all risk or special form perils, including Replacement Cost and debris removal coverage for all Improvements, without deduction for depreciation, for any buildings constructed or erected by Lessee, Lessee’s merchandise, fixtures owned by Lessee, any items identified in this Lease as improvements to the Premises constructed and owned by Lessee, and the personal property of Lessee, its agents and employees.
e. Pollution Legal Liability and Remediation. And/or Errors & Omissions applicable to underground or above ground fuel storage tanks, fueling or refueling operations with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. This policy shall include coverage for bodily injury, property damage, personal injury and environmental site restoration, including fines and penalties in accordance with applicable U.S.
Environmental Protection Agency or state regulations. This policy shall be endorsed to cover materials to be transported by the Lessee. f. Rental Income Insurance assuring City of receiving the minimum monthly rent from the time the Premises are damaged or destroyed with a minimum period of coverage for one (1) year.
2. Minimum Limits of Insurance
Lessee shall maintain limits no less than:
56 52
a. Commercial General Liability including Premises, Operations, Products and Completed Operations, Contractual Liability and Independent Contractors:
$2,000,000 per occurrence for bodily injury, personal injury and property damage.
The General Aggregate limit shall be $2,000,000 and shall be a Per Location Aggregate. Fire Damage Limit (Any One Fire) $300,000 and Medical Expense Limit (Any One Person) $5,000.
b. Automobile Liability: $1,000,000 each accident for bodily injury and property damage. Coverage will include contractual liability.
c. Employers Liability: $1,000,000 each accident for bodily injury or disease.
Coverage shall include a waiver of subrogation endorsement in favor of City d. Property: Full replacement cost with no coinsurance penalty provision.
3. Deductibles and Self-Insured Retention’s
Any liability deductible or self-insured retention must be declared to and approved by the City’s Risk Manager. The property insurance deductible shall not exceed $5,000 per occurrence and shall be borne by Lessee.
4. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions:
a. Additional Insured Endorsement. Any general liability policy provided by Lessee shall contain an additional insured endorsement applying coverage to the City of Marina, the members of the City Council and the officers, agents, employees and volunteers of the City, individually and collectively.
b. Primary Insurance Endorsement. For any claims related to this Lease, the Lessee’s insurance coverage shall be primary insurance as respects the City, the members of the City Council of the City and the officers, agents, employees and volunteers of the City, individually and collectively. Any insurance or self-insurance maintained by the City, the members of the City Council, the City’s officers, officials, employees, or volunteers shall be excess of the Lessee’s insurance and shall not contribute with it.
c. Notice of Cancellation Each required insurance policy shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City at the address shown in section of Lease entitled “Notices”.
General Provisions
5. Qualifying Insurers
57 53
All required policies of insurance shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder’s alphabetic and financial size category rating of not less than A- VII according to the current Best’s Key Rating guide, or a company of equal financial stability that is approved in writing by City’s Risk Manager.
6. Evidence of Insurance
Prior to commencement of this Lease Lessee shall furnish the City with certificates of insurance and amendatory endorsements effecting coverage required by this clause. Lessee shall furnish certified copies of the actual insurance policies specified herein, within thirty days after commencement of Lease. Thereafter, copies of renewal certificates and amendatory endorsements shall be furnished to City within thirty days of the expiration of the term of any required policy. Lessee shall permit City at all reasonable times to inspect any policies of insurance of Lessee which Lessee has not delivered to City. Policies, renewal certificates and amendatory endorsements shall be delivered to City at: City of Marina, 211 Hillcrest Avenue, Marina, CA 93933.
7. Failure to Obtain or Maintain Insurance
City’s Remedies Lessee’s failure to provide insurance specified or failure to furnish certificates of insurance, amendatory endorsements and certified copies of policies, or failure to make premium payments required by such insurance, shall constitute a material breach of the Lease, and City may, at its option, terminate the Lease for any such default by Lessee.
8. No Limitations of Obligations
The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Lessee and any approval of said insurance by the City are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Lessee pursuant to the Lease, including, but not limited to, the provisions concerning indemnification.
9. Review of Coverage
City retains the right at any time to review the coverage, form and amount of insurance required herein and may require Lessee to obtain insurance reasonably sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required.
10. Self-Insurance
Lessee may, with the prior written consent of City’s Risk Manager, fulfill some or all of the insurance requirements contained in this Lease under a plan of self-insurance. Lessee shall only be permitted to utilize such self-insurance if in the opinion of City’s Risk Manager, Lessee’s (i) net worth, and (ii) reserves for payment of claims of liability against Lessee, are sufficient to adequately compensate for the lack of other insurance coverage required by this Lease. Lessee’s 58 54
utilization of self-insurance shall not in any way limit liabilities assumed by Lessee under this Lease.
11. Sublessees’ Insurance
Lessee shall require any sublessee, and any sub-sublessee, of all or any portion of the Premises to provide the insurance coverage described herein prior to occupancy of the Premises.
12. Waiver of Subrogation
Lessee and City waive all rights to recover against each other or against any other lessee or occupant of the building, or against the officers, directors, shareholders, partners, employees, agents or invitees of each other or of any other occupant or Lessee of the building, from any Claims (as defined in the Article entitled “Indemnity”) against either of them and from any damages to the fixtures, personal property, Lessee’s improvements, and alterations of either City or Lessee in or on the Premises and the Property, to the extent that the proceeds received from any insurance carried by either City or Lessee, other than proceeds from any program of self- insurance, covers any such Claim or damage. Included in any policy or policies of insurance provided by Lessee shall be a standard waiver of rights of subrogation against City by the insurance company issuing said policy or policies.
59 55
EXHIBIT D
MEMORANDUM OF LEASE
WHEN RECORDED RETURN
TO:
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: Deputy City Clerk
APN: 031-112-001-000, a portion
SPACE ABOVE THIS LINE FOR RECORDER’S USE
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into as of , 2026, by and between CITY OF MARINA, a California municipal corporation (the “ City”), and JOBY AERO, INC., a corporation of the State of Delaware registered to do business in California (“Joby”).
WHEREAS, the City and Joby have entered into a certain Lease dated , 2026 (the “Lease”), relating to that certain real property consisting of a portion of APN 031-112-001-000 , in Monterey County, California, and as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the “Premises”), and
WHEREAS, the City and Joby wish to memorialize of record the existence of the Lease, and certain specific terms thereof.
NOW THEREFORE, in consideration of the Lease and other good and valuable consideration, the parties agree as follows:
1. The City and Joby are parties to the Lease pursuant to which the City has demised and leased the Premises to Joby, for an initial term of four (4) years, which shall commence upon the first day of the calendar month following the date of full execution of the Lease.
2. Reference is made to the Lease for a full statement of the terms and conditions of the Lease, all of which are hereby incorporated by reference.
3. Nothing in this Memorandum shall be construed to amend, modify, change, alter, amplify, interpret or supersede any of the terms and provisions of the Lease, which shall in all things control.
4. This Memorandum and the Lease shall be governed by and construed in accordance with the laws of the State of California.
60 56
IN WITNESS WHEREOF, the parties hereto have duly executed this instrument as of the day and year first written.
THE CITY:
CITY OF MARINA,
a California municipal corporation
By:
Layne Long, City Manager
Attest:
By:
Anita Shepherd-Sharp, Deputy City Clerk
Approved as to Form:
By:
Rene Alejandro Ortega, for the City
Attorney
JOBY AERO, INC:
a Delaware corporation
By:
JoeBen Bevert, Chief Executive Officer
By:
, Corporate Secretary
61 57
62 58
2050256.1
63 Agenda Item: 10L(1)
City Council Meeting of
April 21, 2026
ORDINANCE NO. 2026-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENTS TO THE MILITARY EQUIPMENT USE POLICY (POLICY 707) OF
THE MARINA POLICE DEPARTMENT AUTHORIZING THE ACQUISITION AND USE OF ADDITIONAL MILITARY EQUIPMENT FOR CALENDAR YEAR 2026 PURSUANT TO GOVERNMENT CODE SECTIONS 7070-7075; AND RENEWING CHAPTER 9.26 OF THE MARINA MUNICIPAL CODE
WHEREAS, California Government Code §§7070 -7075, enacted through Assembly Bill 481, requires that a law enforcement agency obtain approval from its governing body, by ordinance, before funding, acquiring, or using military equipment, as defined by Government Code § 7070; and
WHEREAS, on August 24, 2023, the City Council of the City of Marina adopted Policy 707 (Military Equipment) for the Marina Police Department, establishing guidelines for the approval, acquisition, reporting, and use of military equipment in accordance with Government Code §7071; and
WHEREAS, Government Code §7072 requires the Marina Police Department to submit an annual military equipment report to the City Council for each type of military equipment approved, demonstrating compliance with the military equipment use policy; and WHEREAS, the Marina Police Department has submitted to the City Council the 2025 Annual Military Equipment Report (Corrected), covering the period January 1, 2025, through December 31, 2025, demonstrating full compliance with AB 481 and Policy 707, including zero p olicy violations, zero complaints received, and all equipment accounted for and in serviceable condition; and
WHEREAS, the Marina Police Department has submitted to the City Council the 2026 Annual Military Equipment Report requesting authorization for the acquisition and use of five categories of additional military equipment: (1) five mini UAS drones; (2) one advanced large drone program; (3) one multi-40mm less-lethal launcher; (4) six rifle suppressors; and (5) four Colt M4 Carbine patrol rifles; and
WHEREAS, the proposed Military Equipment Use Policy, including the amendments authorizing the additional equipment, was posted on the City of Marina website and made available for public review at least 30 days prior to this public hearing, as required by Government Code §7071(d)(2); and
WHEREAS, an annual community engagement meeting was held in compliance with Government Code §7072 to present the annual military equipment report and receive community input; and
WHEREAS, the City Council has considered the annual military equipment report, the proposed amendments to the Military Equipment Use Policy, all public testimony, and all written communications received.
1 Ordinance No. 2026-
Page Two
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
The City Council hereby finds, based on the information presented in the 2025 Annual Military Equipment Report (Corrected), the 2026 Annual Military Equipment Report, and all testimony and evidence received, that:
(a) Each item of military equipment identified in the amended Military Equipment Use Policy (Policy 707) is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (Government Code §7071(d)(1)(A)) (b) The proposed Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (Government Code §7071(d)(1)(B)) (c) The military equipment identified for acquisition is reasonably cost effective compared to available alternatives that can achieve the same objective. (Government Code §7071(d)(1)(C))
(d) Prior military equipment use complied with the Military Equipment Use Policy, as demonstrated by the 2025 Annual Military Equipment Report showing zero policy violations, zero complaints, and full compliance with all training and deployment requirements. (Government Code §7071(d)(1)(D))
SECTION 2. APPROVAL OF AMENDED MILITARY EQUIPMENT USE POLICY.
The City Council hereby approves the amended Military Equipment Use Policy (Policy 707), attached hereto as Exhibit A and incorporated herein by reference, which includes authorization for the following additional military equipment:
(a) Five (5) Mini UAS Drones, at a combined acquisition cost of $10,000 plus tax, for modernization and redundancy of the drone fleet. (Government Code §7070(c)(1)) (b) One (1) Advanced Large Drone Program, a recurring operational program providing enhanced thermal imaging, extended flight time, and night operations capabilities, and replacing the need for helicopter deployments at $2,500 –$5,000 per hour. The specific vendor, brand, platform type, and cost are to be determined pending funding identification and vendor vetting. This authorization constitutes policy approval pursuant to Government Code §7071 to include this enhanced UAS capability within the Department’s approved equipment inventory; it does not constitute approval of a specific vendor or financial commitment. The Department shall return to City Council with a recommended vendor, detailed cost information, identified funding sources, and any required budg et actions for full Council review and approval prior to acquisition, preserving the Council’s fiscal oversight authority. (Government Code §7070(c)(1))
(c) One (1) Penn Arms 40mm Multi-Shot Less-Lethal Launcher (PGL65-40) or equivalent, at an approximate acquisition cost of $2,000, to increase less -lethal force option availability. (Government Code §7070(c)(14))
(d) Six (6) Rifle-Mounted Sound Suppressors, at an approximate acquisition cost of $6,000, serving as hearing protection devices for officers. (Government Code §7070(c)(14)) (e) Four (4) Colt M4 Carbine Patrol Rifles, at an acquisition cost of $10,000 ($2,500 per rifle), to supplement the Department's aging patrol rifle inventory. Annual maintenance cost: $520 ($130 per rifle). (Government Code §7070(c)(10)) 2 Ordinance No. 2026-
Page Three
SECTION 3. CONTINUED AUTHORIZATION.
The City Council hereby continues authorization for all existing military equipment currently in the inventory of the Marina Police Department, as detailed in Section 2 of the 2026 Annual Military Equipment Report.
SECTION 4. RENEWAL OF CHAPTER 9.26 OF THE MARINA MUNICIPAL CODE .
Chapter 9.26 added to Title 9 of the Marina Municipal Code is renewed and to read as follows on the attached hereto: Chapter: 9.26: “Military Equipment” Use Ordnance.
SECTION 5. POSTING AND PUBLICATION.
The City Clerk shall cause this Ordinance, the amended Military Equipment Use Policy, the 2025 Annual Military Equipment Report, and the 2026 Annual Military Equipment Report to be posted on the City of Marina website as required by Government Code §7071(d)(2).
SECTION 6. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect thirty (30) days after its adoption.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on the 7th day of April 2026, and was passed and adopted at a regular meeting duly held on the 21st day of April 2026, 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 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.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 4 (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.
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:
5 (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.
(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.
6 (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.
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
7 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.
(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.
8 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 military 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 a ffect 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.
9 March 24, 2026 Item No. 11a
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of April 21, 2026
THE CITY COUNCIL OPEN A PUBLIC HEARING AND CONSIDER
INTRODUCING ORDINANCE NO. 2026 -, AMENDING THE MARINA
MUNICIPAL CODE (MMC) SECTION 17.42.170 (SHORT -TERM
RENTALS). 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:
1. Open a public hearing and introducing Ordinance No. 2026-, amending the Marina Municipal Code (MMC) Section 17.42.170 Short-Term Rentals (STR); and
2. Find that adoption of an ordinance is exempt from environmental review pursuant to Section and 15061(b)(3) of the CEQA Guidelines.”
BACKGROUND
On November 5, 2019, City Council adopted Ordinance 2019 -02 amending to the Zoning Ordinance to include 17.42.170 entitled “Short -term rentals” which establishes a permitting process and appropriate standards for whole dwelling units or portions of the same for a period of 29 consecutive days or less, along with associated regulations to mitigate negative impacts.
On August 6, 2025, City Council initiated a discussion on strengthening the City’s Short -Term Rental Program to better protect neighborhood integrity. City Council directed staff to identify ordinance amendments that would improve the effectiveness of the program.
ANALYSIS
On March 17, 2026, the Marina City Council held a public hearing at which staff presented the proposed amendments and received input from the Council. The Council recommended adoption of the ordinance with the following additional modifications:
1. Requiring a 180-day rental limit for each year.
2. Prohibiting short-term rentals in recreational vehicles (RVs), tents, and other non- permanent structures.
3. Continuing to require owner occupancy for short term rental properties, consistent with the original 2019 adopted ordinance.
4. Establishing a cap of fifty (50) short-term rental permits.
5. Requiring a visible on-site placard displaying the contact information of the property manager.
6. Requiring the posting of the property address and property manager contact information on all online listings.
7. Creating an online complaint form on SeeClickFix.
8. Limiting short-term rentals to single-family residential homes.
9. Prohibiting short-term rentals on properties that have ADU or JADU. 1 FISCAL IMPACT
The City Council supported city staff contracting with Deckard Technologies to enhance STR enforcement, which will cost approximately $11,000 on an annual basis. This contract will be paid for from the Community Development Department budget.
ENVIRONMENTAL DETERMINATION
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 resul t 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.
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
Attachments:
Exhibit A: Draft Ordinance
2 Exhibit A
ORDINANCE NO.
AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE
(MMC), CHAPTER 17, ARTICLE 4, BY AMENDING SECTION 17.42.170 SHORT-TERM RENTALS. 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. On November 5, 2019, the City Council of the City of Marina (City) adopted Ordinance 2019-02 amending to the Zoning Ordinance to include 17.42.170 entitled “Short -term rentals” which establishes a permitting process and appropriate standards for whole dwelling units or portions of the same for a period of 29 consecutive days or less, along with associated regulations to mitigate negative impacts.
2. On August 6, 2025, the City Council initiated a discussion on strengthening the City’s Short-Term Rental Program to better protect neighborhood integrity and directed Community Development Dept. (CDD) to identify ordinance amendments that would improve the effectiveness of the program.
3. On October 23, 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 4, by amending Section 17.42.170 Short-term rentals.
4. On December 18, 2025, the Marina Planning Commission held a public hearing at which staff presented a study session for short-term rentals and received input from the Commission on the proposed amendments.
5. On February 12, 2026, the Planning Commission held a public hearing and recommended approval of the draft Ordinance with changes that have been incorporated below. 3 6. The proposed amendments include:
a. Clarifying acceptable forms of documentation demonstrating that a property owner resides at the property to verify “Primary Residence”;
b. Defining “Advertising” to include all forms of representation, such as signage, print media, digital communications, and mobile applications, and prohibiting the advertising of unpermitted short-term rental units;
c. Establishing parking requirements consistent with the capacity of the property; d. Clarifying permit application requirements to ensure that plot plans and floor plans are submitted in a timely manner and that permit numbers are displayed on all short -term rental listing platforms;
e. Implementing the requirements of Senate Bill SB 346 by requiring short -term rental facilitators to submit quarterly reporting information, including local license and tax certification numbers on listings, and to comply with City enforcement measures; f. Establishing enforcement provisions to hold owners, agents, property managers, and other responsible parties accountable for violations, including the issuance of daily infractions and escalating civil penalties;
g. Establishing a two -year period of ineligibility for short -term rental operations if a permit holder is found to be in violation of the ordinance; h. Establishing a 55 -foot separation requirement for new short -term rental permits, measured from parcel boundaries, with implementation for existing permit holders beginning June 30, 2027;
i. Requiring the preparation of a nuisance response plan and the installation of decibel monitoring devices to address noise and neighborhood compatibility concerns; and j. Requiring review of the short-term rental program three years after adoption, including a staff evaluation and report to the Planning Commission to assess effectiveness and consider potential amendments.
4 7. 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.
8. 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.
9. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.
10. 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.
11. 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 21st day of April 2026, and was passed and adopted at a regular meeting duly held on the 5th day of May 2026, 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 17.42.170
SHORT-TERM RENTALS
Sections:
…
17.42.170 Short-term rentals.
…
17.42.170 Short-term rentals.
A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.
B. Definitions. For the purposes of this section, the following definitions shall apply:
1. “Hosting platform” means a marketplace in whatever form or format which facilitates home - sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by evidence of a Monterey County Assessor’s Homeowners Exemption and at least two forms of identification in the owner's name: motor vehicle registration, driver's license, state and federal tax returns, a bank account statement, voter registration, or a utility bill from within the past sixty (60) days. An owner may only have one (1) primary residence at any given time. A primary residence is a “o ne-family may be a duplex or dwelling” as defined in Section 17.04.260, 17.04.265, 17.04.270, 17.04.280, or 17.04.290.
3. “Registry” or “city registry” is the list of STR permits issued in a calendar year. The city shall bear responsibility for keeping the registry up to date with current permits.
4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine consecutive days.
5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person whereby such property is under single or unified control holding fee title which rents a dwelling operated and used as an STR.
6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.
7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the city. 6 8. “Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, or any other representation implying or stating the property is available for short-term rental use.
C. Short-Term Rental Requirements and Conditions.
1. Compliance with Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR.
2. Short-Term Rental Permit Required. A permit from the city (hereinafter referred to as an “STR permit”) is required for all STRs. No person shall rent, offer to rent, or advertise for rent any STR for a term shorter than twenty-nine consecutive days. without a valid STR permit, which may be issued by the city in the manner provided for by this section.
3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land. Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the city reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights. During the application renewal submission, the owner must resubmit proof of “primary residence” as listed in section (B)(2) of this section.
4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost.
5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations.
6. Revocation of STR Permit. An STR permit may be revoked by the city due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the city. Any applicant or permit holder whose request for permit has been denied, or whose permit has been revoked, shall be ineligible for a two -year period from applying for a new permit. Such period shall run from the date of any final determination of denial or revocation. No person whose permit has been revoked shall contin ue to engage in, or carry on, the activity for which the permit was granted unless and until such permit has been reinstated or reissued.
7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.70.020.
The appeal shall be accompanied by a filing fee, if any, as established by city council resolution.
8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR.
9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.
7 Number of Bedrooms Number of Guests Allowed
0 (studio) 2
1 4
2 6
3 8
4 10
5+ 12
10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short- term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.
11. Advertising STR without STR permit. No owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise shall post, publish, circulate, broadcast or maintain any advertisement of an STR property if that property does not operate pursuant to a valid STR permit.
12. Parking. Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify what the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street), which shall not exceed the number of bedrooms included in the contract or tenancy.
13. Contact Information. The owner shall maintain a clearly visible on -site placard, accessible from the public right-of-way, displaying the name and 24 -hour contact information of the owner or designated local contact person authorized to respond to complaints. The owner shall include the property address and contact information in all advertisements and online listings for the short- term rental.
14. Specific prohibitions. The owner is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. The activities prohibited for short-term rentals are examples that include, but are not limited to, the following:
a. Senior housing units and below market rate units may not be used for short-term rental purposes. b. An owner may not have a short -term rental permit on more than one (1) parcel for short -term rental use in the City's jurisdiction. In addition, the parcel listed on the permit must be owner occupied as defined by primary residence.
c. Commercial or assembly uses, such as weddings, corporate events, and parties, are prohibited in short-term rentals.
8 d. Short-term rental to unaccompanied minors is prohibited. e. Short-term rentals are prohibited in Accessory Dwelling Units (A DUs) and Junior Accessory Dwelling Units (JADUs).
f. Parcels that have an ADU or JADU are prohibited from obtaining a short-term rental permit. g. Short-term rentals are prohibited in recreational vehicles (RVs), tents, and other non-permanent structures.
15. Density limits. Upon the effective date of the ordinance codified in this chapter, all new STR permits shall be subject to a 55 -foot zone of exclusion. The 55 -foot zone of exclusion shall be drawn from the STR parcel boundary. A property shall be ineligible to hold an STR license if any part of its parcel boundary is within the 55 -foot zone of exclusion of an existing STR. Subject to the city manager or his/her designee’s discretion, a property may be eligible for an STR permit if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the 55-foot range (i.e., a reverse ingress or egress easement creates a flag lot). Implementation of this section for existing permit holders will be deferred until Ju ne 30, 2027, and will take effect upon issuance of an STR permit during the renewal process. STR permit holders within a 55-foot zone of exclusion will not be allowed to operate a STR after June 30, 2027.
16. Permit Cap. The total number of short -term rental permits issued and active within the City shall not exceed fifty (50) at any time. No new permit shall be issued once the cap has been reached, unless an existing permit is revoked or terminated.
17. Duration. The number of nights that the property can be used for short -term rental purposes shall be limited to one hundred eighty (180) nights per calendar year. During the submission of a new application, the owner must submit a proposed rental calendar not to e xceed one hundred eighty (180) nights and upon a renewal application, the owner must submit proof they have not exceeded the one hundred eighty (180) nights.
D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request:
1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued.
2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR.
3. A valid business license issued by the city for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR.
4. An STR permit application non-refundable fee. The fee will cover the estimated costs of reviewing the application.
5. Plans, which do not need to be drawn up by a professional, but drawn to scale including the following:
9 (a) Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces.
(b) Floor plan showing all rooms with each room labeled as to room type. Floor plan modifications must be submitted within seventy-two hours of updating STR platform listings.
6. The rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following:
(a) Number of guests allowed, which shall not exceed two per legal bedroom plus two additional guests.
(b) Number of vehicles a guest is allowed to park on site and off site per Section 17.42.170(C)(12). (c) A nuisance management plan that includes maintaining a decibel reader on -site at all times to monitor noise levels.
7. Once the STR permit is issued, the STR permit number must be listed on all platform listing headlines and the platform weblinks provided to the City.
E. Hosting Platform Requirements.
1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12.
2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay. Hosting platforms that fail to comply will be subject to fines and penalties pursuant to Section 1.12.080.
3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city’s registry at the time the hosting platform receives a fee for the booking transaction.
4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (2), and (3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code.
5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the city to be in violation of, or preempted by, any such laws. (Ord. 2019-02 § 1 (Exh. A), 2019)
6. Pursuant to the City’s adoption of SB 346 (Durazo, 2025) , short-term rental facilitators shall report the physical address, including the 9-digit ZIP Code, of each short-term rental located within the City every three months . Failure to submit the required report may result in administrative fines, penalties, or an audit initiated by the City. Facilitators shall provide additional information requested by the City, as authorized by SB 346, if the City deems such information necessary to identify a specific short-term rental. Short-term rental facilitators shall include in each listing any 10 applicable local business license number and transient occupancy tax certification issued by the City.
F. Liability and Enforcement.
1. Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each violation, and for each day in which such residential property is used, or allowed to be used, in violation of this chapter.
2. Violations of this chapter may be prosecuted pursuant to Section 1.12.080 and issued a civil penalty not exceeding the amounts set forth in California Government Code Section 36900(d).
G. Review of Ordinance
1. This ordinance shall be reviewed three years after its adoption. At that time, City staff shall evaluate the implementation of the Short-Term Rental (STR) ordinance and present their findings to the Planning Commission.
11 April 13, 2026 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL CONSIDER OPENING A PUBLIC HEARING AND
ADOPTING RESOLUTION NO . 202 6-, AMENDING THE MASTER FEE
SCHEDULE
REQUEST:
It is requested that the City Council consider:
1. Opening a public hearing; and
2. Adopting Resolution No. 202 6-, amending the City’s Master Fee Schedule to reflect adjustments by the Consumer Price Index (CPI) to reflect inflation, new fees, and certain other charges.
BACKGROUND
The City provides a variety of services to the community. Some of the services provide a global benefit to the overall community, while other services provide direct benefits to individuals or specific groups. An overview is provided below:
Global Community Benefit Global and
Individual /Group Benefit Individual or Group Benefit
Police Recreation and cultural services Building permits Fire suppression Fire prevention Planning and zoning approval Park maintenance Site plan review
Street maintenance Engineering reviews
The City has the ability to recover “user” fees that provide benefits to individuals or groups; however, the fees cannot exceed the reasonable cost of providing the service. In Fiscal Year 2023 -24, the City conducted a comprehensive “user” fee study. The goal of the study was to identify the full cost of providing these services, which includes the calculation of overhead. This would assist the City in determining the appropriate cost -recovery levels and minimize the use of tax dollars to subsidize certain services. The recommended fees were adopted on July 2, 202 4, and became effective on September 1, 2024.
ANALYSIS:
Comprehensive fee studies are initiated to revisit the complete analytical fee structure, service level estimates and assumptions, and to account for any major shifts or changes within an organization.
Typically, comprehensive studies are not prepared every year. The City’s Municipal Code, Section
3.24.240 (B), indicates that the City Manager, Finance Director, and each City Department Head, shall review annually the fees and services charges and provide an adjusted fee or charge schedule to the City Council for its consideration so as the recovery costs reasonably borne for the service. The City’s goal is to conduct fee studies every five years; however, prior to last fiscal year, a process had not been established to update the fees between studies. Adjusting the fee schedule annually assist s the City in recovering costs associated with inflation or employee cost of living adjustments. It also provide s a mechanism to gradually increase fees over time, rather than incorporating a potential significant adjustment in the fifth year.
1 In Fiscal Year 2025 -26, staff introduced a method for adjusting fees between studies. This recommended approach was based on a discussion with the City’s fee study consultant , which included referencing a published industry standard, such as the Consumer Price Index (CPI). An alternate method could be to reference known employee cost of living increases, since a significant portion of the fees relate to staff time. To align future fee effective dates with the annual budget process, staff recommend ed referencing the Consumer Price Index (CPI) for San Francisco -Oakland- Hayward, California for the 12 -month period from February to February. This would provide staff with the opportunity to bring the proposed fees to Council in April, with the fees becoming effective after 60 days or at the beginning of each fiscal year. This proposed method of using the CPI index and the referenced time period are also used for Preston Park and Abrams Park to calculate rent increases, which are brought forward as part of the budget process. Subsequently, most fees for Fiscal Year 2025-26 were adopted using this method.
Staff is recommending using this method to update the fees for Fiscal Year 2026 -27. The proposed fees, along with a comparison to the existing fees are included in EXHIBIT A. Most proposed fees include a 2.5% increase, which reflects the San Francisco -Oakland-Hayward change in the CPI for the period from February 202 5 to February 202 6. Any new fees are indicated with the word “NEW” bolded and in red . While most fees have been adjusted by the CPI, some fees remained the same or changed slightly based on the Department Heads request . Other fees, which are based on building valuation, the actual cost of service, or have costs mandated by the State or other legislation are maintained at their current level.
FISCAL IMPACT:
This increase will assist in recovering costs for services that provide direct benefits to individuals and groups. The Fiscal Year 202 6-27 Adopted Budget includes estimated increases for select fee categories. Due to potential variations in the use of services, it is anticipated that the impact to the budgeted amount will be minimal.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
______________________________
Mary McGuinness
Financial Analyst
City of Marina
REVIEW/CONCUR
______________________________
Tori Hannah
Finance Director
City of Marina
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING THE FEE SCHEDULE FOR CITY SERVICES
WHEREAS, Marina Municipal Code Chapter 3.24 provides for the establishment of fees and charges for services;
WHEREAS, a notice of public hearing and a schedule of proposed changes to the City’s fees and charges for services was provided in accordance with Government Code 6062a and there were no written requests for mailed notices of meetings or the public hearing on file with the City; and
WHEREAS, appropriate data has been available to the public since April 10, 2026, indicating the costs or estimated cost required to support the fees and charges for which changes are proposed; and;
WHEREAS, the cost of services benefiting individuals or groups, and not the entire community should be borne by individuals receiving the service. Therefore, determining the cost of services ensures that fees recover only costs reasonably borne, as established by Section 8(c) of Proposition 4, now Article XIIIB of the California Constitution; and
WHEREAS, the Council has determined that the use of the CPI index to adjust certain fees represents the reasonable costs borne by the City for providing the identified services; and
WHEREAS, on April 21, 202 6, the City Council held a public hearing, for which notice was provided in accordance with Government Code Section 6062a, and took oral or written testimony from members of the public and information from staff regarding the new, increased, or confirmed service charges and fees; and
WHEREAS, the City Council desires to adopt an amended Master Fee Schedule for Fiscal Year 2026-27.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve the City of Marina Fee Schedule for City services (Exhibit A), attached hereto and incorporated herein by this reference, and direct that all new or increased fees and service charges shall take effect as of July 1, 2026, and existing fees and service charges shall remain in full force and effect until that time and are hereby restated.
PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026, by the following vote:
AYES: COUNCIL MEMBERS: McAdams, McCarthy, Biala, Visscher, Delgado NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
3 DEPT REF # CURRENT PROPOSED
Administration S-160 $1,114 $1,142
Administration S-162 $2,049 $2,100
$318 $326
Administration S-163 $1,571 $1,610
Administration S-164 $2,049 $2,100
Administration S-130 $21 $22
Administration S-129 $21 $22
$25 No Change
Administration S-155 $4,046 $4,147
$308 $316
$103 $106
Administration S-151 $13,520 $13,858
Administration S-152 $77 $79
$6,475 $6,637
$5,669 $5,811
$4,704 $4,822
Administration S-156 $2,645 $2,711
Administration S-157 $2,917 $2,990
Administration S-158 $1,479 $1,516
Administration S-159 $10,958 $11,232
Administration S-153 $426 $437
Administration S-141A $10 $10
Administration S-134 $6 $6
$0.20 $0.20
$0.10 $0.10
$2 $2
Administration S-137 $5 $5
Administration S-135 COPY - PRINTED DOCUMENTS
S-154Administration
Administration S-150 CANNABIS PERMIT APPLICATION
Administration S-161 BELOW MARKET RATE CERTIFICATION per application plus actual cost of outside consultant
per appeal
per application
per scan
per candidate
This fee is set by the State
FPPC Late Filing Fee- $10 per day for each day a statement is late up a maximum of $100
Administration S-141 CANDIDATE PROCESSING
New
Renewal
Per application - Phase 1
Per application - Phase 2
Per application - Phase 3
ANNUAL RENTAL PROPERTY MONITORING
BELOW MARKET NEW CONSTRUCTION SALES
BELOW MARKET REFINANCE TRANSACTION
BELOW MARKET RESALE TRANSACTION
BUS. LIC. OWNER NAME/ADDRESS CHANGE
BUSINESS LICENSE RENEWAL PROC.
City of Marina
Fee Schedule
City Reso. No. Effective: July 1, 2026 (2.5% Increase)
SERVICE
per property
per review
per transaction
per transaction
per account
per renewal
CANNABIS PRE-LICENSE SITE VISIT
CANNABIS REGULATORY COMPLIANCE INSP
CANNABIS REINSPECTION
CANNABIS TAX AUDIT
CANNABIS ZONING VERIFICATION LETTER
CHICKEN REGISTRATION
CANNABIS APPEAL PROCESSING
CANNABIS CONDITIONAL USE PERMIT
CANNABIS LIVESCAN PROCESSING
CANNABIS BACKGROUND REVIEW
COPY - ELECTRONIC FILE
DOCUMENT CERTIFICATION
per visit
per annual inspection
per reinspection
per audit
per letter
per application
per device
per document
per page
per page-FPPC copies
per page- Maps
1 Exhibit A
4 DEPT REF # CURRENT PROPOSEDSERVICE
$262 $269
$200 No Change
Administration S-136 $10 $10
$51 $52
$103 $106
$15 No Change
Administration S-131 $72 $74
$25 $25
$10 $10
$300 $300
$350 $350
$425 $425
$1,000 $1,000
Comm Dev S-058C $1,787 $1,832
$2,855 $2,926
$2,131 $2,184
Comm Dev S-048 $1,094 $1,121
Comm Dev S-051 APPEAL TO CITY COUNCIL per appeal
Appeal in the Coastal Zone - No Charge
Comm Dev S-050 APPEAL TO PLANNING COMMISSION per appeal Appeal in the Coastal Zone - No Charge
Department and Fee Agreement with charges at the Fully Allocated Hourly Rate for all personnel involved plus outside costs.
ANNEXATION REVIEWS-018Comm Dev
per appeal
See Details See Details
Per Month- Tie Down
Per Day- Tie Down
Per month-T-Hangar: (based on wing span) Up to 40'
Per month-Box Hangar: Up to 50'
Fuel: Charge what the market will bear
Airport Use Permits:
Administration S-128 NEW BUSINESS LICENSE PROCESSING per application- Located outside of City Limits per application- Located Within City Limits
Administration S-138 per signature
This fee is set by the State
NOTARY PUBLIC SERVICES
AIRPORT SERVICESS-127Airport
cost Conference rooms - Charge what market will bear for non-Aviation users
Other Use Permits: Varies, avgs
per user + extra expenses
One Day Use
Damage to Airport property or extra lease costs charged actual cost Administration S-132 FILM PERMIT
per permit
Plus daily rental fee for facility
Plus actual cost for day of event
Plus any business
Administration S-140 INITIATIVE PROCESSING per initiative This fee is set by the state
NSF CHECK PROCESSING
LIFE CERTIFICATION
APPEAL TO THE BOARD OF APPEALS
BUILDING ADRESS/ RE-ADRESS PROC. per building
per NSF Check
per certification
2 5
DEPT REF # CURRENT PROPOSEDSERVICE
Comm Dev S-165 BUILDING NEW ADDRESS- MINOR FEE $289 $296 per building Comm Dev S-060 See Details See Details
Comm Dev S-035 $2,306 $2,364
Comm Dev S-010 $272 $279
$103 $106
$205 $210
$514 $527
$1,027 $1,053
Comm Dev S-002 $5,494 $5,631
Comm Dev S-003 $4,247 $4,353
Comm Dev S-051J $1.25 $1.25
Comm Dev S-051I See Details See Details
Comm Dev S-026 $5,607 $5,747
Comm Dev S-024 $7,420 $7,606
$10,270 $10,527
Comm Dev S-044D $488 $500
See Details
See Details
See Details
Comm Dev S-051F EXTRA PLAN REVIEW Deposit and Fee Agreement with the charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
Comm Dev S-025 FINAL TRACT MAP deposit and fee agreement with changes at the Fully Allocated Hourly Rates for all personnel involved and any outside costs.
Deposits and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
S-011Comm Dev GENERAL PLAN AMENDMENT
FINAL MAP AMENDMENT
FINAL PARCEL MAP
See Details
See Details
Comm Dev S-017 DEVELOPMENT AGREEMENT Deposit and Fee Agreement with changes at the Full Allocated Hourly Rates for all personnel involved plus any outside costs, including City Attorney and consultants.
Comm Dev S-020 ENVIRONMENTAL IMPACT REPORT REVIEW Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
Deposit and Fee Agreement with the charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
ENVIRONMENTAL NEGATIVE DECLARATIONS-019Comm Dev
DEVELOPMENT SCANNING
DEVELOPMENT TECH SURCHARGE
per sheet/copy
4% off all Building Permit Fees
See Details
See Details See Details
See Details
See Details
Comm Dev S-053 BUILDING INSPECT/PLAN CHECK See Fee Detail in Schedule C-1 Comm Dev S-058B CASP REVIEW Deposit and Fee Agreement with changes at the Full Allocated Hourly Rates for all personnel involved plus any outside costs.
Comm Dev S-059 CODE ENFORCEMENT per violation per day - First Violation per violation per day- Second Violation within one year of the First Violation per violation per day - Each additional violation within one year of the First Violation
per violation per day - If 3 or more violations have occurred of the same type of violation
See Details
BUILDING TRAINING FEE 2% of the Building Permit Fee
See Details See Details
See Details
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT AMENDMENT
CERTIFICATE OF COMPLIANCE
COASTAL DEVELOP. PERMIT EXEMPTION
per application
per application
per application or a deposit as determined by staff
per application
per application
per map
per permit FOOD TRUCK PERMIT
3 6
DEPT REF # CURRENT PROPOSEDSERVICE
Comm Dev S-051H See Details See Details
$10 $10
$2 $2
Comm Dev S-045 $56 $57
Comm Dev S-051L $226 $232
$1,869 $1,916
Comm Dev S-031 $4,544 $4,658
Comm Dev S-031A $4,544 $4,658
Comm Dev S-044B $760 $779
Comm Dev S-016A $2,609 $2,674
Comm Dev S-051D $329 $337
Comm Dev S-051E $662 $679
$668 $685
$216 $221
Comm Dev S-051B $457 $468
Comm Dev S-166 REASONABLE ACCOMMODATIONS REQUEST- NEW $0 $221 $195 $200
$98 $100
Comm Dev S-044C $164 $168
See Details
See Details
See Details
See DetailsSee Details
See Details
See Details
See Details
S-051GComm Dev
S-051MComm Dev
per meeting or deposit as determined by staff
100% of the fee for the first meeting will be credited towards future fees for the same project within six months of the first meeting PRE-APPLICATION REVIEWS-052Comm Dev
per application
Building fees are in addition to this fee
PRE-APPROVED ADU PLANNING REVIEWS-016BComm Dev
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
OBJECTIVE STANDARDS MULTIFAMILY REV
PLANNING EXTRA MEETING
PLANNING SPECIAL MEETING
LOT LINE ADJUSTMENT
LOT MERGER
MITIGATION MONITORING
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
LOCAL COASTAL PROGRAM AMENDMENT
per application
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
MISCELLANEOUS PLANNING REVIEW
Comm Dev per request plus
per application
per bond plus cost of one hour for City Attorney
per application
This fee is to be charged in addition to the usual fees for projects in the Coastal Zone
per application
per application
per application
S-051K GIS PRINTOUT
per sheet or actual costs
MINOR TELECOMMUNICATIONS PERMIT
S-007Comm Dev
15% surcharge of all Building Division Permit FeesGENERAL PLAN MAINTENANCE
HOME OCCUPATION PERMIT
LANDSCAPE MAINT BOND PROCESSING
LOCAL COASTAL DEVELOPMENT PERMIT
S-009Comm Dev
per permit plus
per each inspection after the second inspection.
per permit
per letter plus actual cost of any time spent over 2 hours. per meeting
per meeting
per letter
PROPERTY HISTORY LETTER
RESIDENTIAL PROPERTY INSPECTS-058Comm Dev
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
REVERSION TO ACREAGES-034Comm Dev
SIDEWALK VENDOR PERMIT
4 7
DEPT REF # CURRENT PROPOSEDSERVICE
$164 $168
$118 $121
Comm Dev S-040 $2,645 $2,711
Comm Dev S-039 $3,502 $3,590
$113 $116
$380 $390
Comm Dev S-041 $1,751 $1,795
Comm Dev S-005 $7,857 $8,053
Comm Dev S-004A $1,037 $1,063
Comm Dev S-004 $632 $648
$5,000 $5,000
$20,000 $20,000
$5,000 $5,000
$20,000 $20,000
Comm Dev S-043 $51 $52
$986 $1,011
$1,376 $1,410
$2,906 $2,979
$6,865 $7,037
Comm Dev S-021 $6,362 $6,521
$12,992 $13,317
$709 $727
$781 $801
per application - Administrative
per application - Council
TENTATIVE PARCEL MAP per map
per application
per application
per application
SPECIAL PLAN AMENDMENT
SITE & ARCH DESIGN REV-MAJOR ADMIN per application
Major - Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs Minor - Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus ant outside costs.
SPECIAL PLAN REVIEW
Comm Dev S-044 TEMPORARY USE PERMIT
Major - Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs Minor - Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus ant outside costs.
New
Renewal
per application - With Sign Program
per application - Without Sign Program
SIGN PROGRAM AMENDMENT
SIGN PROGRAM REVIEW
per application-Minor
per application-Major
S-014Comm Dev
S-013Comm Dev
per application
TEMPORARY SIGN/BANNER REVIEW per application
SIGN REVIEW - ADMINISTRATIVES-042Comm Dev
Comm Dev S-023 TENTATIVE MAP AMENDMENT
TENTATIVE TRACT MAPS-022Comm Dev
per application - Administrative
per application - Planning Commission
SITE & ARCH DESIGN REV-MINOR ADMIN per application
SHORT TERM RENTAL PERMITS-051NComm Dev
SIGN REVIEW - DISCRETIONARY
SITE & ARCH DESIGN REV-DISCR
Comm Dev S-049 TIME EXTENSION REVIEW
per map - 5-20 lots
20+ lots - Deposit and fee agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs 5 8
DEPT REF # CURRENT PROPOSEDSERVICE
$575 $589
$1,541 $1,580
$3,081 $3,158
Comm Dev S-058A $683 $700
$2,609 $2,674
$5,212 $5,342
Comm Dev S-051A $216 $221
$370 $379
$288 $295
$288 $295
$231 $237
$288 $295
$288 $295
$118 $121
Fire S-108 $288 $295
Fire S-109 $200 $205
Fire S-109A $288 $295
$0 $0
$154 $158
$205 $210
$257 $263
Fire S-118 $200 $205
Fire S-108A $121 $117
Fire S-108B $0 $295
See Details See Details
each subsequent alarm within a 30 day period
1-25 Devices
FIRE BUSINESS INSPECTION - NEW per permit
1-25 Devices
Each Additional 25 Devices
Single Family/Tenant Improvement
Multi-Family/Commercial/Industrial:
FIRE ALARM INSPECTION
FIRE ALARM PLAN CHECK
Comm Dev S-016 VARIANCE APPLICATION
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
ZONING TEXT/MAP AMENDMENTS-015Comm Dev
TREE REMOVALS-046AComm Dev
deposit with charges at the Fully Allocated Hourly Rate for all personnel involved plus any outside costs. - Tier 2
deposit with charges at the Fully Allocated Hourly Rate for all personnel involved plus any outside costs. - Tier 3
per application- Tier 1
USE OF ALTERNATIVE MATERIALS REVIEW per application
per application - Minor
per application - Major
ZONING CLEARANCE LETTER per letter
S-116Fire per inspection for the second reinspection and every inspection thereafter ENGINE CO./PREV BUSINESS 2ND REINSP Each additional 25 Devices
FIRE BUILDING PLAN REVIEW per plan or deposit with actual costs determined by staff FIRE BUSINESS INSPECTION - ANNUAL per permit
Single Family/Tenant Improvement
Multi-Family/ Commercial/Industrial:
S-105AFire
S-105Fire
FIRE FLOW TEST per test
FIRE FALSE ALARM RESPONSE S-117Fire First alarm within a 30 day period - No Charge Third alarm within a 30 day period
4th and 5th alarm within a 30 day period
FIRE NON-SFR PHOTOVOLTAIC SYST. PLAN REVIEW-NEW per plan or deposit with actual costs determined by staff per planFIRE PHOTOVOLTAIC SYST. PLAN REVIEW
6 9
DEPT REF # CURRENT PROPOSEDSERVICE
$575 $589
$288 $295
$575 $589
$231 $237
$288 $295
$288 $295
$118 $121
$288 $295
$288 $295
$288 $295
$118 $121
$288 $295
$118 $121
$231 $237
$87 $89
$288 $295
$288 $295
See Details
See Details
S-106AFire
S-114Fire
FIRE SUPPRESSION SYSTEM - HOOD
FIRE SPRINKLER INSPECTION
S-106Fire
S-107Fire
S-107AFire
Remove/Abandon plus
for every tank over 1
HAZARDOUS MATERIALS ANNUAL INSPECTS-112Fire
S-115Fire
per permit
Over 1 Hour - Charge the Fully Allocated Hourly Rates for all personnel involved plus any outside costs
ONE-TIME FIRE INSPECTION/PERMIT
Deposit and Fee Agreement at the Fully Allocated Hourly Rates for all personnel involved plus any other outside costs
See DetailsPUBLIC FIREWORKS DISPLAY INSP/PRMT
per permit: for All Other Hazardous Materials Permits
for every tank over 5
Change/Install plus
for each tank over 1
Charge to Fully Allocated Hourly Rates for all personnel involved plus any outside costs
See DetailsFIRE SUPPRESSION SYSTEM - FIXED
Over 300 Heads - Charge the Fully Allocated Hourly Rates for all personnel involved plus outside costs
FIRE SPRINKLER PLAN CHECK
Each Additional 100 Heads
Plan Check
Inspection
Single Family/Tenant improvement
Multi-Family/ Commercial/Industrial:
1-100 Heads
Modular building (1 inspection)
Milit-Family/Commercial/Industrial:
1-100 Heads
Each Additional 50 Heads
Underground/Aboveground Tanks:
Operating Permit plus
Single Family/Tenant Improvement (2 inspections)
7 10
DEPT REF # CURRENT PROPOSEDSERVICE
$50 No Change
$100 No Change
$280 No Change
$140 No Change
$426 $437
$426 $437
$688 $705
Police S-080B $21 $22
Police S-089B $185 $190
$26 $27
$103 $106
$20 $21
$51 $52
$103 $106
$128 $131
$50 No Change
Police S-089A $205 $210
$493 $505
$277 $284
$139 $142
$77 $79
Police S-169 $0 $15
$103 $106
$26 $27
$10 $10
Police S-168 $0 $15 Per tag
Police S-093 $36 $37
Police S-098E $303 $311
Police S-084 $447 $458
See Details
New Permit
Renewal Permit
Amended Permit
per permit - Other (This fee is limited by the state)
per application
per application plus livescan fees- New
Spayed/Neutered
Non-Spayed/Neutered
Late Fee
per animal for first offense
per permit - Remote Caller
per case
Police S-101
S-077Police
ANIMAL RELEASE/REDEMPTION
per animal thereafter
BINGO PERMIT
S-119Fire
Non-Compliance after 4rd Inspection
Lot Cleared, plus the actual cost of cleaning
Change fully allocated Hourly Rate for any 2nd re-inspection Annual Dog License:S-100Police
STATE MANDATED INSPECTIONS-113Fire
WEED ABATEMENT
ANIMAL CONTROL SERVICE
ALARM REGISTRATION RENEWAL
AMPLIFIED SOUND PERMIT per application
per renewal
Care Facility: (These fees are set by the State)
Non-Compliance after 3rd Inspection
1-25 persons
26+ for each floor after the first floor
Other occupancies plus
for each floor after the first floor
For any inspections not identified charge the Fully Allocated Hourly Rates for any time involved
BLOCK PARTY PERMIT
Police S-076A CARDROOM ESTABLISHMENT PERMIT
per renewal plus livescan fees- Renewal
Police S-076 CARD ROOM TECHNICIAN PERMIT per permit per year plus DOJ fees-New per permit (no DOJ fees)- Renewal
FIREARM STORAGE
FINGERPRINTING
S-088Police
S-081Police
per request plus DOJ Fees
DOG REPLACEMENT TAG-NEW
per badgeCARD ROOM REPLACEMENT BADGE-NEW
Psychological testing costs are added to the above fees up to $150
CONCEALED WEAPONS PERMIT
Per Government Code Section 53155, charge the actual costs incurred up to $12,000 per response for all responding personnel
See DetailsDUI EMERGENCY ACCIDENT RESPONSE
IMPOUNDED VEHICLE RELEASE per vehicle
8 11
DEPT REF # CURRENT PROPOSEDSERVICE
Police S-104 $883 $905
Police S-083 $205 $210
Police S-080A $26 $27
Police S-085 $164 $168
$498 $510
$2 $2
$26 $27
$51 $52
$103 $106
$154 $158
Police S-080C $113 $116
Police S-098B $216 $221
Police S-095 $21 $22
Police S-098C $216 $221
$0 $0
$205 $210
$257 $263
$308 $316
Police S-096 0.20 $0.20
Police S-098 See Details See Details
$0 $0
$205 $210
Police S-092 $82 $84
Police S-167 $0 $20
Police S-091 $21 $22
Police S-098A $421 $432
Police S-098F $483 $495
Police S-086 $36 $37
Police S-087 $62 $64
Public Works S-070W $3,353 $3,437
Public Works S-071 See Details See Details
Public Works S-071A $4,375 $4,484 per application
per letter
0-50 vehicles
51-100 vehicles
100+ vehicles
Plus the actual cost for all staff the day of the event. per request
APPEAL TO PW COMMISSION per appeal
BLUEPRINT/MAP REPRODUCTION actual cost as determined by staff
BOND REDUCTION
Police
Police S-079
Per set - Garbage/Recycling Cans
VALET PARKING PERMIT per application
VEHICLE EQUIP CORRECTION INSPECT. per inspection to be charged for all inspections TOW TRUCK BUSINESS REVIEW per application
Per hour - Park Usage
POLICE REPORT COPY per page
POLICE ENTERTAINMENT PERMIT per application
First alarm within a calendar year - No Charge
Second alarm within a calendar year
3rd, 4th, and 5th alarm within a calendar year
each subsequent alarm within a calendar year
POLICE FALSE ALARM RESPONSE
PUBLIC DISTURBANCE RESPONSE
RECORDS CHECK/CLEARANCE LETTER
Street Parking Per Block:
S-089Police
Major - Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs POLICE SPECIAL SERVICES Charge the Fully Allocated Hourly Rates for all personnel involved per permit
NON-IMPOUND VEHICLE RELEASE per vehicle
per permit-minor
MISDEMEANOR BOOKING PROCESSING
NEW POLICE ALARM REGISTRATION
PARADE & ASSEMBLIES PERMIT
POLICE BACKGROUND CHECK per application plus any DOJ fees POLICE DANCE PERMIT per application
POLICE DIGITAL COPY per device
REPOSSESSED VEHICLE RELEASE-NEW per vehicle
KENNEL PERMIT per application
per booking
RV OVERNIGHT PARKING PERMIT
First Response - No Charge
Each additional response
per permit
VIN VERIFICATION
S-080
9 12
DEPT REF # CURRENT PROPOSEDSERVICE
$596 $611
$169 $173
$596 $611
$765 $784
Public Works S-070 See Details See Details
$1,135 $1,163
$169 $173
Public Works S-070J $1,099 $1,126
Public Works S-071B $3,569 $3,658
Public Works S-070Y $5,366 $5,500
per permit plus
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
See DetailsENGINEERING STUDY REVIEW
per permit
See Details
See Details
Public Works
Public Works
LIGHTING PHOTOMETRIC REVIEW per application
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
See DetailsNON-CONST ENCROACHMENT PERMIT
S-068B
S-070O
Improvement/Grading Plans - Deposit based on the valuation amounts below with charges at the fully allocated hourly rates for all personnel involved plus any outside costs:
$0-$500,000 Valuation - 2.75% of the engineer's estimate valuation $500,001-$1 million - 2.5% of the engineer's estimated valuation over $500,000
$1 million+ - 1.5% of the engineer's estimated valuation over $1 million See DetailsIMPROVEMENT/GRADING PLAN REVIEW
Charge the Fully Allocated Hourly Rates of any personnel involved plus any material or outside costs.
See DetailsDAMAGE TO CITY PROPERTY
Deposit and Fee Agreement with changes at the Fully Allocated Hourly Rates for all personnel involved and any outside costs.
S-070SPublic Works
These fees are set by the State:
The City should charge Caltrans fee.
See DetailsOVERWIDE/LONG/HEAVY LOAD PERMITS-070IPublic Works See Details
Public Works
IMPROVEMENT AGREEMENTS-070PPublic Works
Deposit of 10% of Engineer's Estimated Valuation with charges at the Fully Allocated Hourly Rates for all personnel involved and any outside costs.
See DetailsIMPROVEMENT/GRADING INSPECTIONSS-070T
S-069
See Details Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
S-070X
PRIVATE EASEMENT CREATION per application
See DetailsPUBLIC EASEMENT CREATION
See Details
See Details
See Details
See Details
EMERG BARR./WARNING DEVICE PLACEMENT Charge the actual cost of all personnel and equipment used. per permit plus
per location after 5 locations
ENCROACHMENT INSPECTION - POTHOLES
per permit - Commercial
CURB AND/OR GUTTER INSPECTION
DRIVEWAY APPROACH INSPECTION
See Details
Public Works
Public Works
Public Works
Public Works
HAUL ROUTE PERMIT
Public Works S-061
S-063Public Works
per 50 linear feet after the first 50 linear feet
per permit - Residential
S-070M PW - ADDITIONAL INSPECTION Charge the fully allocated hourly rate for all personnel used plus any outside costs.
See Details See Details
S-126
10 13
DEPT REF # CURRENT PROPOSEDSERVICE
$1,725 $1,768
$1,582 $1,622
$596 $611
$169 $173
Public Works S-62A $596 $611
Public Works S-071C $220 $226
Public Works S-070V $1,356 $1,390
Public Works S-070U $1,356 $1,390
Public Works S-070F $257 $263
Public Works S-070A $637 $653
$801 $821
$395 $405
$570 $584
$113 $116
$226 $232
$2,008 $2,058
$426 $437
$750 $769
$900 $923
Recreation S-122 See Details See Details
Recreation S-121C See Details See Details
S-070DPublic Works
TRAFFIC CONTROL PLAN/INSP-ROAD CLOSS-070EPublic Works
ADULT SPORTSS-120Recreation
TRAFFIC CONTROL PLAN/INSP-MULTI LOC
FACILITY/BALLFIELD RENTAL
NATIONAL PARK SERVICE
PW - ADDITIONAL PLAN REVIEW See Details
See Details
per day-Arterial/Collector Street
per day plus
per day
Softball:
per team: Resident
per day-Residential Street
per team: Non-Resident
See Recreation Facility Rental Fees
Fees from use of the properties
per permit plus
per 50 square feet after the first 50 square feet
Per application
STORMWATER POLLUTION PREV. PLAN REV. per application
Collect a deposit and charge the Fully Allocated Hourly Rates of any personnel involved plus any material or outside costs
See DetailsSPECIAL PARKING PLACEMENT/REMOVAL
STORMWATER MITIGATION PLAN REVIEW per plan
SHOPPING CART CONTAINMENT PLAN REVIEW
See Details
Public Works
Deposits and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
See DetailsRIGHT OF WAY DEDICATIONS-070ZPublic Works
ROADWAY CONSTRUCTION INSPECTIONS-068Public Works per permit plus Charge the fully allocated hourly rate for all personnel used plus any outside costs.
See Details
Public Works
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
See DetailsSTREET/RIGHT-OF-WAY ABANDON. REV.S-070QPublic Works TRAFFIC CONTROL PLAN/INSP - ART/COLLS-070BPublic Works per permit plus per each additional day after the first day
TEMPORARY ENCROACHMENT PERMIT per permit
TRAFFIC CONTROL PLAN/INSP - RESID. per permit
Deposit and Fee Agreement with charges at the Fully Allocated Hourly Rates for all personnel involved plus any outside costs.
See DetailsTRAFFIC CONTROL PLAN/INSP-INTERSCTS-070C
See Details
See Details
Public Works
Public Works
S-070N
S-123
S-062 per permit plus
per 250 square feet after the first 250 square feet
SIDEWALK RAMP INSPECTION per permit (maximum of two ramps per permit)
SIDEWALK INSPECTION
11 14
DEPT REF # CURRENT PROPOSEDSERVICE
$35 $36
$50 $51
$7 $7 Resident
$10 $10
$58 $59
$83 $85
$30 $31
$53 $54
$23 $24
$38 $39
$5 $5
$8 $8
$58 $59
$83 $85
$30 $31
$53 $54
$23 $24
$38 $39
$23 $24
$38 $39
$5 $5
$8 $8
S-121BRecreation
TEEN CENTERS-121ARecreation
YOUTH CENTERS-121CRecreation
SENIOR CENTER
50% off All Children in the Same Family After Child 1
Daily:
Resident
Non-Resident
Resident
Non-Resident
Non-Resident
Resident
Non-Resident
Summer/Breaks-Per Week:
Camps-Per Week:
Resident
Non-Resident
Resident
Non-Resident
50% of all children in the same family after the first child Resident
6 Months:
Non-Resident
Summer Only:
Resident
Non-Resident
Daily:
Yearly Membership:
Resident
Non-Resident
Yearly Membership:
Resident
Yearly Membership:
Non-Resident
Special Events:
Resident
Non-Resident
6 Months:
12 15
DEPT REF # CURRENT PROPOSEDSERVICE
$36 $31
$52 $62
S-121Recreation
Non-Resident
YOUTH SPORTS Resident
13 16
SCHEDULE C-1
CURRENT PROPOSED
$62 $64
BUILDING PERMITS
$0 $132
$0 See Building Plan Check Schedule Above
MISCELLANEOUS CURRENT PROPOSED
$234 $240
$234 $240
$234 $240
$283 $290
$324 $332
$195 $200
$63 $65
$63 $65
$63 $65
$148 $152
OT Hourly Rate OT Hourly Rate
Hourly Rate Hourly Rate
OT Hourly Rate OT Hourly Rate
SERVICE
Expected Plan Review in addition to regular Plan Review Fee
CITY OF MARINA
BUILDING & SAFETY FEE SCHEDULE
BUILDING PERMIT FEES
Building Permit Insurance
Building Plan Check $100,001-$500,000 Valuation
Building Plan Check $500,001-$1,000,000 Valuation
Building Plan Check Over $1,000,000 Valuation
Building Permit Under $500 Valuation
Building Permit $501-$2,000 Valuation
Building Permit $2,001-$25,000 Valuation
Building Permit $25,001-$50,000 Valuation
Building Permit $50,001-$100,000 Valuation
Building Permit $100,001-$500,000 Valuation
Building Permit $500,001-$1,000,000 Valuation
$23
$23 + $2.93 for each $100 over $500
$5,233 + $1.30 for each $1,000 over $1,000,000
$613 + $6.64 for each $1,000 over $50,000
$945 + $5.17 for each $1,000 over $100,000
$3,013 + $4.44 for each $1,000 over $500,000
BUILDING PLAN CHECK
$371 + $9.68 for each $1,000 over $25,000
$67 + $13.22 for each $1,000 over $2,000
Duplicated Certificate of Occupancy
Temporary Certificate of Occupancy
Other Inspections not specified
Additional Plan Review
Window Changeout - SFR
Duplicate Inspection Card
Demolition Permit
Exterior Siding - SFR
Building SFR Solar Plan Check-NEW
Building Non-SFR Solar Plan Check-NEW
$572 + $14.84 for each $1,000 over $25,000
$943 + $10.22 for each $1,000 over $50,000
$4,638 + $6.82 for each $1,000 over $500,000
$8,048 + $4.82 for each $1,000 over $1,000,000
$1,454 + $7.96 for each $1,000 over $100,000
Building Plan Check $50,001-$100,000 Valuation
Overtime Hourly Rate is at 120% of the Regular Hourly Rate Building Permit Over $1,000,001 Valuation
Building Plan Check Under $500 Valuation
Building Plan Check $500-$2,000 Valuation
Building Plan Check $2,001-$25,000 Valuation
Building Plan Check $25,001-$50,000 Valuation
Re-Roof:
SFR
Non-SFR
Miscellaneous Building Permit
Overtime Inspection (4 hour minimum)
$36
$36+$4.40 for each $100 over $500
$102+$20.43 for each $1,000 over $2,000
14 17
SCHEDULE C-2
SERVICE CURRENT PROPOSED
$64
ELECTRICAL PERMITS
$264
$260
$245
$363
$332
$414
$306
$5
$332
$707
$975
$504
$641
$170
add $15/kW
$504
$240
$166
PLUMBING PERMITS
$140
$140
$166
MECHANICAL PERMITS
$492
$492
$492
$625
$480
$492
$234
$162
$137
$137
$162
$480
$170
Non-SFR
Permit Insurance
Backflow Protection Device
Expansion Tank
Miscellaneous Plumbing Permit
Meter Reset
Miscellaneous Electrical Permit
SFR
Non-SFR
Non-SFR
$299
$5
$324
$690
$951
Recept, Switch, Lighting Outlet, and Lighting fixture, per fixture First 10 items
Each item over 10
Combo Permit: EV Charging Station
Combo Permit: Swimming Pool
Independent Venting System
Non-SFR
Combo Permit: in-Ground Spa
SFR
Commercial Air Handling Unit (Per Unit)
SFR up to 15kW
Combo Permit: Solar System
SFR over 15kW-NEW
CITY OF MARINA
BUILDING & SAFETY FEE SCHEDULE
MECHANICAL, ELECTRICAL AND PLUMBING PERMIT FEES
$404
$239
$354
$324
Electrical Sign
Power Apparatus
Temporary Power Pole
Services, Switchboards, Control Centers, & Panels
$62
$258
$254
Pole or Platform Mounted Fixtures (Every 5 lights)
SFR
15 18
$492
$166
$152
$152
Hourly Rate
100% of Permit Fee
120% of the Regular Hourly Rate
$480
$162
$148
$148
Hourly Rate
100% of Permit Fee
120% of the Regular Hourly Rate
Plan Check
Overtime Hourly Rate
After Hours Inspection (4 hours minimum)
Type I & II Hood served by Mechanical Exhaust
Miscellaneous Mechanical Permit
Inspections not specified
Reinspections
16 SCHEDULE C-2 (Cont)
19 CLASS I
PROPOSED
$26
$46
$46
$77
$150
$100
$77
$231
$100
CLASS II
PROPOSED
$46
$46
$46
$77
$250
$150
$118
$308
$100
$41
$77
$150
$100
$25
$75
$225
$100Electronic Scoreboard
A. Commercial Use - Groups or organizations that are, by their nature, commercial or profit oriented.
B. Non-resident - Any non-resident group or individual not meeting the requirements of another class, which wishes to use a facility for private recreational activities.
Field use $45 per hour
Field Prep $45
Lights $45 per hour
Staff
Concession Stand
FBHR per hour
$45
$45
FBHR
$75
Deposit
RECREATION FACILITY RENTAL FEES
Field Use, Athletic Events CLASS I
A. Community Youth Group - Any organization youth group which is non-profit, has a majority of members who are Marina residents age 17 years and younger, has volunteer adult leaders or chaperones, is recreational in nature, has no membership restriction other than age and gender, had a defined organizational structure, meets regularly, and is primarily interested in serving school-age youth of the community.
B. Community Adult Groups - Any organized group which is non-profit, has a majority of members who are Marina residents, is recreational in nature, had no membership restrictions other than age and gender, has a defined organizational structure and meets regularly.
C. Resident Use, Private - Any resident group or individual not meeting the requirements of another class which wishes to use a facility(s) for private recreational activities.
per hour
per season
Non-refund cancel fee
per day
Deposit
Concession Stand
per hour
per hour
Field Use
Field Prep
Lights
Staff
Restrooms
Park Rental Restroom Use $75
Restrooms $75
Deposit $250
$150 Non-refund cancel fee
$115 per day
$300
CURRENT
CURRENT
per season
Electrical Scoreboard $100 Deposit
Park Field Use $40
17 20
PROPOSED
$46
$31
$0
$77
$62
$500
$154
$308
$56
$62
$77
PROPOSED
$41
$31
$0
$46
$41
$250
$118
$154
$41
$62
$77
$195
$39
The City requires liability insurance for facility rentals, and if applicable liquor liability insurance. Individuals or groups can obtain this insurance through their insurance provider; or the City can refer them to a company that provides the required coverage. For additional information, please consult with the Recreation and Cultural Services Department.
Event Permit $60
Sanitation Fee
Kitchen Fee $55
ROCKY HAN COMMUNITY CENTER
Resident $45 per hour
Resident Nonprofit $30 per hour
City Sponsored $0
Facility Maintenance Fee $150
$300
Nonresident
Damage Deposit
CURRENT
Resident $40 per hour
Event Permit $60
Admin Rental Service Fee $75
VINCE DIMAGGIO PARK FIRESIDE ROOM
CURRENT
Resident nonprofit $30 per hour
City Sponsored $0
Nonresident $45 per hour
Nonresident Nonprofit $40 per hour
Special Event Grounds Use Only
Small Family Group (20 or less)
Facility Maintenance fee $115
Sanitation Fee $150
Kitchen Fee $40
Admin Rental Service Fee $75
$190
Damage Deposit $250
Grounds Use Only $38 per day
FACILITY RENTALS
$500
$75 per hour
Nonresident Nonprofit $60 per hour
18 21
PROPOSED
$41
$31
$0
$56
$46
$250
$118
$154
$41
$62
$77
$195
$41
PROPOSED
$300
$62
$41
$195
$41
PROPOSED
$300
$62
$41
$195
$41
Resident $40 per hour
SCOUT BUILDING AT GLORYA JEAN TATE PARK
CURRENT
Resident Nonprofit $30 per hour
City Sponsored $0
Nonresident $55 per hour
$40
Admin Rental Service Fee
Nonresident Nonprofit $45 per hour
Damage Deposit $250
Facility Maintenance Fee $115
Event Permit $60
$75
Sanitation fee $150
Kitchen Fee
Special Event Grounds Use Only $190
Small Family Group (20 or less)
Grounds Use Only $40 per day
WENDY HILL COMMUNITY PARK
CURRENT
Damage Deposit $300
Event Permit $60
Admin Rental Service Fee $40
Special Event Grounds Use Only $190
Small Family Group (20 or less)
Grounds Use Only $40 per day
Damage Deposit $300
MARINA SKATE PARK
CURRENT
Event Permit $60
Admin Rental Service Fee $40
Special Event Grounds Use Only $190
Small Family Group (20 or less)
Grounds Use Only $40 per day
19 22
PROPOSED
$46
$31
$0
$77
$62
$500
$154
$308
$56
$62
$77
MARINA YOUTH CENTER
PROPOSED
$41
$31
$0
$56
$46
$250
$118
$154
$41
$62
$77
$195
$41
Resident $45 per hour
MARINA TEEN CENTER
CURRENT
Resident Nonprofit $30 per hour
City Sponsored $0
Nonresident $75 per hour
Nonresident Nonprofit $60 per hour
Facility Maintenance Fee
Sanitation Fee $300
Damage Deposit $500
$150
Kitchen Fee $55
Event Permit $60
Admin Rental Service Fee $75
CURRENT
Resident $40 per hour
Resident Nonprofit $30 per hour
City Sponsored $0
Nonresident $55 per hour
Nonresident Nonprofit $45 per hour
Damage Deposit $250
$75
Special Event Grounds Use Only $190
Small Family Group (20 or less)
Facility Maintenance Fee $115
Sanitation Fee $150
Event Permit
Kitchen Fee $40
$60
Grounds Use Only $40 per day
Admin Rental Service Fee
20 23
PROPOSED
$8
$75
$115
$150
$2
$75
$115
$150
$77
$77
$200
PROPOSED
$461
21-40 Tables $115
41+ Tables $150
Chairs, Off-site Rental $2
Tables $8
Table Deposit:
1-20 Tables $75
EQUIPMENT RENTAL
$75
Chair Deposit:
1-20 Tables $75
21-40 Tables $115
Over 100 Attendees FBHR
41+ Tables $150
Audio System (Portable)
Audio System Deposit $200
Audio System (Civic Center) $75
CURRENT
CURRENT
ADDITIONAL FEES
Alcoholic Beverage Permit $450
21 24
April 17, 2026 Item No. 13b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL TO RECEIVE AN INFORMATIONAL UPDATE
PRESENTATION REGARDING THE DOWNTOWN COMMUNITY
WORKSHOP HELD ON MARCH 24, 2026, AND PROVIDE DIRECTION TO STAFF.
REQUEST:
It is requested that the City Council:
1. Receive an informational update and presentation regarding the Downtown Community Workshop held on March 24, 2026; and
2. Provide direction for city staff.
Update report Downtown Community Workshop
On March 24, 2026, a downtown community workshop entitled, “From Vision to Action:
Shaping Marina Together” was held . The purpose of the workshop was to gather input on the future of downtown, with a focus on the Reservation Road and Del Monte Boulevard corridors.
The workshop was designed to explore infrastructure improvements, land use, and overall community experience, and to help guide implementation of the Downtown Vitalization Specific Plan. It was discussed that Marina has many elements of a downtown, places where people gather, shop, and connect; the workshop was designed to explore how those pieces can come together into something more unified, more walkable, more vibrant, and distinctly reflective of Marina.
The workshop was facilitated by Alexis Gillam, a consultant with Tripepi Smith . Exhibit A is summary of the Downtown Community Workshop and Exhibit B is the PowerPoint presentation.
Downtown Specific Plan
Guido Persicone, Marina’s Community Development Director, provided an overview of the City’s Downtown Vitalization Specific Plan (DVSP) which was adopted in October 2024 . The plans anticipated new development that could add an additional 1,385,197 square feet of commercial space to the downtown and an additional 2,904 high density housing units. The goals of the DVSP are:
• Mobility - improved pedestrian, bikeable and vehicular circulation • Economic Vitality - attract and sustain economic activity through innovation, business, and social opportunities.
• Housing - a variety of affordable, high quality housing options for people to live downtown.
• Cultural Diversity - where people of all incomes, ages, abilities, races, and cultures feel like they belong.
• Community Identity - a place that provides opportunities for an attractively built environment.
Downtown Economic Comparative Analysis and Peer Review
Barry Foster and Sandra Meyers with HdL Companies presented findings from a real estate market analysis and site assessment of Marina and a peer review of the downtown area that identified the 1 reality of retail leakage to neighboring cities that underscored the need for a diversified retail mix to capture local spend and a recommendation to focus on horizontal mixed-use design alternatives rather than vertical density. They identified the potential opportunities for the four downtown shopping centers to have increased density, mixed use development, pedestrian improvements, public plazas, and entertainment venues.
Downtown Visioning
Geary and Michelle Coates, with Coates Consulting presented a comparative analysis of various downtown areas and opportunities and ideas that could be incorporated into downtown Marina.
Infrastructure: Reimaging the Corridor
Frederik Venter with Kimley Horn consulting reviewed the current Reservation Road & Del Monte Boulevard layouts featuring 5 -foot sidewalks and no pedestrian amenities . A drone video was shown that provided a clear vision of these corridors. A proposed mobility plan featuring complete streets designs was presented that showed the proposed traffic -calming measures, specifically detailing the road reconfiguration and the planned roundabouts stretching from Vista Del Camino to Crescent and the pr oposed roundabo ut at Del Monte and Reservation. The City Council approved plan for the Del Monte Boulevard roundabouts and medians with new trees, bike lanes, expanded hardscapes, lighting, and wider walkways was shown to help visualize the changes.
Breakout Sessions
Two breakout sessions were held with community members. The first was a downtown visioning breakout where the groups discussed how often they visited downtown Marina for shopping or eating; what amenities they would like to see added to the downtown; and their vision for downtown.
The second breakout session specifically discussed street -level design and multi -modal improvements including roundabouts and road lane reductions . It also reviewed complete street features (e.g., protected bike lanes, wider sidewalks with street trees, curb extensions, or raised crosswalks) and which of these amenities were highest priority for making the corridor safe and inviting.
Next Steps
Information from the workshop and the consultants will be provided on the City’s website including traffic modeling of proposed roundabout and streetscape design options . A community feedback form will be going out soon to get additional community feedback.
A discussion of the Del Monte and Reservation Road corridors will be scheduled in an upcoming City Council meeting that will focus on short -term pedestrian and bicyclist improvements and other enhancements to the Reservation Road corridor as well as improv ements to the Del Monte Boulevard and Reservation Road intersection.
This request is submitted for City Council consideration and comment.
Layne P. Long
City Manager
City of Marina
2032262.1
2 City of Marina
Downtown Community Workshop Summary
1 From Vision to Action: Shaping Marina Together
March 24, 2026
Purpose of Workshop
The City of Marina hosted a community workshop to gather input on the future of downtown, with a focus on the Reservation Road and Del Monte Boulevard corridors. The workshop was designed to explore infrastructure improvements, land use and overall community experience, and to help guide implementation of the Downtown Vitalization Specific Plan.
Workshop Overview
The workshop brought together 52 community members to share input through both an open house and facilitated discussion.
The workshop included:
• Open House (5:00–6:00 p.m.) featuring project displays and opportunities to engage directly with City staff and the project team
• Facilitated Workshop (6:00–8:00 p.m.) with small group breakout discussions and report-outs The workshop was supported by the City’s consultant team, including Tripepi Smith, HdL Companies, Kimley-Horn, and Coats Consulting, who provided facilitation, economic context and technical expertise to support the discussion.
Executive Summary of Workshop Outcomes
Participants expressed strong interest in creating a more walkable, welcoming and community-focused downtown supported by safer pedestrian and bicycle infrastructure, traffic calming and enhanced landscaping. There was also clear support for gathering spaces, community programming and quality local dining and retail to encourage more frequent visits.
While residents were generally open to infrastructure improvements, there was limited support for the proposed roundabouts, with many participants favoring a signalized intersection approach at Reservation Road and Del Monte Boulevard. Regardless of the specific design solution, there was strong consensus that any improvement must prioritize pedestrian and bicyclist safety. Participants also supported corridor- specific and phased approaches to traffic changes.
There was also support for horizontal mixed-use development, with a preference that any vertical mixed- use be introduced conservatively; typically limited to one story above ground-floor uses. Participants noted that shifts in development intensity could require amendments to the Downtown Specific Plan.
Participants emphasized a desire to see visible action in the near term, recognizing that larger-scale capital improvements may take time to plan and fund. As a result, there was strong interest in prioritizing near-term, lower-cost improvements that can deliver immediate impact as funding becomes available.
Overall, the community favored incremental progress that enhances vitality and safety while preserving Marina’s character.
Breakout #1: Downtown Vision Detailed Consensus
EXHIBIT A
3 City of Marina
Downtown Community Workshop Summary
2 Participants shared a strong desire for a welcoming, walkable and community-oriented downtown that supports local businesses while maintaining Marina’s character.
1. A Walkable, People-Focused Downtown
Residents emphasized the importance of creating a downtown that is safe, comfortable and easy to navigate on foot and by bike.
Key ideas included:
• Lower speed limits and narrower traffic lanes
• Tree planting and landscaping to create shade and improve aesthetics • Wider sidewalks and pedestrian-friendly gathering spaces • Better multimodal connections, including bike pathways • Reducing the dominance of large parking lots
Participants expressed interest in a town square or central gathering area that could serve as a focal point for downtown activity.
2. Community Spaces and Cultural Experiences
Many groups envisioned downtown as a place for shared experiences and civic life.
Common suggestions included:
• Spaces for community events, farmers markets and festivals • Performing arts venues or cultural spaces such as a museum or art space • Outdoor gathering areas and plazas
• Opportunities for regular programming that encourages people to visit more often There was a strong interest in creating a “cozy,” community-scaled environment that feels friendly to all ages.
3. Support for Quality Local Businesses
Residents want downtown to include more dining, shopping and activity options that encourage people to spend time there.
Themes included:
• Quality restaurants and cafés
• Small-scale retail and local businesses
• Avoiding an overly tourist-focused or overly dense development pattern • Encouraging vibrant storefronts and active ground-floor uses Participants noted that downtown should feel lively and inviting, but still reflect Marina’s identity rather than becoming overly commercialized.
4. Thoughtful Development and Character
There was general support for incremental improvement rather than large-scale transformation.
Residents mentioned:
• Moderate building heights and density
• Enhancing aesthetics through façade improvements and landscaping • Maintaining a horizontal, approachable scale
• Making targeted infrastructure and streetscape improvements
5. Preference for Horizontal Mixed-Use Development
Participants discussed how new development should be structured in downtown, particularly the balance between horizontal and vertical mixed-use.
EXHIBIT A
4 City of Marina
Downtown Community Workshop Summary
3 There was general consensus in support of horizontal mixed-use, such as integrated retail, dining and community spaces spread across blocks or sites in a way that maintains an open and approachable feel.
While some participants acknowledged that vertical mixed-use could play a role, there was strong sentiment that it should be approached conservatively. Many expressed a preference for limiting building height to one story above ground-floor commercial uses in order to:
• Maintain downtown’s human scale and character
• Avoid creating an overly dense or urbanized environment • Preserve visual openness and comfort for pedestrians
Overall, residents supported thoughtful development that activates downtown while ensuring new buildings remain context-sensitive and compatible with Marina’s identity.
Breakout #2: Infrastructure Improvements Detailed Consensus During the discussion on infrastructure improvements, participants shared a range of perspectives on traffic circulation, pedestrian safety and streetscape enhancements. While there was broad support for improving safety and walkability, opinions were more mixed on specific design solutions.
1. Mixed Opinions on Roundabouts and Lane Reductions
Participants expressed divided views on proposed roundabouts and reducing travel lanes.
Some residents supported:
• Using roundabouts in select locations rather than at every intersection • Traffic calming measures to slow vehicles and improve safety • Removing certain left- or right-turn lanes where feasible • Reducing lane widths in specific high-conflict areas
Others raised concerns about:
• Potential traffic congestion
• Driver confusion about how to navigate roundabouts
• Impacts to business access and circulation
• Overall, there was interest in phasing improvements — for example, maintaining signalized intersections in the near term while evaluating roundabouts for the future.
2. Strong Support for Pedestrian and Bicycle Safety Improvements Across groups, there was consistent agreement on the need to improve conditions for people walking and biking.
Common priorities included:
• Wider sidewalks
• Safer and more visible pedestrian crossings
• Enhanced bike safety infrastructure
• Shaded streets with additional trees
• Better connections between residential areas and downtown destinations Participants emphasized that infrastructure changes should make downtown feel more comfortable and accessible for everyday trips.
EXHIBIT A
5 City of Marina
Downtown Community Workshop Summary
4 3. Streetscape and Beautification as Key Infrastructure Elements Residents viewed landscaping and visual improvements as essential components of infrastructure investment.
Suggestions included:
• Tree planting and shade improvements
• Streetscape beautification
• Simplifying roadway design to reduce visual clutter
• Enhancing the overall look and feel of corridors
Many participants noted that aesthetic improvements could help downtown feel more inviting while also supporting economic vitality.
4. Corridor-Specific Considerations
Participants distinguished between infrastructure needs on different streets, particularly between Reservation Road and Del Monte Boulevard.
Some feedback suggested:
• Reservation Road may require more significant safety and circulation changes • Del Monte Boulevard may benefit from more modest or targeted improvements This reflects a desire for context-sensitive design rather than one uniform solution across corridors.
Conclusion
The workshop reinforced a clear direction from the community: future improvements to the Reservation Road and Del Monte Boulevard corridors should prioritize safety, walkability and overall quality of experience, while remaining consistent with Marina’s character. Participants also emphasized the importance of taking action in the near term, alongside continued planning for larger, long-term investments.
This input will help inform the City’s ongoing efforts to refine priorities, evaluate options and consider next steps in a way that reflects community values and supports a vibrant, functional downtown.
EXHIBIT A
6 From Vision to Action: Shaping
Downtown Marina Together
Reservation Road & Del Monte Blvd. Corridor(s)
Community Meeting-March 24, 2026
Why We’re Here
• To build a shared understanding of Downtown Marina’s
opportunities and challenges, specific to Reservation Road and Del Monte Corridors.
• To explore real ideas for supporting local businesses, housing, and community spaces
• To learn from other communities that have successfully revitalized their downtowns
• To help shape priorities for safer, more vibrant streets that support the future vision
How We’re Going to Do It
Understand the Big Picture
Learn about the Downtown Specific Plan as it relates to Reservation Road and Del Monte Blvd Corridors, market realities, and examples from other communities.
Talk Together About the Vision
Small-group discussions about what you want to see in Downtown Marina.
Explore Street & Infrastructure Ideas
Review proposed improvements like complete streets and roundabouts.
Prioritize What Matters Most
Share feedback and identify common themes across the room.
Discuss Next Steps
Hear how tonight’s input will help guide future decisions.
Working Together Tonight
Respect all voices
Listen actively and allow others to finish speaking.
Share the floor
Keep comments concise so everyone at your table can participate.
Focus on the future
Center ideas on solutions and opportunities for Downtown.
Address the issue — not the person
Maintain a respectful and civil tone at all times.
Stay on topic
Help your group focus on the workshop questions so we can conclude on time.
Downtown Specific Plan
Background
Guido Persicone, Community Development Director
Downtown
Area
Downtown Specific Plan Background
• A Specific Plan is a planning tool that local governments can use to implement their General Plan and to guide development in a localized area.
• General Plan Policy 5.11 Directs staff to adopt a Downtown Specific Plan
Downtown Specific Plan Goals
• Mobility - improved pedestrian and vehicular circulation • Economic Vitality - Attracts and sustains economic activity through innovation, business and social opportunities. • Housing Affordability - a variety of affordable, high quality housing options for people to live in downtown. • Cultural Diversity - a downtown where people of all incomes, ages, abilities, races and cultures feel like they belong • Community Identity - a place that provides opportunities for an attractive built environment
Project Outreach History
• 1978 - first General Plan encouraged a downtown
• 1982 - updated General Plan encouraged more commercial space in Marina • 1986 - establishing of the Redevelopment Agency with a focus on a downtown area • 1994 - Fort Ord closes. Marina loses 21% of its population, negatively impacting downtown area
• 1998 - retail leakage report prepared; found a need for a downtown and more commercial • 2001 - revitalization of the commercial core a key Council priority • 2005 - Downtown Vision and Design Guidelines adopted
• 2006 - traffic study prepared for the downtown area; discussion of reducing to two lanes • 2011 - draft downtown plan presented to the City Council • 2018-2019 - 15 Ad Hoc Meetings; 6 Planning Commission Hearings; 2 Design Review Committee meetings; 2 City Council meetings
• 2021-Present - Affordable Housing Overlay Policy Adopted; Revised Plan • October 2024 - Downtown Specific Plan adopted by City Council
Downtown Visioning
Market Realities & Peer ReviewSandra Meyer and Barry Foster - HDL Companies
HdL EconSolutions
Market and Site Assessment
•Marina overall is undergoing significant retail and economic growth •Retail leakage to neighboring cities underscore the need for a diversified retail mix to capture local spending
•Mixed-use developments that integrate retail, and entertainment components could stimulate commercial growth.
•The Downtown/Central Marina shopping area which includes four shopping centers represent opportunities for increased density, mixed use development, pedestrian improvements, public plazas and entertainment venues.
HdL Peer Review
Marina Downtown Specific Plan
•The Specific Plan provides a road map that is aspirational in its vision for the future of downtown Marina •Transformation into an urban center envisioned in the Plan seems unlikely •With some modifications and adjustments to the Plan’s land use and development regulations a more discernable, destination oriented “downtown” could transpire.
HdL Peer Review
Marina Downtown Specific Plan
The Plan envisions new development along Reservation Rd to include mixed use buildings built to the sidewalk with ground floor retail and residential above.
HdL Peer Review
Marina Downtown Specific Plan
Recommendations:
•Explore horizontal and encourage mixed-use design alternatives to facilitate redevelopment of the suburban shopping centers in the Core area.
In terms of “vitalizing” the four existing suburban styled shopping centers, an alternative land use concept to explore might be creating horizontal mixed use narrow drive aisles/interior streets that extend though the larger shopping center parcels with one to two story commercial buildings interspersed with horizontal higher density residential on each side or behind the commercial. Or the layout could have one to two story commercial buildings on one side of the drive aisle/interior street and the residential on the other side. The interior drive aisle could have sidewalks on each side, connecting to the sidewalks on Reservation Road and Del Monte Road (in the case of the Marina Square shopping center) and to the existing crosswalks. The residential could be designed with podium or underground parking to serve both the retail and residential, thus creating a more traditional downtown feel. The Specific Plan envisions the Core District to include mixed-use buildings built to the property line (Figure 4-4) with doors and windows that face wide sidewalks with shade trees and pedestrian amenities. Development standards will require new development to provide features like lighting, public art, seating, and landscaping along building frontages to enhance the streetscape and create a pedestrian oriented, urban atmosphere. The Core will feature a mix of high-density housing and neighborhood-oriented businesses in a walkable, pedestrian-scaled environment Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, and transportation demand management measures Mixed-use Node District: The Land Use Plan calls for the creation of a mixed-use node at the intersection of Reservation Road and California Avenue. HdL recommends that this District be eliminated as it seems superfluous and that those 3 parcels be rezoned to Transition with reference in the development regulations that the intersection treatment at the southwest or southeast corners contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram (see below) Development Code Modifications-HDL is recommending several development code modifications to successfully implement the DVSP .
HdL Peer Review
Marina Downtown Specific Plan
Recommendations:
•Explore horizontal and encourage mixed-use design alternatives to facilitate redevelopment of the suburban shopping centers in the Core area.
In terms of “vitalizing” the four existing suburban styled shopping centers, an alternative land use concept to explore might be creating horizontal mixed use narrow drive aisles/interior streets that extend though the larger shopping center parcels with one to two story commercial buildings interspersed with horizontal higher density residential on each side or behind the commercial. Or the layout could have one to two story commercial buildings on one side of the drive aisle/interior street and the residential on the other side. The interior drive aisle could have sidewalks on each side, connecting to the sidewalks on Reservation Road and Del Monte Road (in the case of the Marina Square shopping center) and to the existing crosswalks. The residential could be designed with podium or underground parking to serve both the retail and residential, thus creating a more traditional downtown feel. The Specific Plan envisions the Core District to include mixed-use buildings built to the property line (Figure 4-4) with doors and windows that face wide sidewalks with shade trees and pedestrian amenities. Development standards will require new development to provide features like lighting, public art, seating, and landscaping along building frontages to enhance the streetscape and create a pedestrian oriented, urban atmosphere. The Core will feature a mix of high-density housing and neighborhood-oriented businesses in a walkable, pedestrian-scaled environment Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, and transportation demand management measures Mixed-use Node District: The Land Use Plan calls for the creation of a mixed-use node at the intersection of Reservation Road and California Avenue. HdL recommends that this District be eliminated as it seems superfluous and that those 3 parcels be rezoned to Transition with reference in the development regulations that the intersection treatment at the southwest or southeast corners contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram (see below) Development Code Modifications-HDL is recommending several development code modifications to successfully implement the DVSP .
HdL Peer Review
Marina Downtown Specific Plan
Recommendations:
•Explore horizontal and encourage mixed-use design alternatives to facilitate redevelopment of the suburban shopping centers in the Core area.
In terms of “vitalizing” the four existing suburban styled shopping centers, an alternative land use concept to explore might be creating horizontal mixed use narrow drive aisles/interior streets that extend though the larger shopping center parcels with one to two story commercial buildings interspersed with horizontal higher density residential on each side or behind the commercial. Or the layout could have one to two story commercial buildings on one side of the drive aisle/interior street and the residential on the other side. The interior drive aisle could have sidewalks on each side, connecting to the sidewalks on Reservation Road and Del Monte Road (in the case of the Marina Square shopping center) and to the existing crosswalks. The residential could be designed with podium or underground parking to serve both the retail and residential, thus creating a more traditional downtown feel. The Specific Plan envisions the Core District to include mixed-use buildings built to the property line (Figure 4-4) with doors and windows that face wide sidewalks with shade trees and pedestrian amenities. Development standards will require new development to provide features like lighting, public art, seating, and landscaping along building frontages to enhance the streetscape and create a pedestrian oriented, urban atmosphere. The Core will feature a mix of high-density housing and neighborhood-oriented businesses in a walkable, pedestrian-scaled environment Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, and transportation demand management measures Mixed-use Node District: The Land Use Plan calls for the creation of a mixed-use node at the intersection of Reservation Road and California Avenue. HdL recommends that this District be eliminated as it seems superfluous and that those 3 parcels be rezoned to Transition with reference in the development regulations that the intersection treatment at the southwest or southeast corners contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram (see below) Development Code Modifications-HDL is recommending several development code modifications to successfully implement the DVSP .
HdL Peer Review
Marina Downtown Specific Plan
Recommendations:
•Explore horizontal and encourage mixed-use design alternatives to facilitate redevelopment of the suburban shopping centers in the Core area.
In terms of “vitalizing” the four existing suburban styled shopping centers, an alternative land use concept to explore might be creating horizontal mixed use narrow drive aisles/interior streets that extend though the larger shopping center parcels with one to two story commercial buildings interspersed with horizontal higher density residential on each side or behind the commercial. Or the layout could have one to two story commercial buildings on one side of the drive aisle/interior street and the residential on the other side. The interior drive aisle could have sidewalks on each side, connecting to the sidewalks on Reservation Road and Del Monte Road (in the case of the Marina Square shopping center) and to the existing crosswalks. The residential could be designed with podium or underground parking to serve both the retail and residential, thus creating a more traditional downtown feel. The Specific Plan envisions the Core District to include mixed-use buildings built to the property line (Figure 4-4) with doors and windows that face wide sidewalks with shade trees and pedestrian amenities. Development standards will require new development to provide features like lighting, public art, seating, and landscaping along building frontages to enhance the streetscape and create a pedestrian oriented, urban atmosphere. The Core will feature a mix of high-density housing and neighborhood-oriented businesses in a walkable, pedestrian-scaled environment Develop a mobility plan for the Downtown to include complete streets design, pedestrian and bicycle paths, improvements to transit, parking, and transportation demand management measures Mixed-use Node District: The Land Use Plan calls for the creation of a mixed-use node at the intersection of Reservation Road and California Avenue. HdL recommends that this District be eliminated as it seems superfluous and that those 3 parcels be rezoned to Transition with reference in the development regulations that the intersection treatment at the southwest or southeast corners contain gateway signage consistent with the Design Guidelines Gateway Signage Diagram (see below) Development Code Modifications-HDL is recommending several development code modifications to successfully implement the DVSP .
Downtown Visioning
Comparative Analysis Geary and Michelle Coats, Coats Consulting
Comparative Analysis-Downtown Areas
Morgan Hill
Breakout #1: Downtown Vision
#1 Break Out
Session
1.How often do you visit/go to the
downtown for shopping or eating?
2.When you imagine the future of
Downtown Marina, what types of
experiences would make you want to
visit more often or stay longer?
3.Do the “Real Estate Market Analysis”
and “Peer Review of the Downtown
Specific Plan” reports change your
vision for the future of downtown
development?
Infrastructure:
Reimagining the Corridor
Frederik Venter, Kimley Horn
DEL MONTE BLVD MEDIANSDOWNTOWN MARINA STREETSCAPE
EXISTING
25 Reservation
California
Del Monte
Downtown
Marina
Highway 1
Palm
Reindollar
Beach
Del Monte Blvd Future
Roundabouts at Marina
Station Development
Del Monte Blvd
Future Roundabouts
& Landscape Medians
approved by Council
Test Roundabout Feasibility
Along Reservation Rd
Existing Roundabouts
Project Study Area
Existing RoundaboutsExisting Roundabouts
Crescent
Patton Pkwy
Downtown Specific Plan – Mobility
26 Features
incorporated with
roundabout
corridor
Speed Reduction Measure
Downtown Specific Plan – Mobility
27 Roundabout Corridor
Vista Del Camino to Crescent
28 3-Lane & 4-Lane Section
CONCEPT LAYOUT FOR
ILLUSTRATIVE PURPOSES
Del Monte Layout
Proposed Roadway - Roundabouts
Reindolla
Reindollar to Palm (2NB,
Palm
1SB)
MONTEREYONTENEREQ
TRAILRAIL LINE LANDSCAPE BIKE
LANE BUFFER
TRAVEL
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Palm to Reservation (1NB,
1SB)
MONTEREY
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REC
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LANE BUFFER TRAVEL
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Made with Streetmix
Reservatio
1 Made with Streetmix
Del Monte / Reservation
Bill Ring
Corner
2-stage crossings
with median
refuge
TAMC
Rail
Monterey
Recreatio
n Trail
MST Bus
Ston
MONTE
BLVD
RESERVATION RD
RRFB signs at all
bike/ped
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Starbucks
Next Slide
2 Del Monte / Reservation
Del Monte
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DEL MONTE BLVD MEDIANSDOWNTOWN MARINA STREETSCAPE
EXISTING
DEL MONTE BLVD MEDIANSDOWNTOWN MARINA STREETSCAPE
Conceptual, artistic representation, not for construction
PROPOSED VIEW
DEL MONTE BLVD MEDIANSDOWNTOWN MARINA STREETSCAPE
Conceptual, artistic representation, not for construction
NORTHBOUND VIEW
DEL MONTE BLVD MEDIANSDOWNTOWN MARINA STREETSCAPE
Conceptual, artistic representation, not for construction
SOUTHBOUND VIEW
Breakout #2: From Vision to
Design
#2 Break Out Session
1. At the intersection of Reservation Road and Del Monte Boulevard, which design do you feel would better support your vision for Downtown Marina?
a. A roundabout
b. A traditional signalized intersection (traffic light) c. Not sure / need more information
2. Thinking about Reservation Road as a whole, how do you feel about using roundabouts instead of traffic signals along the corridor?
3. If the City could focus on just a few improvements along Reservation Road, which street features should be the highest priority to make the corridor safer and more welcoming? a. Protected bike lanes
b. Wider sidewalks and shade trees
c. Safer pedestrian crossings
d. Landscaping and beautification
e. Other ideas
What We Heard Tonight
Prioritizing What Matters Most for Reservation Road & Del Monte Blvd. Corridor
Thank You for Your Participation
Tonight’s discussion and priorities will help guide the City’s next steps in shaping the future of Downtown Marina.
April 17, 2026 Item No. 13c
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLULTION NO. 2026-,
AUTHORIZING STAFF TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
LANDSCAPE ARCHITE CTURAL DESIGN SERVICES FOR AN ASIAN
AMERICAN GARDEN AT LOCKE -PADDON PARK AND AUTHORIZE STAFF
TO SOLICIT PROPOSALS
REQUEST:
It is requested that the City Council:
1. Approve Resolution No. 2026-, authorizing staff to issue a request for proposals (RFP) for landscape architectural design services for an Asian American Garden at Locke -Paddon Park and authorize staff to solicit proposals and return to Council wi th a recommended consultant.
BACKGROUND:
The City Council has supported and approved the development of an Asian American Garden at Locke-Paddon Park. The site under consideration is located as part of Parcel 43 which is owned by the Monterey Peninsula Regional Park District. While the City has prepared a conceptual design (Exhibit A) of the Asian American Garden, the Park District has requested that the city prepared a more in-depth design of the proposed project before they can consider it for approval.
The Asian American Garden is anticipated to use about one-acre of land on Parcel 43. The garden is envisioned as a tranquil, destination-quality space inspired by traditional Japanese garden design, similar in character to the Ume Grove Japanese Garden in Shinzen Park in Fresno.
The project will include meandering pathways, scenic outlook areas, a naturalistic creek with a small waterfall meandering through the garden. It will contain a plant palette emphasizing Japanese species adapted to Marina’s coastal climate. A small tea house or pavilion may also be considered.
An Asian American Garden will be another key community park in Marina, providing open space for residents and visitors and presents an opportunity to introduce a unique garden experience that enhances the park’s identity and expands its cultural and passive recreation offerings.
The Asian American Garden concept aligns with Marina’s community interests in:
• Expanding high-quality public spaces
• Providing peaceful, contemplative environments
• Enhancing tourism and regional appeal
• Celebrating the City’s diverse cultural identity and landscape traditions
The proposed garden draws inspiration from traditional Japanese strolling gardens, particularly those featuring seasonal flowering trees, naturalistic water elements, and carefully composed views.
1 ANALYSIS:
The RFP will solicit proposals that include detailed fee estimates for design services. Staff anticipate design costs to be in a range typical for specialty landscape projects of this scale. A refined budget will be presented to Council when staff brings back the consultant for selection.
Construction cost estimates will be determined following conceptual design but may vary depending on features such as water elements and structures.
Key design elements will include:
• Scenic overlook areas and seating nodes
• Meandering walking paths designed for exploration and contemplation • A water feature including:
◦ A small waterfall
◦ A meandering creek flowing through the site
• Use of natural materials such as stone and wood
• Traditional garden elements such as bridges, lanterns, and stone groupings
The planning approach will have an emphasis on Japanese or Japanese-inspired plant species with an adaptation to Marina’s coastal conditions (wind, fog, sandy soils, salt air) and a seasonal interest through flowering trees and foliage color. This approach will make it a hybrid type garden. The project may include a small Japanese tea house or pavilion.
The selected consultant will provide landscape architectural services including:
1. Site Analysis & Concept Development
◦ Site evaluation and constraints analysis
◦ CEQA impacts
◦ Preliminary cost estimates
2. Design Development
◦ Refined site plans
◦ Grading and drainage concepts
◦ Water feature design
◦ Planting and materials concepts
3. Construction Documents
◦ Plans and specifications
◦ Irrigation and planting plans
◦ Construction details
4. Bidding & Construction Support
◦ Assistance during bidding
This project supports City goals related to:
• Enhancing public spaces and parks
• Promoting community well-being
• Increasing cultural and recreational amenities
Attached is a copy of an initial concept design for the Asian American Garden.
2 FISCAL IMPACT:
None
ENVIRONMENTAL DETERMINATION
This action (authorization to solicit proposals through an RFP) is not a project under CEQA.
Environmental review will be conducted at the appropriate stage once a project design is developed.
This request is submitted for City Council consideration.
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING
A REQUEST FOR PROPOSALS (RFP) FOR LANDSCAPE ARCHITECTURAL
DESIGN SERVICES FOR AN ASIAN AMERICAN GARDEN AT LOCKE -PADDON
PARK AND AUTHORIZE STAFF TO SOLICIT PROPOSALS
WHEREAS, the City Council of the City of Marina has previously supported and approved the concept of developing an Asian American Garden at Locke-Paddon Park as a destination-quality public open space that celebrates the City's diverse cultural identity; and
WHEREAS, the proposed garden site is located on a portion of Parcel 43 within Locke -Paddon Park, which is owned by the Monterey Peninsula Regional Park District, and the Park District has requested that the City prepare a more detailed design of the proposed project prior to consideration of its approval; and
WHEREAS, the Asian American Garden is envisioned as an approximately one -acre tranquil space inspired by traditional Japanese garden design, incorporating meandering pathways, scenic overlook areas, a naturalistic creek with a small waterfall, traditional garden elements such as bridges, lanterns, and stone groupings, and a plant palette emphasizing Japanese species adapted to Marina's coastal climate; and
WHEREAS, the Asian American Garden will serve residents and visitors as a community gathering space and cultural amenity, enhancing the City's park system and expanding its passive recreational and cultural offerings, and may also include a small Japanese tea house or pavilion; and
WHEREAS, the selected landscape architectural consultant will provide services including site analysis and concept development, design development, construction documents, and bidding and construction support, with a refined budget to be presented to the C ity Council upon return of a recommended consultant; and
WHEREAS, approval of this RFP is not a project under the California Environmental Quality Act (CEQA), and environmental review will be conducted at the appropriate stage once a project design has been developed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve the request for proposals (RFP) for landscape architectural design services for an Asian American Garden at Locke-Paddon Park; and
2. Authorize staff to solicit proposals and return to Council with a recommended consultant.
PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026, 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
5 April 15, 2026 Item No. 13d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026- ,
APPROVING AN AMENDMENT TO THE 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 AMENDMENT SUBJECT TO FINAL
REVIEW BY THE CITY ATTORNEY.
REQUEST:
It is recommended that the City Council consider adopting Resolution No. 2026 -:
1. Approving an amendment to the 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, and;
2. Authorizing the City Manager to execute the amendment subject to review by the City Attorney.
BACKGROUND:
At the May 20,2025 City Council meeting, the City Council adopted Resolution No. 2025-48 approving with conditions a Sales Tax Revenue Sharing Agreement with the Unstoppable Automotive MBMCA LLC (“Agreement”) group to assist in covering the high site development and construction costs associated with developing a Mercedes-Benz automobile dealership in Marina. On July 18, 2025, the City Council adopted Resolution No. 2025-83, approving an amendment to the Agreement, with conditions.
The Agreement provides a $5 million dollar incentive achieved by a 50% rebate from the sales tax received by the City of Marina based on a 1 percent sales tax. It is estimated that it will take approximately seven years to meet the $5 million dollar incentive cap. The Economic Development Subsidy Report prepared by Keyser Marston, Exhibit C to the approved Agreement, shows that the dealership will generate significant annual tax revenue to the City of Marina and that the cumulative tax revenues generated during the dealership’s first seven operating years to the City of Marina net of the subsidy payments to the dealership are estimated to be approximately $11.64 million dollars.
Once the incentive sharing agreement cap is reached, the City’s estimated annual direct tax revenue will be approximately $3,195,000.
ANALYSIS:
The Sales Tax Revenue Sharing Agreement requires that the developer shall commence construction of the development no later than January 1, 2026, and complete construction no later than fifteen (15) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City.
1 Due to delays in getting final approval from Mercedes-Benz USA, securing financing, impacts from tariffs and other economic changes and delays in getting final architectural designs completed, the dealership could not begin construction by January 1, 2026. The dealership is requesting a minor amendment to the Section 3.2 of the Agreement to amend the construction start date and completion.
That provision will be amended to state: “Developer shall commence construction of the Development no later than September 10, 2026, and complete construction no later than eighteen (18) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City.” There are no other changes to the Agreement, nor the amount of the subsidy.
The developers’ site plan and design review permit will be going before the Planning Commission on April 23, 2026, and as requested by the City Council final approval will come to the City Council which we expect will be at the May 5th or May 19th City Council meeting.
FISCAL IMPACT
There is no change in subsidy from the approved Sales Tax Revenue Sharing Agreement. First year direct new tax revenue is estimated to be $882,000. Cumulative tax revenue to the City over seven years, is estimated to be $11,635,000.
CONCLUSION:
This request is submitted for City Council consideration and approval.
Respectfully submitted,
____________________________
Layne Long
City Manager
City of Marina
Attachments:
Exhibit A – Amended Sales Tax Revenue Sharing Agreement
2 RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AN
AMENDMENT TO THE 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 AMENDMENT SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY.
WHEREAS, on May 20, 2025, the City Council approved a Sales Tax Revenue Sharing Agreement between the City of Marina and Unstoppable Automotive MBMCA LLC including an Economic Development Subsidy Report pursuant to Government Code Section 53803 (AB 562 Report); and,
WHEREAS, on July 18, 2025, the City Council approved an amendment to the Sales Tax Revenue Sharing Agreement allowing the dealership signage to be changed from “Mercedes-Benz of Marina” to “Mercedes-Benz of Monterey; and,
WHEREAS, there is no change in subsidy amount to the approved Sales Tax Revenue Sharing Agreement; and
WHEREAS, the amendment changes the commencement of construction date from January 1, 2026, to September 10, 2026, and changes the completion of construction from no later than fifteen (15) months after commencement of construction to no later than eighteen (18) months after commencement of construction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina do hereby:
1. Adopting Resolution No. 2026- approving an amendment to the construction timelines in the approved 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
2. Authorizing the City Manager to execute the amendment subject to review by the City Attorney.
PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Bruce C. Delgado, Mayor
ATTEST:
___________________________
Anita Sharp, Deputy City Clerk
3 1
661\05\3982867.7
SALES TAX REVENUE SHARING AGREEMENT
This Sales Tax Revenue Sharing Agreement (this “ Agreement”) is entered into on __________, 20 25 by and between the City of Marina, a California municipal corporation ( the “City”), and Unstoppable Automotive MBMCA LLC, a California limited liability company (“Developer”). The City and Developer are collectively referred to herein as the “ Parties” and individually as a Party.
RECITALS
A. The City and Marina Community Partners (“ MCP”) entered into that certain Development Agreement dated July 8, 2005 and recorded in the Official Records of Monterey County as Document No. 2005080655 on August 5, 2005 , as modified by that Administrative Modification to Development Agreement dated May 28, 2010 and that Second Administrative Modification to Development Agreement dated March 29, 2013 (collectively, the "Development Agreement") with regards to that certain development commonly referred to as the Dunes on Monterey Bay. The Dunes development is a mixed -use development including retail, office, hotel and residential uses.
B. MCP entered into a Disposition and Development Agreement with the former Redevelopment Agency of the City of Marina dated as of May 31, 2005 as modified by that certain Implementation Agreement Regarding University Village dated September 6, 2006 and that certain Second Implementation Agreement dated August 5, 2008, that certain Operating Agreement Clarifying and Modifying Certain Project Approvals for the Specific Plan for the Dunes on Monterey Bay dated December 17, 2019, that certain University Villages Settlement Agreement between MCP, the City of Marina and Save Our Peninsula Committee and that certain Order of The Court of Appeal dismissing appeal filed September 20, 2006 and that certain Stipulation Between Plaintiffs Monterey/Santa Cruz County Building And Construction Trades Council; International Brotherhood of Electrical Workers, Local 234; Mechanical Contractors Council of Central California and Ranae and William Gary Martin and Defendants Marina Community Partners, LLC ; Shea Properties LLC; W.L. Butler Construction, Inc.; City of Marina Redevelopment Agency and Board of the City of Marina Redevelopment Agency; Cypress Marina Heights LP and East Garrison Partners I LLC and Order of Approval filed October 9, 2008 (collectively, the “DDA”) setting forth rights, terms, conditions and requirements for the acquisition and development of certain real property described therein (the “Site”) and referred to originally as University Villages and currently referred to as the Dunes. The City has succeeded to the former Redevelopment Agency’s rights and obligations under the DDA.
C. Developer is proposing to acquire certain property consisting of a portion of the Site and more particularly described in Exhibit A attached hereto (“ Property”) upon which Developer proposes to develop and operate an approximately 60,000 square foot automobile dealership for the sale and service of Mercedes Benz automobiles and Sprinter Vans and AMG service department (“Development”). Developer, as a condition of acquiring the automobile dealership to be located in the Development is required by the car ma nufacturer to develop the Development consistent with the manufacturer’s standards resulting in development costs that exceed the amount Developer can reasonably be expected to recover from operation of the Development.
EXHIBIT A
4 2
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D. The City has determined that the Development is an important catalyst for the continued development of the Dunes Project and that development of the Development will provide substantial direct and indirect benefits to the City and economic opportunities, including sales tax revenues, increased property tax revenues and increased jobs in the region , will enhance the City’s position as a regional retail and commercial destination and serve as a catalyst for additional retail and commercial development.
E. The City has determined that the development and operation of the Development in accordance with this Agreement is in the best interest of the City and will provide significant benefits to the City and the community and therefore is willing to enter into this Agreement to provide financial assistance to the Developer in accordance with the terms and conditions set forth below and in exchange for the Developer’s agreement to develop and operate the Development.
F. The City has determined that an economic development subsidy to the Developer as set forth in this Agreement is appropriate because of the costs associated with the construction of the Development, the sales tax and property tax benefits to the City, and the increased employment expecte d from the Development all as more specifically described in the Economic Impact Analysis attached as Exhibit C and incorporated herein.
G. City is a Charter City. The subject matter of this Agreement is a municipal affair and, therefore, except for those provisions of state law expressly adopted by City, the provisions of state law applicable to general law cities do not apply to this Agreement.
H. City Council of the City approved this Agreement on May 20, 2025 pursuant to Resolution No. 2025-48, as amended by Resolution No. 2025 -83 adopted on adopted on July 18, 2025 attached as Exhibit D and incorporated herein (collectively “City Resolutions”).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
ARTICLE 1.
DEFINITIONS
Section 1.1 Definitions. In addition to the terms defined elsewhere in this Agreement, the following capitalized words shall have the following meanings:
(a) "Agreement" means this Sales Tax Revenue Sharing Agreement. (b) “City” is defined in the preamble.
(c) “Conditions Precedent” means all of the following: (i) the Developer has completed the Development within the time set forth in Section 3.2 below; (ii) the Developer has submitted a cost certification pursuant to Section 3.3 below to the City that the Development Costs are not less than Forty Million Dollars ($40,000,000); and (iii) no Developer Event of Default shall have occurred.
EXHIBIT A
5 3
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(d) “Developer” is defined in the preamble.
(e) “Developer Event of Default” is defined in Section 4.3. (f) “Developer Sales Tax Share” means fifty percent ( 50%) of the Sales Tax generated by the Development during the Term of this Agreement. (g) “Effective Date” is defined in Section 2.1.
(h) “Fiscal Year” means the fiscal year of City beginning on July 1 and ending on June 30 of each year.
(i) “Fiscal Year Quarter” means each three month period of a Fiscal Year commencing with July 1 of each Fiscal Year.
(j) “Force Majeure Event” is defined in Section 3.8.
(k) “Indemnitees” means City and its councilmembers, officers, officials, employees, volunteers, representatives, attorneys, and consultants. (l) “Opening” means the date that the Development opens for business for sales and services to Developer’s customers during normal business hours. (m) “Party” means either the City or Developer.
(n) “Parties” means collectively the City and Developer. (o) “Sales Tax Law” means the Bradley-Burns Uniform Local Sales and Use Tax Law (California Revenue and Taxation Code section 7200, et seq.). If the Bradley -Burns Uniform Local Sales and Use Tax Law is further amended, terminated or rescinded, and Sales Taxes are calculated in an alternate manner or are replaced by an alternate revenue stream (i) arising from the retail sale, use or other consumption of tangible personal property from or on the Property, or (ii) designated as being a replacement for Sales Tax es previously generated by the retail sale, use or other consumption of tangible personal property on or from the Property, then “Sales Taxes” shall also mean those revenues attributable to sales, services or consumption of tangible personal property on or from the Property, collected for City in the alternate manner of calculation, so long as City receives its portion of such revenues and has the legal right under California and/or federal Law to retain and control the disposition of all of its portion thereof. (p) “Sales Taxes ” means for each Fiscal Year Quarter during the Term, that portion of taxes actually received by City from the imposition of Sales Tax Law attributable to the sales, services or business activities of Developer at the Development to the extent allocated and paid by the State Board of Equalization to City for its use, in a particular Fiscal Year Quarter. The defined term “Sales Taxes” shall not include any of the following: (i) any sales tax levied by, collected for or allocated to the State of California, the County, or any district or entity (including an allocation to a statewide or Countywide pool) other than City; (ii) any administrative fee charged by the State Board of Equalization or the County; (iii) any sales tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable Law; (iv) any sales tax (or other funds measured as sales tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into City’s general fund; (v) the district sales tax imposed by the City of Marina currently set at 1.5%; (vi) any other sales tax that is imposed
EXHIBIT A
6 4
661\05\3982867.7
within the boundaries of City and which is intended to fund a specific activity or project, rather than to be used by City as general fund revenues, or which has specific voter approved limitations on its uses. No Sales Taxes shall be considered to have been received by City until City is able to confirm the amount of City’s actual receipt thereof from the State Board of Equalization. (q) “Term” is defined in Section 2.2.
ARTICLE 2.
EFFECTIVE DATE AND TERM
Section 2.1 Effective Date. This Agreement shall take effect the date this Agreement is signed by both Parties (the “Effective Date”).
Section 2.2 Term. The term of this Agreement begins on the Effective Date and ends on the later of (i) the October 1st immediately following the fifth (5th) anniversary of the Opening of the Development, subject to a year-for-year tolling in the event of a Force Majeure Event, or (ii) the date on which the Developer shall have received $5,000,000 in City Payments under this Agreement, unless terminated pursuant to the express provisions of this Agreement (the “Term”).
ARTICLE 3.
DEVELOPER REIMBURSEMENT
Section 3.1 Payment of Development Costs . Developer shall be responsible for the payment of all costs associated with the Development, including, but not limited to costs of construction, permit and impact fees, costs of any off -site improvements required as a condition of approval of the Development and any other costs.
Section 3.2 Development. Developer shall commence construction of the Development no later than September 1, 2026, and complete construction no later than eighteen (18) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City . The time frames for commencement and completion are subject to extension pursuant to Section 3.8. The Development shall be constructed consistent with the concept design plan submitted by the Developer to the City and attached hereto as Exhibit B and any City approvals including, but not limited to the City Resolutions.
Section 3.3 Development Costs. The City payments provided herein are being provided because the costs of the Development exceed the amounts that the Developer can reasonably expect to recover from the operation of the Development. In order to verify the costs of the Development, the Developer shall provide the City within thirty (30) days of completion of construction of the Development a cost certification showing all costs associated with the acquisition, entitlement, construction and marketing of the Development, together with fixtures, furnishings and equipment, including, but not limited to all land costs, design and engineering costs, hard and soft costs, permit and impact fees and all other costs to complete the Development and open for business (collectively, “Development Costs”). Upon receipt of the Developer’s cost certification, the City may request additional information and supporting documentation including but not limited to construction contracts, contractor payment applications, invoices and other evidence of payments. Submission of a cost certification along with such evidence as the City may require to verify costs documenting that at least Forty Million Dollars ($40,000,000) was spent on the Development Costs is a Condition Precedent to the City payments set forth in Section 3.6.
EXHIBIT A
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Section 3.4 Developer Annual Report. No later than sixty (60) days following the end of each Fiscal Year, commencing upon the end of the first Fiscal Year after the Opening the Developer shall provide the City with a report on the performance of the Development, including, but not limited to, annual gross sales, total number of employees as well as the total full time equivalent employees with a breakdown of the job types and the number of employees that are Marina resi dents. The City may from time to time request additional information to be included in the annual reports. The City shall have the right by written notice to the Developer to review Developer’s books and records to confirm information provided in the annual report.
Section 3.5 City Business License. Developer shall maintain a City Business License at all times that the Development is open for business.
Section 3.6 City Payments.
(a) Subject to satisfaction of all Conditions Precedent, commencing on the date that is ninety (90) days following the end of the first full Fiscal Year Quarter after the Development Opening occurs and ninety (90) days following the end of each Fiscal Year Quarter thereafter throughout the Term, the City shall pay to Developer the Developer Sales Tax Share of the Sales Tax based on the Sales Tax actually received by the City during the immediately previous Fiscal Year Quarter, along with a certification by the City’s Finance Director specifying the total amount of Sales Tax received from the operation of the Development during the previous Fiscal Year Quarter (“City Payment(s)”).
Nothing contained in this Agreement shall obligate or otherwise commit the City to pay any amount to Developer unless and until the City receives the Sales Tax es attributable to sales, services or business activities of Developer at the Development.
(b) Developer shall, at the request of the City, provide the City with its Sales Tax reporting forms submitted to the State Board of Equalization to verify the Sales Tax reported to the Board of Equalization. Developer shall designate the Property as the point of sale for sales tax purposes for all goods and services sold or leased on the Property, whose sales or leases origina te from the Property.
(c) Following receipt of the City’s certification of the Sales Tax for the prior Fiscal Year Quarter, Developer shall review the amount of Sales Tax determined by the City’s Finance Director and shall either approve or disapprove the amount within thirty (30) days of receipt. Failure to notify the City of Developer’s disapproval within thirty (30) days of receipt shall be deemed Developer’s approval of the City Finance Director’s calculations. Any disapproval shall state in writing the reasons for disapprov al and the requested changes and shall provide any additional information or documentation available to Developer to support Developer’s determination of the Sales Tax. The City, upon receipt of a disapproval by Developer and the additional information, shall review all information provided by Developer and either re-determine the Sales Tax for the previous Fiscal Year Quarter or provide Developer with a statement of disagreement with regards to the Sales Tax received by the City. In the event the City an d Developer cannot agree on any item of the certification, the City and Developer shall submit the item mediation pursuant to Section 4.5 below.
Section 3.7 Failure to Operate. If the Development ceases to operate for a period of sixty (60) consecutive days absent a Force Majeure E vent, the City shall have the right to terminate this Agreement, and the City shall have no obligation to make any further payments to Developer. Any expansion, renovation, repair or restoration of damage by Developer shall not be deemed a discontinuance of operations under this Section.
EXHIBIT A
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Section 3.8 Force Majeure . In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; riots; pandemics, floods; earthquakes; fires; or casualties (a “Force Majeure Event”). An extension of time for Force Majeure Event shall only be for the period of the enforced delay, which period shall commence to run from the time of the notification of the delay by the Party requesting the extension to the ot her Party. The Party requesting an extension of time under this Section 3.8 shall give notice promptly following knowledge of the delay to the other Party. If, however, notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after knowledge of the commencement of the delay, the period shall commence to run upon the earliest of (i) thirty (30) days prior to the giving of such notice ; (ii) the date that the other Party received knowledge of the events giving rise to the delay or (iii) if the Force Majeure Event is one that results in the temporary closure of the Developer Store, the date of such closure.
Section 3.9 Limited City Obligation. The obligations arising from this Agreement are not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its monies, income, receipts, or revenues, except the revenues from the Sales Tax as provided herein . Neither the general nor any other fund of the City shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement. Nothing herein shall provide Developer any right to compel the forfeiture of any of the City's property to satisfy any obligations arising from this Agreement. The obligations created by this Agreement do not create an immediate indebtedness of the City, but rather create a liability only when a payment becomes due hereunder.
ARTICLE 4.
DEFAULT AND REMEDIES
Section 4.1 Application of Remedies . The provisions of this Article shall govern the Parties' remedies for breach of this Agreement.
Section 4.2 Fault of City.
(a) Event of Default . Following notice and opportunity to cure as set forth in subsection (b) below, each of the following events constitutes a "City Event of Default" and a basis for Developer to take action against the City:
(i) The City fails to make any payment to Developer when required under this Agreement.
(ii) The City breaches any other material provision of this Agreement. (b) Notice and Cure Procedure . Upon the occurrence of any of the above - described events, Developer shall first notify the City in writing of its purported breach or failure, giving the City thirty (30) days from receipt of such notice to cure such breach or failure. In the event the City does not then cure the default within such thirty (30) -day period (or, if the default is not reasonably susceptible of cure within such thirty (30)-day period, the City fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion), then Developer shall be entitled to pursue any or both of the following remedies: (1) terminating this Agreement by written notice to the City; and (2) exercising its remedies as provided in Section 4.4. If Developer elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect.
EXHIBIT A
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661\05\3982867.7
Section 4.3 Fault of Developer.
(a) Event of Default . Following notice and opportunity to cure as set forth in subsection (b) below, each of the following events constitutes a "Developer Event of Default" and a basis for the City to take action against Developer:
(i) Developer fails to construct the Development or fails to Open the Development.
(ii) Developer fails to maintain a valid City Business License or fails to comply with any other material City laws or regulations. (iii) Developer: (1) files for bankruptcy, dissolutio n, or reorganization, or fails to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or ninety (90) days after the filing; (2) makes a general assignment for the benefit of creditors; (3) applies for the appointment of a receiver, trustee, custodian, or liquidator, or fails to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or ninety (90) days after the filing; (4) becomes insolvent; or (5) fails, is unable or admits in writing to its inability to pay its debts as they become due. (iv) Developer breaches any other material provision of this Agreement. (b) Notice and Cure Procedure. Upon the happening of any of the above-described events the City shall first notify Developer in writing of its purported breach or failure, giving Developer thirty (30) days from receipt of such notice to cure such breach or failure. If Developer does not cure the default within such thirty (30) -day period (or if the default is not reasonably susceptible of being cured within such thirty (30)-day period, Developer fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion), then the City shall be entitled to pursue any or both of the following remedies: (1) terminating this Agreement by written notice to Developer; (2) exercising its remedies pursuant to Section 4.4. If the City elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect.