Agenda No. 8 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Audrey Cray, Finance & Risk Manager
MEETING DATE: February 15, 2023
SUBJECT: Check Register Report - January 2023
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
The check register is a detailed account of monthly expenditures. It provides budgetary insight and promotes transparency. It is an excellent counterpart to the City's monthly Core Revenue Report; and is a practice followed by many other local jurisdictions.
The check register is produced from the City’s financial system. The report groups the checks by the respective city fund and vendor. The check register includes the check number, the check issue date, the name of the vendor, and a description of the purchase and the amount of the check.
Attached is the check register report for January 2023.
The monthly total is provided on the last page of the report.
OPTIONS
N/A - This is an informational report only.
FINANCIAL IMPACT:
There is no fiscal impact. This is informational only.
GOAL ALIGNMENT: Not Applicable.
Attachments
Check Register - January 2023
PGCC 2-15-23
SUPERION PAGE NUMBER: 1
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104800 01/06/23 5621 ACCENT CLEAN & SWEE 504 5201 FY22/23 STREET SWEE 0.00 17,100.00101 104801 01/06/23 7555 ADT SECURITY SERVIC 503 5223 SECURITY 0.00 1.00101 104802 01/06/23 8330 AMAZON CAPITAL SERV 501 5301 PAPER 0.00 56.78101 104803 01/06/23 8818 AMAZON.COM 401 5303 ZIPBOOKS 0.00 59.51101 104804 01/06/23 9828 ANGELA CHAVEZ 01 214 DEPOSIT REFUND 0.00 196.00101 104805 01/06/23 9430 ARAMARK UNIFORM & C 301 5201 DEPARTMENT LINEN AN 0.00 114.85101 104805 01/06/23 9430 ARAMARK UNIFORM & C 301 5201 DEPARTMENT LINEN AN 0.00 114.85101 104805 01/06/23 9430 ARAMARK UNIFORM & C 301 5201 DEPARTMENT LINEN AN 0.00 114.85TOTAL CHECK 0.00 344.55101 104807 01/06/23 9805 AT&T 133 5206 LH INTERNET 3200212 0.00 100.23101 104808 01/06/23 5363 AT&T CALNET 3 133 5212 ADMIN 10/28−11/27/2 0.00 23.65101 104808 01/06/23 5363 AT&T CALNET 3 133 5206 LIB INTRNT 11/7−12/ 0.00 186.20TOTAL CHECK 0.00 209.85101 104809 01/06/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 13.83101 104809 01/06/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 85.71101 104809 01/06/23 213 BAKER & TAYLOR COMP 401 5301 BOOKS & MATERIALS 0.00 191.12101 104809 01/06/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 1,342.52TOTAL CHECK 0.00 1,633.18101 104810 01/06/23 6329 BURKE, WILLIAMS & S 111 5203 CITY ATTORNEY SERVI 0.00 23,842.50101 104811 01/06/23 5303 VERIZON BUSINESS 301 5206 VERIZON PORT ACCESS 0.00 583.66101 104812 01/06/23 4061 GREG PATTERSON 503 5223 PW YARD GATE 0.00 361.97101 104813 01/06/23 5378 CA BUILDING STANDAR 01 231 CBSC OCT−DEC 2022 0.00 405.00101 104814 01/06/23 395 CA DEPT OF CONSERVA 01 219 SMIP OCT−DEC 2022 0.00 1,058.28101 104815 01/06/23 424 CA MOBILITY & PARKI 301 5261 CMPA MEMBERSHIP 0.00 250.00101 104816 01/06/23 522 CDW GOVERNMENT INC 133 5229 VMWARE CARBON BLACK 0.00 2,299.00101 104818 01/06/23 5171 COMCAST 133 5206 PW INTRNT 11/28−12/ 0.00 110.98101 104818 01/06/23 5171 COMCAST 133 5206 TV SERV 12/15−01/14 0.00 18.80101 104818 01/06/23 5171 COMCAST 133 5206 CH INTRNT 12/11−01/ 0.00 163.23TOTAL CHECK 0.00 293.01101 104819 01/06/23 622 CHOMP 301 5291 DRAWS 11/01−11/30 0.00 27.00101 104820 01/06/23 8332 COMMUNITY HOSPITAL 121 5201 HEALTH FAIR/EE WELL 0.00 200.00101 104823 01/06/23 9688 DEENA HAKIM 130 5601 FACADE IMPV PROGRAM 0.00 3,024.50 PGCC 2-15-23
SUPERION PAGE NUMBER: 2
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104825 01/06/23 7424 EDGES ELECTRICAL GR 351 5223 ELECTRICAL WORK 0.00 62.88101 104826 01/06/23 4173 FASTENAL 503 5309 RAIN GEAR 0.00 327.70101 104827 01/06/23 952 FEDERAL EXPRESS COR 121 5211 POSTAGE 0.00 33.44101 104828 01/06/23 592 FOREST HILL ACE HAR 503 5223 HEATER 0.00 60.08101 104829 01/06/23 1044 GALLS PARENT HOLDIN 301 5291 BATON RINGS CREDIT 0.00 −274.89101 104829 01/06/23 1044 GALLS PARENT HOLDIN 301 5291 BATON RING 0.00 301.32TOTAL CHECK 0.00 26.43101 104830 01/06/23 7884 GARDAWORLD 131 5202 JANUARY 2023 0.00 85.01101 104831 01/06/23 1105 GRANITE ROCK COMPAN 505 5309 STREET SUPPLIES 0.00 1,717.90101 104832 01/06/23 3378 DON CHAPIN CO., INC 513 5351 TREE WELLS 0.00 4,080.00101 104833 01/06/23 1138 GROVE MARKET 421 5361 PROGRAM SUPPLIES 0.00 4.91101 104833 01/06/23 1138 GROVE MARKET 421 5361 PROGRAM SUPPLIES 0.00 16.26101 104833 01/06/23 1138 GROVE MARKET 421 5361 PROGRAM SUPPLIES 0.00 25.19TOTAL CHECK 0.00 46.36101 104834 01/06/23 9829 GUILLERMO MAZA 01 214 DEPOSIT REFUND 0.00 196.00101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5223 B&G SUPPLIES 0.00 520.54101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5227 B&G VEH SUPPLIES 0.00 29.44101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5223 B&G SUPPLIES 0.00 9.80101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5227 B&G VEH SUPPLIES 0.00 73.49101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5227 B&G VEH SUPPLIES 0.00 82.44101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5223 B&G SUPPLIES 0.00 38.21101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5223 B&G SUPPLIES 0.00 196.44101 104835 01/06/23 1199 HAYWARD LUMBER COMP 503 5223 B&G SUPPLIES 0.00 208.20TOTAL CHECK 0.00 1,158.56101 104836 01/06/23 8975 HEIHACHIRO TAKARABE 421 5208 TAI CHI 12/7−12/28/ 0.00 140.00101 104837 01/06/23 7433 IPS GROUP, INC 301 5224 IPS METER MAINTENAN 0.00 4,442.25101 104838 01/06/23 9830 KAREN WILKINSON 01 214 DEPOSIT REFUND 0.00 531.00101 104839 01/06/23 9831 KIERSTIN WEST−FERGU 01 214 DEPOSIT REFUND 0.00 531.00101 104840 01/06/23 3521 KIMBALL MIDWEST 502 5309 MECH STOCK 0.00 82.47101 104841 01/06/23 9826 LAPIN CONSULTING IN 121 5202 DEI PRESENTATION 0.00 13,553.16101 104843 01/06/23 4534 HOMETEK 503 5223 MEMORIAL BENCH PROG 0.00 165.00101 104843 01/06/23 4534 HOMETEK 503 5201 MEMORIAL BENCH PROG 0.00 165.00TOTAL CHECK 0.00 330.00101 104844 01/06/23 4481 DON MARTINE 01 4161 NOV TOT OVERPAYMENT 0.00 800.00 PGCC 2-15-23
SUPERION PAGE NUMBER: 3
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104845 01/06/23 9445 MICHAEL HARVEY TRUC 505 5331 HAULING SERVICES 0.00 1,038.75101 104846 01/06/23 3304 MIDWEST TAPE 401 5303 SALES TAX ADJUSTMEN 0.00 0.23101 104847 01/06/23 1771 MONTEREY COUNTY SHE 301 5201 CRIMINAL JUSTICE IN 0.00 19,175.39101 104848 01/06/23 3807 MONTEREY COUNTY WEE 101 5221 ORDINANCE 22−020 0.00 108.81101 104849 01/06/23 7417 MP EXPRESS 301 5301 NOTICE OF CORRECTIO 0.00 184.13101 104850 01/06/23 9834 MUNISERVICES, LLC 131 5291 ACFR REPORT SEPT 20 0.00 1,870.00101 104851 01/06/23 4299 NOLAND, HAMERLY, ET 111 5205 ENAYATI CASE #22CV0 0.00 32.50101 104851 01/06/23 4299 NOLAND, HAMERLY, ET 111 5205 ENAYATI CASE #22CV0 0.00 544.00101 104851 01/06/23 4299 NOLAND, HAMERLY, ET 111 5205 ENAYATI CASE #22CV0 0.00 798.25101 104851 01/06/23 4299 NOLAND, HAMERLY, ET 111 5205 ENAYATI CASE #22CV0 0.00 1,360.16TOTAL CHECK 0.00 2,734.91101 104852 01/06/23 1958 ODP BUSINESS SOLUTI 131 5301 OFFICE SUPPLIES 0.00 100.67101 104852 01/06/23 1958 ODP BUSINESS SOLUTI 121 5301 OFFICE SUPPLIES 0.00 59.39101 104852 01/06/23 1958 ODP BUSINESS SOLUTI 121 5301 OFFICE SUPPLIES 0.00 80.72101 104852 01/06/23 1958 ODP BUSINESS SOLUTI 131 5301 OFFICE SUPPLIES 0.00 255.16101 104852 01/06/23 1958 ODP BUSINESS SOLUTI 501 5301 TONER/OFFICE SUPPLI 0.00 267.54TOTAL CHECK 0.00 763.48101 104853 01/06/23 9576 O’REILLY AUTO ENTER 501 5227 UNIT 41 0.00 −9.32101 104853 01/06/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 51 0.00 83.01101 104853 01/06/23 9576 O’REILLY AUTO ENTER 301 5227 UNIT 7 0.00 50.23TOTAL CHECK 0.00 123.92101 104854 01/06/23 2024 PACIFIC GAS & ELECT 501 5222 PW11/29−12/27 1212− 0.00 1,165.47101 104854 01/06/23 2024 PACIFIC GAS & ELECT 505 5222 GOLF11/30−12/28 343 0.00 15.01101 104854 01/06/23 2024 PACIFIC GAS & ELECT 505 5222 GOLF11/30−12/28 417 0.00 234.36101 104854 01/06/23 2024 PACIFIC GAS & ELECT 411 5802 11/15−12/14 4440−1 0.00 270.67101 104854 01/06/23 2024 PACIFIC GAS & ELECT 421 5222 REC11/28−12/26 4030 0.00 290.33TOTAL CHECK 0.00 1,975.84101 104855 01/06/23 2034 PACIFIC GROVE HARDW 421 5361 PROGRAM SUPPLIES 0.00 184.51101 104856 01/06/23 8383 POWER DMS 301 5201 CONTENT & ACCREDIT 0.00 350.00101 104857 01/06/23 6411 QUADIENT LEASING US 421 5225 FY 22/23 MAIL MACHI 0.00 15.00101 104857 01/06/23 6411 QUADIENT LEASING US 101 5225 FY 22/23 MAIL MACHI 0.00 15.03101 104857 01/06/23 6411 QUADIENT LEASING US 401 5225 FY 22/23 MAIL MACHI 0.00 25.01101 104857 01/06/23 6411 QUADIENT LEASING US 131 5225 FY 22/23 MAIL MACHI 0.00 30.01101 104857 01/06/23 6411 QUADIENT LEASING US 201 5225 FY 22/23 MAIL MACHI 0.00 45.02101 104857 01/06/23 6411 QUADIENT LEASING US 121 5225 FY 22/23 MAIL MACHI 0.00 45.02101 104857 01/06/23 6411 QUADIENT LEASING US 501 5225 FY 22/23 MAIL MACHI 0.00 115.06101 104857 01/06/23 6411 QUADIENT LEASING US 301 5225 FY 22/23 MAIL MACHI 0.00 200.10TOTAL CHECK 0.00 490.25 PGCC 2-15-23
SUPERION PAGE NUMBER: 4
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104858 01/06/23 6859 REED & GRAHAM INC. 505 5309 OIL FLUSH 0.00 2,525.00101 104859 01/06/23 9334 RUSSELL AURIA PEST 513 5309 TREE FEEDING LOVERS 0.00 3,100.00101 104860 01/06/23 3828 SAME DAY SHRED 121 5291 CONFIDENTIAL SHRED 0.00 45.00101 104861 01/06/23 3975 SAN DIEGO POLICE EQ 301 5316 DEPARTMENT AMMUNITI 0.00 4,818.67101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 7.64101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 22.97101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 26.29101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 45.49101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 47.51101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 54.60101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 75.86101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 233.21101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 334.18101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 1,054.99101 104862 01/06/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 1,056.90TOTAL CHECK 0.00 2,959.64101 104863 01/06/23 9795 TAKE THE LEAP LLC 121 5236 EE TRAINING/ABOVE T 0.00 1,250.00101 104864 01/06/23 9107 TASHA STEVENS 01 4462 PROGRAM REFUND 0.00 37.50101 104865 01/06/23 7867 UPS 301 5211 UPS SHIPPING 0.00 3.01101 104866 01/06/23 2786 VERIZON WIRELESS 301 5206 WIRELESS MOBILE CON 0.00 513.22101 104867 01/06/23 2796 VICTORY TOYOTA 502 5309 STOCK 0.00 235.85101 104869 01/06/23 9305 WATSONVILLE FORD 301 5227 UNIT 7 0.00 470.82101 104869 01/06/23 9305 WATSONVILLE FORD 301 5227 PD STOCK 0.00 517.41101 104869 01/06/23 9305 WATSONVILLE FORD 351 5227 UNIT 6474 0.00 725.16101 104869 01/06/23 9305 WATSONVILLE FORD 503 5227 UNIT 51 0.00 995.25101 104869 01/06/23 9305 WATSONVILLE FORD 301 5227 UNIT 3 0.00 85.02101 104869 01/06/23 9305 WATSONVILLE FORD 301 5227 UNIT 1 0.00 270.14TOTAL CHECK 0.00 3,063.80101 104870 01/06/23 6216 ALBERT WEISFUSS 513 5201 FY22/23 ARBORIST SE 0.00 3,400.00101 104872 01/06/23 438 CALIFORNIA AMERICAN 131 5222 300 FOREST FIRE−50% 0.00 23.84101 104872 01/06/23 438 CALIFORNIA AMERICAN 201 5222 300 FOREST FIRE−50% 0.00 23.84101 104872 01/06/23 438 CALIFORNIA AMERICAN 131 5222 300 FOREST IRRIG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 131 5222 308 16TH ST. 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 800 LIGHTHSE PLANTE 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 792 LIGHTHSE IRRIG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 582 LIGHTHSE IRRIG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 2100 SUNSET DRIVE 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 840 LIGHTHSE PLANTE 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 850 LIGHTHSE PLANTE 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 882 LIGHTHSE PLANTE 0.00 38.58 PGCC 2-15-23
SUPERION PAGE NUMBER: 5
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 106 7TH ST PARK 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 411 5222 165 FOREST AVE FIRE 0.00 47.68101 104872 01/06/23 438 CALIFORNIA AMERICAN 351 5222 600 PINE AVE FIRE 0.00 47.68101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 CENTRAL 4 IN FIRE 0.00 47.68101 104872 01/06/23 438 CALIFORNIA AMERICAN 501 5222 MECH 5% 0.00 31.13101 104872 01/06/23 438 CALIFORNIA AMERICAN 351 5222 643 HYDRANTS HYDT 0.00 36.68101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 748 LIGHTHSE IRRG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 765 LIGHTHSE IRRIG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 139 GRAND AVE 0.00 58.97101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 B & G 15% 0.00 93.38101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 585 LAUREL 0.00 94.34101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 1025 MORSE−PLATT PK 0.00 94.34101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 130 LIGHTHOUSE IRRI 0.00 94.34101 104872 01/06/23 438 CALIFORNIA AMERICAN 501 5222 SUNSET−CORPYARD18% 0.00 112.06101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 611 CENTRAL AVE 0.00 185.46101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 100 OCEANVW IRRIG 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 196 OCEANVW IRRIG 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 980 PIEDMONT BALL P 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 429 LIGHTHOUSE IRRG 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 131 5222 300 FOREST AVE 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 619 OCEANVIEW IRRIG 0.00 187.27101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 616 OCEANVIEW IRRG 0.00 191.01101 104872 01/06/23 438 CALIFORNIA AMERICAN 201 5222 304 16TH ST FIRE 0.00 79.99101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 230 17−MILE DRIVE 0.00 191.36101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 165 FOREST−MUSEUM 0.00 196.31101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 515 JUNIPERO 0.00 313.36101 104872 01/06/23 438 CALIFORNIA AMERICAN 301 5222 580 PINE 0.00 327.00101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 114 CALEDONIA PK 0.00 336.77101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 930 SINEX 0.00 363.53101 104872 01/06/23 438 CALIFORNIA AMERICAN 131 5222 300 FOREST 0.00 374.71101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 1051 OCEANVIEW IRRG 0.00 401.87101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 711 OCEANVIEW IRRG 0.00 471.32101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 263 GROVE ACRES 0.00 605.91101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 863 OCEANVIEW IRRG 0.00 674.26101 104872 01/06/23 438 CALIFORNIA AMERICAN 401 5222 550 CENTRAL 0.00 761.50101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 150 FOREST−JEWELL P 0.00 246.17101 104872 01/06/23 438 CALIFORNIA AMERICAN 351 5222 600 PINE 0.00 267.69101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 707 OCEANVIEW−NAIAD 0.00 298.80101 104872 01/06/23 438 CALIFORNIA AMERICAN 201 5222 304 16TH ST BDOM−FI 0.00 306.44101 104872 01/06/23 438 CALIFORNIA AMERICAN 421 5222 616 OCEANVW−SWIM PL 0.00 964.67101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 610 OCEANVW IRRIGPK 0.00 1,061.60101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 620 OCEANVIEW/BATH 0.00 1,198.11101 104872 01/06/23 438 CALIFORNIA AMERICAN 503 5222 391 OCEANVW−BERWICK 0.00 2,050.97TOTAL CHECK 0.00 14,261.35101 104873 01/10/23 3393 EFT 01 202 4TH QTR 22 HARVEY A 0.00 380.02101 104874 01/13/23 2952 AFLAC 01 202 DED:5201 AFLAC P/T 0.00 1,686.53101 104874 01/13/23 2952 AFLAC 01 202 DED:5291 AFLAC P/T 0.00 69.24101 104874 01/13/23 2952 AFLAC 01 202 DED:5200 AFLAC PREM 0.00 634.02TOTAL CHECK 0.00 2,389.79 PGCC 2-15-23
SUPERION PAGE NUMBER: 6
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104875 01/13/23 2935 CALIF LAW ENFORCMEN 01 202 DED:3200 LTD PD 0.00 567.00101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:110 HEALTH 0.00 1,128.83101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:126 HEALTH 0.00 1,155.62101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:125 HEALTH 0.00 1,155.62101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:0563 HEALTH FAM 0.00 1,187.86101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:108 HEALTH 0.00 1,560.16101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:103 HEALTH 0.00 1,651.24101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:124 HEALTH 0.00 2,311.24101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:107 HEALTH 0.00 2,400.24101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:104 HEALTH 0.00 2,476.83101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:2072 HEALTH 0.00 2,812.50101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:2071 HEALTH 0.00 2,887.50101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:123 HEALTH 0.00 3,555.76101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:533 HEALTH 0.00 4,293.20101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:2073 HEALTH FAM 0.00 5,750.00101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:122 HEALTH 0.00 5,778.11101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:106 HEALTH 0.00 6,000.60101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:121 HEALTH 0.00 444.47101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:120 HEALTH 0.00 564.42101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:531 HEALTH 0.00 701.24101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:116 HEALTH 0.00 825.62101 104876 01/13/23 1 CALPERS HEALTH 01 202 DED:105 HEALTH 0.00 1,073.30TOTAL CHECK 0.00 49,714.36101 104877 01/13/23 3134 CITY OF PACIFIC GRO 01 202 DED:3301 AFLAC MED 0.00 2,058.79101 104877 01/13/23 3134 CITY OF PACIFIC GRO 01 202 DED:3300 AFLAC DEP 0.00 348.00TOTAL CHECK 0.00 2,406.79101 104878 01/13/23 3393 EFT 01 202 DED:*FM MEDICARE 0.00 10,838.28101 104878 01/13/23 3393 EFT 01 202 DED:*SCA STATE TAX 0.00 16,026.25101 104878 01/13/23 3393 EFT 01 202 DED:*FT FEDERAL TX 0.00 42,887.24TOTAL CHECK 0.00 69,751.77101 104879 01/13/23 9589 FOREMAN FINANCIAL, 01 202 DED:7506 WAGE ORDER 0.00 555.29101 104880 01/13/23 2946 PACIFIC GROVE CITY 01 202 DED:7000 ASSOC DUES 0.00 791.00101 104881 01/13/23 2938 MASS MUTUAL (457 PL 01 202 DED:4000 DEF COMP 0.00 12,887.72101 104881 01/13/23 2938 MASS MUTUAL (457 PL 01 202 DED:3999 ROTH IRA 0.00 765.00TOTAL CHECK 0.00 13,652.72101 104882 01/13/23 2936 MTRY COUNTY DEPT OF 01 202 DED:0023 GARNISH 0.00 236.30101 104883 01/13/23 2949 PACIFIC GROVE MANAG 01 202 DED:7203 ASSOC DUES 0.00 30.00101 104884 01/13/23 2051 CITY OF PACIFIC GRO 01 202 DED:1005 WORK COMP 0.00 1,419.32101 104884 01/13/23 2051 CITY OF PACIFIC GRO 01 202 DED:1010 WORK COMP 0.00 2,901.20101 104884 01/13/23 2051 CITY OF PACIFIC GRO 01 202 DED:1003 WORK COMP 0.00 6,359.05101 104884 01/13/23 2051 CITY OF PACIFIC GRO 01 202 DED:1006 WORK COMP 0.00 23.00101 104884 01/13/23 2051 CITY OF PACIFIC GRO 01 202 DED:1009 WORK COMP 0.00 70.89TOTAL CHECK 0.00 10,773.46 PGCC 2-15-23
SUPERION PAGE NUMBER: 7
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104885 01/13/23 2052 CITY OF PACIFIC GRO 01 202 DED:7510 PERS REIMB 0.00 29.42101 104886 01/13/23 2053 CITY OF PACIFIC GRO 01 202 DED:201 DENTAL 0.00 37.59101 104886 01/13/23 2053 CITY OF PACIFIC GRO 01 202 DED:2101 DENTAL 0.00 265.30101 104886 01/13/23 2053 CITY OF PACIFIC GRO 01 202 DED:200 DENTAL 0.00 492.70101 104886 01/13/23 2053 CITY OF PACIFIC GRO 01 202 DED:2102 DENTAL 0.00 498.49101 104886 01/13/23 2053 CITY OF PACIFIC GRO 01 202 DED:2103 DENTAL FAM 0.00 853.38TOTAL CHECK 0.00 2,147.46101 104887 01/13/23 2054 CITY OF PACIFIC GRO 01 202 DED:0005 SUTA 0.00 135.64101 104888 01/13/23 2133 PERS 01 202 DED:0009 PERS OTHER 0.00 1,149.31101 104888 01/13/23 2133 PERS 01 202 DED:2000 PERS EMPLY 0.00 1,179.00101 104888 01/13/23 2133 PERS 01 202 DED:0002 PERS 0.00 5,670.87101 104888 01/13/23 2133 PERS 01 202 DED:07 PERS CITY 0.00 5,784.69101 104888 01/13/23 2133 PERS 01 202 DED:0017 PERS RG SF 0.00 6,980.50101 104888 01/13/23 2133 PERS 01 202 DED:0011 PERS ER SF 0.00 7,914.56101 104888 01/13/23 2133 PERS 01 202 DED:0021 PERS REG M 0.00 8,961.73101 104888 01/13/23 2133 PERS 01 202 DED:0020 PERS ER M3 0.00 10,184.03101 104888 01/13/23 2133 PERS 01 202 DED:01 PERS 0.00 11,432.65101 104888 01/13/23 2133 PERS 01 202 DED:0006 PERS CITY 0.00 11,793.30101 104888 01/13/23 2133 PERS 01 202 DED:0019 PERS RT SF 0.00 −3.25101 104888 01/13/23 2133 PERS 01 202 DED:0004 SURV BEN 0.00 85.56101 104888 01/13/23 2133 PERS 01 202 DED:0022 PERS SP MS 0.00 239.25101 104888 01/13/23 2133 PERS 01 202 DED:08 PERS OTHER 0.00 392.97101 104888 01/13/23 2133 PERS 01 202 DED:2001 PERS 0.00 880.32101 104888 01/13/23 2133 PERS 01 202 DED:0018 PERS SP SF 0.00 1,073.58TOTAL CHECK 0.00 73,719.07101 104889 01/13/23 2943 POLICE OFFICERS ASS 01 202 DED:7204 ASSOC DUES 0.00 8.00101 104889 01/13/23 2943 POLICE OFFICERS ASS 01 202 DED:7205 ASSOC DUES 0.00 931.24TOTAL CHECK 0.00 939.24101 104890 01/13/23 2940 LEGAL SHIELD 01 202 DED:6100 LEGAL SVC 0.00 14.95101 104891 01/13/23 7956 STATE DISABILITY TA 01 202 DED:0026 SDI 0.00 4,146.50101 104892 01/13/23 8211 STANDARD INSURANCE 01 202 DED:3500 LIFE INS 0.00 1,401.75101 104893 01/13/23 8352 TRANSAMERICA EMPLOY 01 202 DED:5202 TRANSAMERI 0.00 627.08101 104894 01/13/23 4177 UNION BANK OF CALIF 01 202 DED:4005 PARS−457 0.00 409.23101 104895 01/13/23 632 VISION SERVICE PLAN 01 202 DED:301 VISION 0.00 30.00101 104895 01/13/23 632 VISION SERVICE PLAN 01 202 DED:2502 VISION 0.00 76.78101 104895 01/13/23 632 VISION SERVICE PLAN 01 202 DED:300 VISION 0.00 181.48101 104895 01/13/23 632 VISION SERVICE PLAN 01 202 DED:2503 VISION FAM 0.00 450.00TOTAL CHECK 0.00 738.26101 104898 01/20/23 4943 US BANK 133 5307 KHASIMI CC DEC 22 0.00 −492.53101 104898 01/20/23 4943 US BANK 121 5301 LINDSTROM CC DEC 22 0.00 6.56 PGCC 2-15-23
SUPERION PAGE NUMBER: 8
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104898 01/20/23 4943 US BANK 131 5291 LATE FEE CC DEC 22 0.00 12.38101 104898 01/20/23 4943 US BANK 501 5261 GHO CC DEC 22 0.00 15.96101 104898 01/20/23 4943 US BANK 401 5303 WEIRICK CC DEC 22 0.00 16.38101 104898 01/20/23 4943 US BANK 301 5301 FRANCIS CC DEC 22 0.00 17.43101 104898 01/20/23 4943 US BANK 121 5261 LINDSTROM CC DEC 22 0.00 34.00101 104898 01/20/23 4943 US BANK 101 5215 KANDELL CC DEC 22 0.00 38.98101 104898 01/20/23 4943 US BANK 301 5261 FRANCIS CC DEC 22 0.00 50.50101 104898 01/20/23 4943 US BANK 301 5301 PD TRAVEL CC DEC 22 0.00 52.44101 104898 01/20/23 4943 US BANK 201 5201 WATT CC DEC 22 0.00 56.50101 104898 01/20/23 4943 US BANK 121 5291 LIVIAN CC DEC 22 0.00 72.10101 104898 01/20/23 4943 US BANK 133 5306 KHASIMI CC DEC 22 0.00 72.95101 104898 01/20/23 4943 US BANK 301 5261 PD TRAVEL CC DEC 22 0.00 115.00101 104898 01/20/23 4943 US BANK 301 5201 FRANCIS CC DEC 22 0.00 119.40101 104898 01/20/23 4943 US BANK 133 5229 KHASIMI CC DEC 22 0.00 136.42101 104898 01/20/23 4943 US BANK 301 5275 PD TRAVEL CC DEC 22 0.00 150.69101 104898 01/20/23 4943 US BANK 301 5227 GHO CC DEC 22 0.00 162.08101 104898 01/20/23 4943 US BANK 201 5224 WATT CC DEC 22 0.00 178.49101 104898 01/20/23 4943 US BANK 133 5301 KHASIMI CC DEC 22 0.00 186.23101 104898 01/20/23 4943 US BANK 121 5261 HARVEY CC DEC 22 0.00 191.62101 104898 01/20/23 4943 US BANK 301 5261 MADALONE CC DEC 22 0.00 230.00101 104898 01/20/23 4943 US BANK 301 5215 MADALONE CC DEC 22 0.00 232.96101 104898 01/20/23 4943 US BANK 133 5224 KHASIMI CC DEC 22 0.00 241.42101 104898 01/20/23 4943 US BANK 401 5301 GODWIN CC DEC 22 0.00 248.95101 104898 01/20/23 4943 US BANK 501 5309 GHO CC DEC 22 0.00 255.00101 104898 01/20/23 4943 US BANK 201 5215 WATT CC DEC 22 0.00 268.43101 104898 01/20/23 4943 US BANK 301 5301 MADALONE CC DEC 22 0.00 273.10101 104898 01/20/23 4943 US BANK 421 5361 CLARK CC DEC 0.00 304.31101 104898 01/20/23 4943 US BANK 101 5291 HARVEY CC DEC 22 0.00 307.87101 104898 01/20/23 4943 US BANK 133 5212 KHASIMI CC DEC 22 0.00 387.17101 104898 01/20/23 4943 US BANK 301 5275 SANTOS CC DEC 22 0.00 392.35101 104898 01/20/23 4943 US BANK 131 5261 HANNAH CC DEC 22 0.00 440.00101 104898 01/20/23 4943 US BANK 301 5291 SANTOS CC DEC 22 0.00 471.54101 104898 01/20/23 4943 US BANK 501 5309 GHO CC DEC 22 0.00 540.01101 104898 01/20/23 4943 US BANK 131 5215 FRATI CC DEC 22 0.00 575.00101 104898 01/20/23 4943 US BANK 121 5215 HARVEY CC DEC 22 0.00 1,321.51101 104898 01/20/23 4943 US BANK 301 5215 PD TRAVEL CC DEC 22 0.00 2,095.55101 104898 01/20/23 4943 US BANK 121 5236 LIVIAN CC DEC 22 0.00 866.81101 104898 01/20/23 4943 US BANK 301 5291 PD TRAVEL CC DEC 22 0.00 883.81TOTAL CHECK 0.00 11,529.37101 104899 01/20/23 8890 4LEAF 201 5201 BUILDING DEPARTMENT 0.00 6,770.40101 104899 01/20/23 8890 4LEAF 201 5201 BUILDING DEPARTMENT 0.00 68,663.00TOTAL CHECK 0.00 75,433.40101 104900 01/20/23 5621 ACCENT CLEAN & SWEE 504 5201 FY22/23 STREET SWEE 0.00 17,100.00101 104901 01/20/23 7555 ADT SECURITY SERVIC 133 5201 FIN DEPT 0.00 283.71101 104902 01/20/23 3970 ALHAMBRA & SIERRA S 351 5291 DEC 22 WATER SERVIC 0.00 102.32101 104903 01/20/23 4965 ALVAREZ TECHNOLOGY 133 5201 AFTER HOURS SUPPORT 0.00 450.00 PGCC 2-15-23
SUPERION PAGE NUMBER: 9
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104904 01/20/23 8330 AMAZON CAPITAL SERV 201 5301 OFFICE SUPPLIES 0.00 481.53101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 315.19101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 786.27101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 645.67101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 1,399.44101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 1,435.65101 104905 01/20/23 106 AMERICAN SUPPLY COM 503 5305 JANITORIAL SUPPLIES 0.00 78.17TOTAL CHECK 0.00 4,660.39101 104906 01/20/23 9430 ARAMARK UNIFORM & C 301 5201 DEPARTMENT LINEN AN 0.00 114.85101 104907 01/20/23 9805 AT&T 133 5206 LH INTRNT 320021267 0.00 100.23101 104908 01/20/23 5363 AT&T CALNET 3 133 5206 PHONES 9391063242 0.00 1,933.85101 104908 01/20/23 5363 AT&T CALNET 3 133 5212 ADMIN 9391063342 0.00 24.04101 104908 01/20/23 5363 AT&T CALNET 3 133 5212 CH GEN ALM 93910632 0.00 24.60TOTAL CHECK 0.00 1,982.49101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 4.60101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 22.44101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 25.19101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 31.54101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 86.60101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5301 LIBRARY SUPPLIES 0.00 246.91101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 272.64101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 396.56101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 397.68101 104909 01/20/23 213 BAKER & TAYLOR COMP 401 5303 BOOKS & MATERIALS 0.00 2,933.37TOTAL CHECK 0.00 4,417.53101 104913 01/20/23 4372 CALIFA GROUP 401 5201 EBSCO DATABASE PACK 0.00 7,342.87101 104915 01/20/23 7532 CHAVAN & ASSOCIATES 131 5201 AUDIT, ACFR, & GANN 0.00 13,500.00101 104915 01/20/23 7532 CHAVAN & ASSOCIATES 131 5201 AUDIT, ACFR, & GANN 0.00 14,125.00101 104915 01/20/23 7532 CHAVAN & ASSOCIATES 131 5201 AUDIT, ACFR, & GANN 0.00 14,250.00TOTAL CHECK 0.00 41,875.00101 104916 01/20/23 4467 WM.J. CLARK TRUCKIN 505 5309 STREET SUPPLIES 0.00 1,226.63101 104916 01/20/23 4467 WM.J. CLARK TRUCKIN 505 5331 STREET SUPPLIES 0.00 3,458.29TOTAL CHECK 0.00 4,684.92101 104917 01/20/23 5198 CODE PUBLISHING, IN 101 5201 CODE UPDATES 0.00 534.00101 104918 01/20/23 5171 COMCAST 133 5206 PW 8155100260194117 0.00 238.76101 104918 01/20/23 5171 COMCAST 133 5206 REC 815510026021497 0.00 103.75101 104918 01/20/23 5171 COMCAST 133 5206 PW 8155100260389527 0.00 110.98101 104918 01/20/23 5171 COMCAST 133 5206 PD 8155100260387836 0.00 151.23TOTAL CHECK 0.00 604.72101 104919 01/20/23 649 CPS HR CONSULTING 301 5201 BILINGUAL TESTING 0.00 344.30101 104919 01/20/23 649 CPS HR CONSULTING 301 5201 APPLICANT SKILLS TE 0.00 475.00 PGCC 2-15-23
SUPERION PAGE NUMBER: 10
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNTTOTAL CHECK 0.00 819.30101 104920 01/20/23 5987 CREEKSIDE CENTER FO 513 5201 MONARCH BUTTERFLY H 0.00 1,600.00101 104922 01/20/23 904 ENGINEERED FIRE SYS 351 5201 PLAN REVIEW OCT 202 0.00 312.50101 104922 01/20/23 904 ENGINEERED FIRE SYS 351 5201 PLAN REVIEW AUG 202 0.00 687.50101 104922 01/20/23 904 ENGINEERED FIRE SYS 351 5201 PLAN REVIEW NOV 202 0.00 625.00TOTAL CHECK 0.00 1,625.00101 104923 01/20/23 926 EWING IRRIGATION PR 503 5223 TREE TIES 0.00 200.59101 104924 01/20/23 5094 COASTAL FABRICATION 503 5223 BROKEN SWING 0.00 380.63101 104925 01/20/23 9837 FARIS NEMRI 130 5601 FACADE PROGRAM 0.00 1,211.00101 104926 01/20/23 7889 FASTRAK 301 5291 BRIDGE TOLL 1176539 0.00 7.00101 104927 01/20/23 952 FEDERAL EXPRESS COR 301 5211 SHIPPING LATE FEE 0.00 5.67101 104929 01/20/23 592 FOREST HILL ACE HAR 503 5223 SUPPLIES 0.00 4.34101 104929 01/20/23 592 FOREST HILL ACE HAR 503 5309 SUPPLIES 0.00 28.37TOTAL CHECK 0.00 32.71101 104930 01/20/23 7127 GACHINA LANDSCAPE M 503 5201 FY22/23 PARK MOWING 0.00 639.63101 104931 01/20/23 1044 GALLS PARENT HOLDIN 301 5275 HIGH−VIS RAIN GEAR 0.00 3,074.50101 104932 01/20/23 9838 GLORIA WILES 01 214 DEPOSIT REFUND 0.00 196.00101 104933 01/20/23 1105 GRANITE ROCK COMPAN 505 5309 STREET SUPPLIES 0.00 914.79101 104935 01/20/23 1138 GROVE MARKET 421 5361 PROGRAM SUPPLIES 0.00 25.24101 104936 01/20/23 6743 HANA GARDENS SEASID 503 5223 GARDEN SUPPLIES 0.00 116.89101 104937 01/20/23 8993 HR & ASSOCIATES 225 5201 ATC PLANNING SERVIC 0.00 350.00101 104938 01/20/23 4123 INTERSTATE TRAFFIC 505 5331 GREEN BIKE LANE PAI 0.00 5,481.73101 104939 01/20/23 7433 IPS GROUP, INC 301 5213 IPS PARKING METER B 0.00 1,133.47101 104942 01/20/23 9839 LUCY’S ON LIGHTHOUS 130 5601 FACADE PROGRAM 0.00 2,076.58101 104944 01/20/23 1693 MISSION LINEN SUPPL 351 5291 LINEN SERVICES 0.00 74.33101 104944 01/20/23 1693 MISSION LINEN SUPPL 351 5291 LINEN SERVICES 0.00 74.33101 104944 01/20/23 1693 MISSION LINEN SUPPL 351 5291 LINEN SERVICES 0.00 74.33101 104944 01/20/23 1693 MISSION LINEN SUPPL 351 5291 LINEN SERVICES 0.00 74.33TOTAL CHECK 0.00 297.32101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 12.89 PGCC 2-15-23
SUPERION PAGE NUMBER: 11
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 12.99101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 12.99101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 12.99101 104947 01/20/23 1694 MISSION UNIFORM SER 421 5201 LINEN & UNIFORM CLE 0.00 13.34101 104947 01/20/23 1694 MISSION UNIFORM SER 421 5201 LINEN & UNIFORM CLE 0.00 13.34101 104947 01/20/23 1694 MISSION UNIFORM SER 421 5201 LINEN & UNIFORM CLE 0.00 72.88101 104947 01/20/23 1694 MISSION UNIFORM SER 421 5201 LINEN & UNIFORM CLE 0.00 72.88101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 77.92101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 77.93101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 77.93101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 79.21101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 79.21101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 79.21101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 79.21101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 81.20101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 81.21101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 81.21101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 4.40101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 4.40101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 4.40101 104947 01/20/23 1694 MISSION UNIFORM SER 351 5291 LINEN & UNIFORM CLE 0.00 12.60101 104947 01/20/23 1694 MISSION UNIFORM SER 351 5291 LINEN & UNIFORM CLE 0.00 12.60101 104947 01/20/23 1694 MISSION UNIFORM SER 502 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 503 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 505 5309 LINEN & UNIFORM CLE 0.00 12.89TOTAL CHECK 0.00 1,318.46101 104948 01/20/23 8665 MMANC 201 5261 MEMBERSHIP RENEWAL 0.00 75.00101 104949 01/20/23 3443 MONTEREY BAY PEST C 351 5223 ANNUAL PEST CONTROL 0.00 180.00101 104949 01/20/23 3443 MONTEREY BAY PEST C 503 5201 ANNUAL PEST CONTROL 0.00 490.00TOTAL CHECK 0.00 670.00101 104950 01/20/23 1772 MONTEREY COUNTY TAX 351 5222 2022/2023 2ND PAYME 0.00 310.74101 104950 01/20/23 1772 MONTEREY COUNTY TAX 421 5222 2022/2023 2ND PAYME 0.00 436.33101 104950 01/20/23 1772 MONTEREY COUNTY TAX 503 5222 2022/2023 2ND PAYME 0.00 1,180.21101 104950 01/20/23 1772 MONTEREY COUNTY TAX 101 5222 2022/2023 2ND PAYME 0.00 90.48101 104950 01/20/23 1772 MONTEREY COUNTY TAX 201 5222 2022/2023 2ND PAYME 0.00 101.99101 104950 01/20/23 1772 MONTEREY COUNTY TAX 131 5222 2022/2023 2ND PAYME 0.00 156.60101 104950 01/20/23 1772 MONTEREY COUNTY TAX 401 5222 2022/2023 2ND PAYME 0.00 162.02TOTAL CHECK 0.00 2,438.37101 104951 01/20/23 3807 MONTEREY COUNTY WEE 201 5221 PH HRI REMOVAL 12/2 0.00 211.86101 104951 01/20/23 3807 MONTEREY COUNTY WEE 201 5221 HRI INVENTORY REMOV 0.00 243.00101 104951 01/20/23 3807 MONTEREY COUNTY WEE 101 5221 ADOPTION OF ORD 0.00 108.81101 104951 01/20/23 3807 MONTEREY COUNTY WEE 201 5221 PH 542 LIGHTHOUSE 0.00 163.22101 104951 01/20/23 3807 MONTEREY COUNTY WEE 201 5221 236 CYPRESS ST HRC 0.00 182.25 PGCC 2-15-23
SUPERION PAGE NUMBER: 12
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104951 01/20/23 3807 MONTEREY COUNTY WEE 201 5221 PH HRI REMOVAL1/12/ 0.00 199.49TOTAL CHECK 0.00 1,108.63101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 58.00101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 −2.92101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 6.18101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 26697077001 SHRT PA 0.00 6.56101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 51.34101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 401 5301 LIB SUPPLIES 0.00 51.56101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 81.05101 104954 01/20/23 1958 ODP BUSINESS SOLUTI 201 5301 OFFICE SUPPLIES 0.00 30.57TOTAL CHECK 0.00 282.34101 104955 01/20/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 58 0.00 12.86101 104955 01/20/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 58 0.00 18.21101 104955 01/20/23 9576 O’REILLY AUTO ENTER 505 5226 CHAINSAW REPAIR 0.00 18.35101 104955 01/20/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 58 0.00 22.08101 104955 01/20/23 9576 O’REILLY AUTO ENTER 351 5227 UNIT 6474 0.00 26.63101 104955 01/20/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 58 0.00 42.57101 104955 01/20/23 9576 O’REILLY AUTO ENTER 503 5227 UNIT 58 0.00 169.01TOTAL CHECK 0.00 309.71101 104958 01/20/23 2024 PACIFIC GAS & ELECT 411 5802 MUSEUM 1932414440−1 0.00 270.67101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5227 B&G VEHICLE SUPPLIE 0.00 −27.31101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5223 PD B&G SUPPLIES 0.00 −16.39101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 2.17101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 3.26101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 3.70101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 4.36101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 5.45101 104962 01/20/23 2034 PACIFIC GROVE HARDW 351 5223 FIRE B&G SUPPLIES 0.00 6.11101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 6.54101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 6.97101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 7.64101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 7.64101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 7.82101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 8.29101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 8.73101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 9.80101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 10.90101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 10.90101 104962 01/20/23 2034 PACIFIC GROVE HARDW 351 5227 FIRE VEHICLE SUPPLI 0.00 10.91101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 11.73101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 12.00101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 13.10101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5223 PD B&G SUPPLIES 0.00 13.10101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 13.74101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 14.19101 104962 01/20/23 2034 PACIFIC GROVE HARDW 411 5223 MUSEUM SUPPLIES 0.00 14.19101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 14.19101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5223 PD B&G SUPPLIES 0.00 15.28 PGCC 2-15-23
SUPERION PAGE NUMBER: 13
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 15.93101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5223 PD B&G SUPPLIES 0.00 16.39101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 16.58101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5227 B&G VEHICLE SUPPLIE 0.00 17.44101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 17.68101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 18.56101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 19.65101 104962 01/20/23 2034 PACIFIC GROVE HARDW 351 5223 FIRE B&G SUPPLIES 0.00 20.75101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 21.84101 104962 01/20/23 2034 PACIFIC GROVE HARDW 351 5223 FIRE B&G SUPPLIES 0.00 21.84101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 22.50101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 25.31101 104962 01/20/23 2034 PACIFIC GROVE HARDW 505 5309 STREETS SUPPLIES 0.00 26.18101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5227 B&G VEHICLE SUPPLIE 0.00 26.21101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 26.21101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 27.30101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 28.15101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 28.37101 104962 01/20/23 2034 PACIFIC GROVE HARDW 401 5223 LIBRARY SUPPLIES 0.00 31.66101 104962 01/20/23 2034 PACIFIC GROVE HARDW 505 5309 STREETS SUPPLIES 0.00 32.76101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 34.94101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 37.01101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5223 PD B&G SUPPLIES 0.00 40.51101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 44.05101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 49.15101 104962 01/20/23 2034 PACIFIC GROVE HARDW 301 5227 PD VEHICLE SUPPLIES 0.00 49.15101 104962 01/20/23 2034 PACIFIC GROVE HARDW 505 5309 STREETS SUPPLIES 0.00 54.60101 104962 01/20/23 2034 PACIFIC GROVE HARDW 502 5309 MECH SUPPLIES 0.00 60.08101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5227 B&G VEHICLE SUPPLIE 0.00 60.08101 104962 01/20/23 2034 PACIFIC GROVE HARDW 421 5301 OFFICE SUPPLIES 0.00 61.13101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 69.07101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5227 B&G VEHICLE SUPPLIE 0.00 76.35101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 81.88101 104962 01/20/23 2034 PACIFIC GROVE HARDW 505 5309 STREETS SUPPLIES 0.00 109.21101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 109.24101 104962 01/20/23 2034 PACIFIC GROVE HARDW 503 5223 B&G SUPPLIES 0.00 30.58101 104962 01/20/23 2034 PACIFIC GROVE HARDW 505 5309 STREETS SUPPLIES 0.00 130.97TOTAL CHECK 0.00 1,758.32101 104963 01/20/23 2059 PACIFIC SMOG 503 5227 SMOG TEST 0.00 46.75101 104964 01/20/23 2062 PACIFIC WEST WATER 131 5301 OFFICE SUPPLIES 0.00 42.85101 104964 01/20/23 2062 PACIFIC WEST WATER 201 5301 OFFICE SUPPLIES 0.00 42.85TOTAL CHECK 0.00 85.70101 104967 01/20/23 7621 READY REFRESH 301 5291 WATER/22L0022752414 0.00 210.91101 104968 01/20/23 6816 REGIONAL GOVERNMENT 201 5202 ON−CALL PLANNING SE 0.00 1,190.00101 104969 01/20/23 9702 RENNE PUBLIC LAW GR 111 5205 EMPLOYMENT RELATED 0.00 14,146.26101 104970 01/20/23 9802 ROBERT HALF INTERNA 131 5201 CARRILLO TEMP EMP M 0.00 8,640.00 PGCC 2-15-23
SUPERION PAGE NUMBER: 14
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104971 01/20/23 8734 SAVAGE TRAINING GRO 301 5215 FTO/APPLING 0.00 804.00101 104973 01/20/23 6038 SPEAK WRITE BILLING 301 5201 TRANSCRIPTION SERVI 0.00 363.34101 104974 01/20/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 62.62101 104974 01/20/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 104.01101 104974 01/20/23 2567 STAPLES CREDIT PLAN 301 5301 OFFICE SUPPLIES 0.00 215.83TOTAL CHECK 0.00 382.46101 104975 01/20/23 2606 SUMMIT UNIFORMS 301 5275 BALLISTICPANEL/MURR 0.00 983.28101 104975 01/20/23 2606 SUMMIT UNIFORMS 301 5275 BALLISTICVEST/APPLI 0.00 983.28101 104975 01/20/23 2606 SUMMIT UNIFORMS 301 5275 BALLISTICVEST/GRIFF 0.00 983.28101 104975 01/20/23 2606 SUMMIT UNIFORMS 301 5275 BALLISTICVEST/BROWN 0.00 983.28101 104975 01/20/23 2606 SUMMIT UNIFORMS 301 5275 BALLISTICVEST/GORDA 0.00 983.28TOTAL CHECK 0.00 4,916.40101 104976 01/20/23 9836 THE SHERWIN WILLIAM 505 5331 SUPPLIES 0.00 156.29101 104977 01/20/23 2680 TOPE’S TREE SERVICE 513 5201 FY22/23 TREE MAINTE 0.00 825.00101 104978 01/20/23 4650 TORO PETROLEUM CORP 351 5311 FIRE DEPT 600 PINE 0.00 1,866.34101 104979 01/20/23 2684 TRACNET CORPORATION 301 5201 RECORDS MANAGEMENT 0.00 8,700.00101 104980 01/20/23 8379 TRANSUNION RISK AND 301 5201 4170041/TLO12/1−12/ 0.00 75.00101 104982 01/20/23 2786 VERIZON WIRELESS 501 5212 PW 0.00 544.93101 104982 01/20/23 2786 VERIZON WIRELESS 201 5212 CDD 0.00 34.04101 104982 01/20/23 2786 VERIZON WIRELESS 133 5212 ADMIN 0.00 38.01101 104982 01/20/23 2786 VERIZON WIRELESS 133 5212 ADMIN 0.00 51.20101 104982 01/20/23 2786 VERIZON WIRELESS 351 5212 FIRE 0.00 63.24101 104982 01/20/23 2786 VERIZON WIRELESS 421 5212 REC 0.00 83.15101 104982 01/20/23 2786 VERIZON WIRELESS 121 5212 CM 0.00 84.23101 104982 01/20/23 2786 VERIZON WIRELESS 201 5212 CDD 0.00 104.36101 104982 01/20/23 2786 VERIZON WIRELESS 301 5212 PD 0.00 125.70101 104982 01/20/23 2786 VERIZON WIRELESS 401 5212 LIBRARY 0.00 129.20101 104982 01/20/23 2786 VERIZON WIRELESS 501 5212 PW 0.00 198.53TOTAL CHECK 0.00 1,456.59101 104983 01/20/23 9305 WATSONVILLE FORD 301 5227 UNIT 6 0.00 14.73101 104983 01/20/23 9305 WATSONVILLE FORD 301 5227 PD UNIT 7 0.00 44.71TOTAL CHECK 0.00 59.44101 104984 01/20/23 8136 WELLS FARGO VENDOR 501 5225 FY 22/23 KONIKA LEA 0.00 134.66101 104984 01/20/23 8136 WELLS FARGO VENDOR 401 5225 FY 22/23 KONIKA LEA 0.00 167.20101 104984 01/20/23 8136 WELLS FARGO VENDOR 121 5225 FY 22/23 KONIKA LEA 0.00 177.70101 104984 01/20/23 8136 WELLS FARGO VENDOR 131 5225 FY 22/23 KONIKA LEA 0.00 177.77101 104984 01/20/23 8136 WELLS FARGO VENDOR 301 5225 FY 22/23 KONIKA LEA 0.00 177.77101 104984 01/20/23 8136 WELLS FARGO VENDOR 201 5225 FY 22/23 KONIKA LEA 0.00 209.26TOTAL CHECK 0.00 1,044.36 PGCC 2-15-23
SUPERION PAGE NUMBER: 15
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104985 01/20/23 8989 WEX BANK 301 5311 FUEL 0.00 247.59101 104985 01/20/23 8989 WEX BANK 301 5311 FUEL/FEES 0.00 10.00TOTAL CHECK 0.00 257.59101 104988 01/20/23 1204 WINNERS AWARDS & EN 101 5303 NAME PLATES 0.00 111.44101 104991 01/24/23 9780 CHARLES CARROLL 01 214 DEPOSIT REFUND REIS 0.00 189.00101 104992 01/24/23 9839 LUCY’S ON LIGHTHOUS 01 4401 PERMIT REFUND REISS 0.00 1,667.05101 104994 01/24/23 9741 NIELSEN MERKSAMER 111 5205 CONSULTING/LEGAL SE 0.00 17,266.50101 104994 01/24/23 9741 NIELSEN MERKSAMER 111 5205 CONSULTING/LEGAL SE 0.00 21,736.00TOTAL CHECK 0.00 39,002.50101 104995 01/27/23 2952 AFLAC 01 202 DED:5291 AFLAC P/T 0.00 116.04101 104995 01/27/23 2952 AFLAC 01 202 DED:5200 AFLAC PREM 0.00 921.54101 104995 01/27/23 2952 AFLAC 01 202 DED:5201 AFLAC P/T 0.00 1,783.17TOTAL CHECK 0.00 2,820.75101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:121 HEALTH 0.00 444.47101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:120 HEALTH 0.00 564.42101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:531 HEALTH 0.00 701.24101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:116 HEALTH 0.00 825.62101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:105 HEALTH 0.00 1,073.30101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:110 HEALTH 0.00 1,128.83101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:126 HEALTH 0.00 1,155.62101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:125 HEALTH 0.00 1,155.62101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:0563 HEALTH FAM 0.00 1,187.86101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:108 HEALTH 0.00 1,560.16101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:103 HEALTH 0.00 1,651.24101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:124 HEALTH 0.00 2,311.24101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:107 HEALTH 0.00 2,400.24101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:104 HEALTH 0.00 2,476.83101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:2072 HEALTH 0.00 2,812.50101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:2071 HEALTH 0.00 2,887.50101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:123 HEALTH 0.00 3,555.76101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:533 HEALTH 0.00 4,293.20101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:106 HEALTH 0.00 5,400.54101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:2073 HEALTH FAM 0.00 5,750.00101 104996 01/27/23 1 CALPERS HEALTH 01 202 DED:122 HEALTH 0.00 5,778.11TOTAL CHECK 0.00 49,114.30101 104997 01/27/23 3134 CITY OF PACIFIC GRO 01 202 DED:3300 AFLAC DEP 0.00 236.60101 104997 01/27/23 3134 CITY OF PACIFIC GRO 01 202 DED:3301 AFLAC MED 0.00 2,888.56TOTAL CHECK 0.00 3,125.16101 104998 01/27/23 3393 EFT 01 202 DED:*FM MEDICARE 0.00 10,550.64101 104998 01/27/23 3393 EFT 01 202 DED:*SCA STATE TAX 0.00 15,162.61101 104998 01/27/23 3393 EFT 01 202 DED:*FT FEDERAL TX 0.00 40,760.83101 104998 01/27/23 3393 EFT 01 202 DED:*FT FEDERAL TX 0.00 −121.70101 104998 01/27/23 3393 EFT 01 202 DED:*SCA STATE TAX 0.00 −38.90101 104998 01/27/23 3393 EFT 01 202 DED:*FM MEDICARE 0.00 −11.04 PGCC 2-15-23
SUPERION PAGE NUMBER: 16
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNTTOTAL CHECK 0.00 66,302.44101 104999 01/27/23 9589 FOREMAN FINANCIAL, 01 202 DED:7506 WAGE ORDER 0.00 555.29101 105000 01/27/23 2946 PACIFIC GROVE CITY 01 202 DED:7000 ASSOC DUES 0.00 791.00101 105001 01/27/23 2938 MASS MUTUAL (457 PL 01 202 DED:4000 DEF COMP 0.00 14,225.42101 105001 01/27/23 2938 MASS MUTUAL (457 PL 01 202 DED:3999 ROTH IRA 0.00 765.00TOTAL CHECK 0.00 14,990.42101 105002 01/27/23 2936 MTRY COUNTY DEPT OF 01 202 DED:0023 GARNISH 0.00 236.30101 105003 01/27/23 2949 PACIFIC GROVE MANAG 01 202 DED:7203 ASSOC DUES 0.00 30.00101 105004 01/27/23 2051 CITY OF PACIFIC GRO 01 202 DED:1006 WORK COMP 0.00 20.30101 105004 01/27/23 2051 CITY OF PACIFIC GRO 01 202 DED:1009 WORK COMP 0.00 56.23101 105004 01/27/23 2051 CITY OF PACIFIC GRO 01 202 DED:1005 WORK COMP 0.00 1,319.57101 105004 01/27/23 2051 CITY OF PACIFIC GRO 01 202 DED:1010 WORK COMP 0.00 2,925.21101 105004 01/27/23 2051 CITY OF PACIFIC GRO 01 202 DED:1003 WORK COMP 0.00 6,549.01TOTAL CHECK 0.00 10,870.32101 105005 01/27/23 2052 CITY OF PACIFIC GRO 01 202 DED:7510 PERS REIMB 0.00 29.42101 105006 01/27/23 2053 CITY OF PACIFIC GRO 01 202 DED:201 DENTAL 0.00 37.59101 105006 01/27/23 2053 CITY OF PACIFIC GRO 01 202 DED:2101 DENTAL 0.00 246.35101 105006 01/27/23 2053 CITY OF PACIFIC GRO 01 202 DED:200 DENTAL 0.00 492.70101 105006 01/27/23 2053 CITY OF PACIFIC GRO 01 202 DED:2102 DENTAL 0.00 498.49101 105006 01/27/23 2053 CITY OF PACIFIC GRO 01 202 DED:2103 DENTAL FAM 0.00 853.38TOTAL CHECK 0.00 2,128.51101 105007 01/27/23 2054 CITY OF PACIFIC GRO 01 202 DED:0005 SUTA 0.00 132.21101 105008 01/27/23 2133 PERS 01 202 DED:0011 PERS ER SF 0.00 7,477.35101 105008 01/27/23 2133 PERS 01 202 DED:0021 PERS REG M 0.00 8,984.71101 105008 01/27/23 2133 PERS 01 202 DED:0020 PERS ER M3 0.00 10,053.45101 105008 01/27/23 2133 PERS 01 202 DED:01 PERS 0.00 11,236.19101 105008 01/27/23 2133 PERS 01 202 DED:0006 PERS CITY 0.00 11,539.32101 105008 01/27/23 2133 PERS 01 202 DED:0019 PERS RT SF 0.00 −3.25101 105008 01/27/23 2133 PERS 01 202 DED:0004 SURV BEN 0.00 85.56101 105008 01/27/23 2133 PERS 01 202 DED:0022 PERS SP MS 0.00 99.68101 105008 01/27/23 2133 PERS 01 202 DED:08 PERS OTHER 0.00 392.97101 105008 01/27/23 2133 PERS 01 202 DED:0018 PERS SP SF 0.00 628.84101 105008 01/27/23 2133 PERS 01 202 DED:2001 PERS 0.00 880.32101 105008 01/27/23 2133 PERS 01 202 DED:0009 PERS OTHER 0.00 1,002.45101 105008 01/27/23 2133 PERS 01 202 DED:2000 PERS EMPLY 0.00 1,179.00101 105008 01/27/23 2133 PERS 01 202 DED:0002 PERS 0.00 5,670.87101 105008 01/27/23 2133 PERS 01 202 DED:07 PERS CITY 0.00 5,688.60101 105008 01/27/23 2133 PERS 01 202 DED:0017 PERS RG SF 0.00 6,980.50TOTAL CHECK 0.00 71,896.56101 105009 01/27/23 2943 POLICE OFFICERS ASS 01 202 DED:7205 ASSOC DUES 0.00 931.24 PGCC 2-15-23
SUPERION PAGE NUMBER: 17
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 01 − GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 105010 01/27/23 7956 STATE DISABILITY TA 01 202 DED:0026 SDI 0.00 4,041.73101 105011 01/27/23 8352 TRANSAMERICA EMPLOY 01 202 DED:5202 TRANSAMERI 0.00 627.08101 105012 01/27/23 4177 UNION BANK OF CALIF 01 202 DED:4005 PARS−457 0.00 279.52101 105013 01/27/23 632 VISION SERVICE PLAN 01 202 DED:301 VISION 0.00 30.00101 105013 01/27/23 632 VISION SERVICE PLAN 01 202 DED:2502 VISION 0.00 69.80101 105013 01/27/23 632 VISION SERVICE PLAN 01 202 DED:300 VISION 0.00 181.48101 105013 01/27/23 632 VISION SERVICE PLAN 01 202 DED:2503 VISION FAM 0.00 450.00TOTAL CHECK 0.00 731.28101 105014 01/27/23 2133 PERS 421 5145 JAN 2023 UAL 0.00 5,416.67101 105014 01/27/23 2133 PERS 121 5145 JAN 2023 UAL 0.00 10,000.00101 105014 01/27/23 2133 PERS 503 5145 JAN 2023 UAL 0.00 10,166.67101 105014 01/27/23 2133 PERS 131 5145 JAN 2023 UAL 0.00 11,500.00101 105014 01/27/23 2133 PERS 401 5145 JAN 2023 UAL 0.00 11,583.33101 105014 01/27/23 2133 PERS 201 5145 JAN 2023 UAL 0.00 13,833.33101 105014 01/27/23 2133 PERS 505 5145 JAN 2023 UAL 0.00 18,583.33101 105014 01/27/23 2133 PERS 351 5145 JAN 2023 UAL 0.00 99,750.00101 105014 01/27/23 2133 PERS 301 5145 JAN 2023 UAL 0.00 118,603.25101 105014 01/27/23 2133 PERS 513 5145 JAN 2023 UAL 0.00 250.00101 105014 01/27/23 2133 PERS 101 5145 JAN 2023 UAL 0.00 500.00101 105014 01/27/23 2133 PERS 133 5145 JAN 2023 UAL 0.00 2,583.33101 105014 01/27/23 2133 PERS 502 5145 JAN 2023 UAL 0.00 2,916.67101 105014 01/27/23 2133 PERS 501 5145 JAN 2023 UAL 0.00 3,583.33TOTAL CHECK 0.00 309,269.91101 V1062023 01/06/23 3835 REPUBLIC ELEVATOR, 503 5223 YOUTH CENTER ELEVAT 0.00 625.80101 V1062023 01/06/23 3835 REPUBLIC ELEVATOR, 411 5223 MUSEUM ELEVATOR 0.00 715.20101 V1062023 01/06/23 3835 REPUBLIC ELEVATOR, 401 5223 LIBRARY ELEVATOR 0.00 894.00TOTAL CHECK 0.00 2,235.00101 V1062024 01/06/23 9799 OLGA BARABANOVA 421 5208 PIANO 12/1−12/15/20 0.00 189.00101 V1202024 01/20/23 2987 HARRIS & ASSOCIATES 201 5202 CONTRACT PLANNING S 0.00 95.00101 V1202024 01/20/23 2987 HARRIS & ASSOCIATES 201 5202 CONTRACT PLANNING S 0.00 13,117.50TOTAL CHECK 0.00 13,212.50101 V1202025 01/20/23 9570 TARGET SOLUTIONS LE 301 5201 COMMENDATION SYSTEM 0.00 2,105.96TOTAL CASH ACCOUNT 0.00 1,223,979.82TOTAL FUND 0.00 1,223,979.82 PGCC 2-15-23
SUPERION PAGE NUMBER: 18
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 11 − LIBRARY BOOK FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104817 01/06/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 28.83101 104817 01/06/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 30.58101 104817 01/06/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 33.20TOTAL CHECK 0.00 92.61101 104846 01/06/23 3304 MIDWEST TAPE 403 5303 BOOKS & MATS 0.00 38.22101 104846 01/06/23 3304 MIDWEST TAPE 403 5303 BOOKS & MATS 0.00 96.91TOTAL CHECK 0.00 135.13101 104898 01/20/23 4943 US BANK 403 5303 WEIRICK CC DEC 22 0.00 639.70101 104914 01/20/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 30.58101 104914 01/20/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 114.47101 104914 01/20/23 1040 CENGAGE LEARNING/GA 403 5303 BOOKS & MATS 0.00 93.48TOTAL CHECK 0.00 238.53101 104943 01/20/23 3304 MIDWEST TAPE 403 5303 BOOKS & MATS 0.00 41.50101 104956 01/20/23 5567 OVERDRIVE, INC. 403 5303 BOOKS & MATS 0.00 8.97101 104965 01/20/23 3042 PEAK ENTERPRISES 403 5303 BOOKS & MATS 0.00 1,344.60TOTAL CASH ACCOUNT 0.00 2,501.04TOTAL FUND 0.00 2,501.04 PGCC 2-15-23
SUPERION PAGE NUMBER: 19
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 15 − HOUSING FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 105014 01/27/23 2133 PERS 204 5145 JAN 2023 UAL 0.00 916.67TOTAL CASH ACCOUNT 0.00 916.67TOTAL FUND 0.00 916.67 PGCC 2-15-23
SUPERION PAGE NUMBER: 20
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 17 − LOCAL STREETS AND ROADS CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104934 01/20/23 3378 DON CHAPIN CO., INC 522 6041 CIP 23−04 0.00 3,371.40TOTAL CASH ACCOUNT 0.00 3,371.40TOTAL FUND 0.00 3,371.40 PGCC 2-15-23
SUPERION PAGE NUMBER: 21
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 18 − GAS TAX FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104822 01/06/23 3566 DAVE’S REPAIR SERVI 508 5276 FUEL SYSTEM REPAIR 0.00 112.50101 104854 01/06/23 2024 PACIFIC GAS & ELECT 508 5222 PW11/16−12/14 4482− 0.00 7,144.25101 104872 01/06/23 438 CALIFORNIA AMERICAN 508 5222 ST FUND 50% 0.00 311.28101 104928 01/20/23 8719 FLUIDSECURE 508 5276 ANNUAL RENEWAL 0.00 1,481.43101 104955 01/20/23 9576 O’REILLY AUTO ENTER 508 5276 PW FUEL DIESEL PUMP 0.00 15.68101 104955 01/20/23 9576 O’REILLY AUTO ENTER 508 5276 PW FUEL STATION 0.00 25.27TOTAL CHECK 0.00 40.95101 105014 01/27/23 2133 PERS 508 5145 JAN 2023 UAL 0.00 1,833.33TOTAL CASH ACCOUNT 0.00 10,923.74TOTAL FUND 0.00 10,923.74 PGCC 2-15-23
SUPERION PAGE NUMBER: 22
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 24 − STILLWELL CHILDREN’S POOLCASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104905 01/20/23 106 AMERICAN SUPPLY COM 425 5309 POOL CHLORINE 0.00 447.93101 104905 01/20/23 106 AMERICAN SUPPLY COM 425 5309 POOL CHLORINE 0.00 447.93TOTAL CHECK 0.00 895.86101 104966 01/20/23 2115 PENINSULA POOL SERV 425 5309 POOL SUPPLIES 0.00 442.66TOTAL CASH ACCOUNT 0.00 1,338.52TOTAL FUND 0.00 1,338.52 PGCC 2-15-23
SUPERION PAGE NUMBER: 23
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 27 − LIGHTHOUSE MAINT.& IMPV. CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104824 01/06/23 8501 DONNA FOOTE 413 5223 LH SUPPLIES−FLAG 0.00 156.75101 104872 01/06/23 438 CALIFORNIA AMERICAN 413 5222 90 ASILOMAR 0.00 76.83101 104908 01/20/23 5363 AT&T CALNET 3 413 5212 LH 9391063247 0.00 24.04101 104941 01/20/23 8527 JOYCE HALABI 413 5223 LH CERT. HOLDERS 0.00 44.21101 104950 01/20/23 1772 MONTEREY COUNTY TAX 413 5222 2022/2023 2ND PAYME 0.00 75.32101 104962 01/20/23 2034 PACIFIC GROVE HARDW 413 5223 LH SUPPLIES 0.00 34.95TOTAL CASH ACCOUNT 0.00 412.10TOTAL FUND 0.00 412.10 PGCC 2-15-23
SUPERION PAGE NUMBER: 24
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 40 − POETRY PROMOTION FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104950 01/20/23 1772 MONTEREY COUNTY TAX 405 5222 2022/2023 2ND PAYME 0.00 27.22TOTAL CASH ACCOUNT 0.00 27.22TOTAL FUND 0.00 27.22 PGCC 2-15-23
SUPERION PAGE NUMBER: 25
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 41 − YOUNT INCOME FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104921 01/20/23 9506 DUDEK 510 6031 GWP MANAMGENET PLAN 0.00 620.00101 105014 01/27/23 2133 PERS 510 5145 JAN 2023 UAL 0.00 166.67TOTAL CASH ACCOUNT 0.00 786.67TOTAL FUND 0.00 786.67 PGCC 2-15-23
SUPERION PAGE NUMBER: 26
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 43 − SLESF FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 V1202023 01/20/23 9033 ENTERPRISE FM TRUST 304 5225 LEASED VEHICLES 0.00 2,135.37TOTAL CASH ACCOUNT 0.00 2,135.37TOTAL FUND 0.00 2,135.37 PGCC 2-15-23
SUPERION PAGE NUMBER: 27
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 63 − CAPITAL IMPROV PROJ FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104953 01/20/23 1896 NEILL ENGINEERS COR 631 6041 CIP23−01 WO8469STRE 0.00 19,258.00101 104986 01/20/23 9401 WILLIAMS SCOTSMAN, 631 6021 PW CONST. TRAILER L 0.00 1,225.46101 104989 01/20/23 9325 ZANDER DESIGN 631 6031 POINT PINOS CONSTRU 0.00 280.00TOTAL CASH ACCOUNT 0.00 20,763.46TOTAL FUND 0.00 20,763.46 PGCC 2-15-23
SUPERION PAGE NUMBER: 28
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 70 − EMP BENEFIT FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104896 01/13/23 1 CALPERS HEALTH 703 5123 JAN 2023 RET & CHGS 0.00 18,213.61101 104957 01/20/23 9512 P&A ADMINISTRATIVE 703 5123 COBRA ADMIN FEES 0.00 500.00101 104990 01/24/23 8211 STANDARD INSURANCE 703 5123 JAN 2023 PREMIUMS 0.00 2,710.00TOTAL CASH ACCOUNT 0.00 21,423.61TOTAL FUND 0.00 21,423.61 PGCC 2-15-23
SUPERION PAGE NUMBER: 29
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 71 − WORKERS COMP FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104912 01/20/23 2445 CA DEPT OF INDUSTRI 701 5231 FY 21/22 0.00 10,444.28101 105014 01/27/23 2133 PERS 701 5145 JAN 2023 UAL 0.00 666.67TOTAL CASH ACCOUNT 0.00 11,110.95TOTAL FUND 0.00 11,110.95 PGCC 2-15-23
SUPERION PAGE NUMBER: 30
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 72 − LIABILITY INS FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104993 01/24/23 6724 JACKSON LEWIS 702 5205 LEGAL SERVICES 0.00 7,695.00101 104993 01/24/23 6724 JACKSON LEWIS 702 5205 LEGAL SERVICES 0.00 29,522.50TOTAL CHECK 0.00 37,217.50101 105014 01/27/23 2133 PERS 702 5145 JAN 2023 UAL 0.00 500.00TOTAL CASH ACCOUNT 0.00 37,717.50TOTAL FUND 0.00 37,717.50 PGCC 2-15-23
SUPERION PAGE NUMBER: 31
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 74 − LOCAL WATER PROJECT CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104821 01/06/23 5959 STATE WATER RESOURC 741 5201 LWP PERMIT & PHASE 0.00 7,770.00101 104854 01/06/23 2024 PACIFIC GAS & ELECT 741 5222 LWP11/30−12/28 0792 0.00 4,459.79101 104871 01/06/23 2894 WILSON’S PLUMBING & 741 5224 AC UNIT REPLACEMENT 0.00 7,133.45101 104872 01/06/23 438 CALIFORNIA AMERICAN 741 5222 1313 OCEAN VIEW BLV 0.00 930.73101 104952 01/20/23 9294 MOTOR CONTROLS INC. 741 5201 MODEM SERVICES 0.00 650.00TOTAL CASH ACCOUNT 0.00 20,943.97TOTAL FUND 0.00 20,943.97 PGCC 2-15-23
SUPERION PAGE NUMBER: 32
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 75 − CEMETERY FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104835 01/06/23 1199 HAYWARD LUMBER COMP 601 5309 CEMETERY SUPPLIES 0.00 46.16101 104835 01/06/23 1199 HAYWARD LUMBER COMP 601 5309 CEMETERY SUPPLIES 0.00 55.39TOTAL CHECK 0.00 101.55101 104842 01/06/23 9832 LOLA HOGAN 601 5502 DUPLICATE BURIAL FE 0.00 1,272.00101 104857 01/06/23 6411 QUADIENT LEASING US 601 5225 FY 22/23 MAIL MACHI 0.00 9.90101 104872 01/06/23 438 CALIFORNIA AMERICAN 601 5222 CEM 4% 0.00 24.90101 104872 01/06/23 438 CALIFORNIA AMERICAN 601 5222 1254 DELMONTECEM70% 0.00 216.99TOTAL CHECK 0.00 241.89101 104898 01/20/23 4943 US BANK 601 5309 GHO CC DEC 22 0.00 921.92101 104940 01/20/23 9835 JENSEN ENTERPRISES 601 5309 CEMETERY LINERS 0.00 6,423.90101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 4.40101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 81.20101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 77.92101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 12.99101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 601 5309 LINEN & UNIFORM CLE 0.00 12.89TOTAL CHECK 0.00 373.58101 104962 01/20/23 2034 PACIFIC GROVE HARDW 601 5309 CEMETERY SUPPLIES 0.00 30.44101 104962 01/20/23 2034 PACIFIC GROVE HARDW 601 5309 CEMETERY SUPPLIES 0.00 74.35101 104962 01/20/23 2034 PACIFIC GROVE HARDW 601 5309 CEMETERY SUPPLIES 0.00 135.43101 104962 01/20/23 2034 PACIFIC GROVE HARDW 601 5309 CEMETERY SUPPLIES 0.00 128.83101 104962 01/20/23 2034 PACIFIC GROVE HARDW 601 5309 CEMETERY SUPPLIES 0.00 11.01TOTAL CHECK 0.00 380.06101 104972 01/20/23 9754 SAVANNA SANDUSKY 601 5215 MILEAGE 10/04−12/29 0.00 69.88101 105014 01/27/23 2133 PERS 601 5145 JAN 2023 UAL 0.00 1,333.33TOTAL CASH ACCOUNT 0.00 11,128.01TOTAL FUND 0.00 11,128.01 PGCC 2-15-23
SUPERION PAGE NUMBER: 33
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 76 − SEWER FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104806 01/06/23 6154 AT&T 611 5212 PW 237 841−1326 0.00 33.97101 104806 01/06/23 6154 AT&T 611 5212 PW 237 841−1323 0.00 33.97101 104806 01/06/23 6154 AT&T 611 5212 PW 237 841−1324 0.00 33.97101 104806 01/06/23 6154 AT&T 611 5212 PW 237 841−1330 0.00 33.97TOTAL CHECK 0.00 135.88101 104821 01/06/23 5959 STATE WATER RESOURC 611 5201 LWP PERMIT & PHASE 0.00 10,602.00101 104826 01/06/23 4173 FASTENAL 611 5275 RAIN GEAR 0.00 262.16101 104868 01/06/23 6777 WALLACE GROUP 611 5201 SSMP 5 YEAR UPDATE 0.00 216.25101 104872 01/06/23 438 CALIFORNIA AMERICAN 611 5222 1273 CRESPI POND 50 0.00 59.92101 104872 01/06/23 438 CALIFORNIA AMERICAN 611 5222 100 OCEANVW IRRIG 0.00 38.58101 104872 01/06/23 438 CALIFORNIA AMERICAN 611 5222 SEWER 8% 0.00 49.80TOTAL CHECK 0.00 148.30101 104910 01/20/23 8579 BEFORE THE MOVIE IN 611 5221 ADVERTISING 0.00 199.00101 104934 01/20/23 3378 DON CHAPIN CO., INC 612 6051 CIP 23−01 0.00 3,715.00101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 12.89101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 12.98101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 77.92101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 81.20101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 79.20101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 4.40101 104947 01/20/23 1694 MISSION UNIFORM SER 611 5309 LINEN & UNIFORM CLE 0.00 12.89TOTAL CHECK 0.00 373.57101 104953 01/20/23 1896 NEILL ENGINEERS COR 612 6051 CIP23−01 WO8469−SS 0.00 5,412.00101 104958 01/20/23 2024 PACIFIC GAS & ELECT 611 5222 PW 0601805126−5 0.00 855.37101 104962 01/20/23 2034 PACIFIC GROVE HARDW 611 5309 SEWER SUPPLIES 0.00 28.56101 104987 01/20/23 2894 WILSON’S PLUMBING & 611 5207 MAIN LINE CLEANOUT 0.00 1,156.06101 105014 01/27/23 2133 PERS 611 5145 JAN 2023 UAL 0.00 10,416.67TOTAL CASH ACCOUNT 0.00 33,520.82TOTAL FUND 0.00 33,520.82 PGCC 2-15-23
SUPERION PAGE NUMBER: 34
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 77 − GOLF FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104872 01/06/23 438 CALIFORNIA AMERICAN 621 5222 77 ASILOMAR FIRE SV 0.00 79.99101 104872 01/06/23 438 CALIFORNIA AMERICAN 621 5222 1254 DELMONTEGOLF30 0.00 93.00101 104872 01/06/23 438 CALIFORNIA AMERICAN 621 5222 1273 CRESPI POND 50 0.00 59.92101 104872 01/06/23 438 CALIFORNIA AMERICAN 625 5222 77 ASILOMAR GOLF HS 0.00 1,495.00TOTAL CHECK 0.00 1,727.91101 104950 01/20/23 1772 MONTEREY COUNTY TAX 625 5222 2022/2023 2ND PAYME 0.00 620.14101 104950 01/20/23 1772 MONTEREY COUNTY TAX 621 5222 2022/2023 2ND PAYME 0.00 2,740.98TOTAL CHECK 0.00 3,361.12101 104981 01/20/23 7381 UMPQUA BANK 622 5801 INTEREST OWING 0.00 39,625.76101 104981 01/20/23 7381 UMPQUA BANK 622 5802 PRINCIPAL 0.00 96,422.70TOTAL CHECK 0.00 136,048.46TOTAL CASH ACCOUNT 0.00 141,137.49TOTAL FUND 0.00 141,137.49 PGCC 2-15-23
SUPERION PAGE NUMBER: 35
DATE: 02/06/2023 CITY OF PACIFIC GROVE ACCTPA21TIME: 15:57:13 CHECK REGISTER − BY FUNDSELECTION CRITERIA: transact.ck_date between ’20230101 00:00:00.000’ and ’20230131 00:00:00.000’ACCOUNTING PERIOD: 8/23 FUND − 84 − AMERICAN RESCUE PLAN−ARPACASH ACCT CHECK NO ISSUE DT VENDOR NAME DIVISION ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT101 104911 01/20/23 9704 BOWMAN CONSULTING G 841 6031 PURPLE PIPE FEASIBI 0.00 2,094.40TOTAL CASH ACCOUNT 0.00 2,094.40TOTAL FUND 0.00 2,094.40TOTAL REPORT 0.00 1,546,232.76 PGCC 2-15-23
Agenda No. 8 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Audrey Cray, Finance & Risk Manager
MEETING DATE: February 15, 2023
SUBJECT: Core Revenue Report - January 2023
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
The City of Pacific Grove’s General Fund revenues are primarily derived from Property Tax, Transient Occupancy Tax, and Sales and Use Tax revenues. In the Fiscal Year 22/23 Adopted Budget, these three revenue sources were estimated to generate $20.3 million. These revenues account for approximately 70% of the General Fund's on-going revenues.
Details on the budgeted amounts and revenues to date are included in Attachments 1.
OPTIONS
N/A - This is informational only.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report.
GOAL ALIGNMENT: Not Applicable.
Attachments
Core Revenue Report - January 2023
PGCC 2-15-23
Core Revenue Report
Fiscal Year 2022/23 - January 2023
The following tables include the FY22/23 budget and year to date revenues. The receipts represent funds received to date.
PROPERTY TAX
Property Tax is the first largest source of the General Fund revenue. The City typically receives property tax payments in December, April, and June. Unlike other tax revenues, property taxes were not impacted by COVID-19. The following table presents Fiscal Year 2022/23 budget, and revenues received to date.
Property Tax Adopted Budget YTD Receipts % of Adopted Budget FY22/23 8,840,000 5,299,211 59.9%
TRANSIENT OCCUPANCY TAX (TOT)
Transient Occupancy Tax (TOT) is the General Fund’s second largest source of revenue which the City receives on a monthly basis. Unlike property taxes, TOT was significantly impacted by COVID-19 in Fiscal Years 2019/20 and 2020/21. The following table presents Fiscal Year 2022/23 budget and revenues received to date.
Transient Occupancy Tax Adopted Budget YTD Receipts % of Adopted Budget FY22/23 5,867,000 3,628,349 61.8%
The City receives transient occupancy tax in the month following the stay. The revenues received in December are for the November lodging period.
The following table shows a monthly breakdown of TOT revenues when compared to the same month last year. The reduction in the 2020/21 TOT in December and January primarily resulted from temporary COVID-19 restrictions.
Lodging Period 2020/21 2021/22 2022/23 Net Difference
July 289,435 673,475 797,756 124,281
August 340,019 730,578 818,939 88,361
September 327,958 578,129 639,644 61,515
October 347,103 475,290 589,714 114,424
November 216,516 431,862 411,136 -20,726
December 90,066 378,655 371,160 -7,495
January 109,118 314,248 - -
February 205,512 412,711 - -
March 334,004 476,041 - -
April 379,613 568,275 - -
May 428,612 612,496 - -
June 518,002 621,212 - -
Total 3,585,958 6,272,972 3,628,349 360,360
January 2023 revenues are anticipated to be received in late February.
PGCC 2-15-23
SALES AND USE TAX
Sales and Use tax are the third largest source of the City’s General Fund revenues. The City receives a 1% Bradley Burns Tax and a 1% Measure U Transactions and Use Tax.
The Fiscal Year 22/23 Adopted Budget reflects the addition of Measure A revenues, a 0.50% Transactions and Use Tax. This tax become effective on October 1, 2022. Three quarters of Measure A funds have been incorporated into the annual projections. The first Measure A revenues will not be received until the end of December. These revenues should appear on this report in February 2023.
The impact of COVID-19 on the Sales and Use tax revenues was less significant when compared to TOT.
The following table presents Fiscal Year 22/23 budget and revenues received to date.
Sales and Use Tax Adopted Budget YTD Receipts % of Adopted Budget FY22/23 5,616,000 2,027,202 36.1%
The following table presents Fiscal Year 2022/23 revenues received to date.
Remittance Period 2020/21 2021/22 2022/23 Net Difference July Advance 358,945 303,144 350,801 47,657
August Advance 427,105 507,200 364,694 -142,506
September True-up 243,269 287,224 475,273 188,049
October Advance 343,188 311,118 411,967 100,849
November Advance 333,869 324,181 424,467 100,286
December True-up 302,359 479,810 - -
January Advance 281,830 260,937 - -
February Advance 339,550 316,738 - -
March True-up 239,864 471,617 - -
April Advance 314,606 329,326 - -
May Advance 395,212 436,035 - -
June True-Up 481,058 513,452 - -
Total 4,060,855 4,540,782 2,027,202 294,335
December 2022 payments are anticipated to be received in late February as the State pays the city two months in arrears
PGCC 2-15-23
Agenda No. 8 D
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk and Nikita McKinder, IT Management Analyst MEETING DATE: February 15, 2023
SUBJECT: Status of Records Management System and Online Contracts CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
Background
At the April 7, 2021, meeting, Council directed staff to provide a recommendation with options, pros, and cons on how best to post online agreements that have a value of $5,000 or more. A meeting was held between key staff and a summary of the discussion and preliminary findings were provided to Council in its May 19, 2021 packet. Due to time constraints, the item was continued to the Council's June 2, 2021, where Council subsequently directed staff to take the additional time to conduct the research, evaluation, and assessment of available document and records management software options based on the city’s overall need for managing documents, workflows, and records, including a formal request for proposal if needed. At Council's direction, the posting of online contracts is the short-term portion and priority of this project. At its April 6, 2022, staff provided a brief status report to inform the Council that key staff had met and prepared an RFP. Additionally, staff provided a timeline that included dates when the RFP was issued and when a contract would be awarded. At its August 3, 2022, meeting, s taff reported it had received 7 proposals and selected the top 3 to proceed with interviews and demonstrations of their respective software. Based upon the proposals, interviews, demonstrations, and the City's needs, a contract was awarded, however, staff was in the midst of contract preparation and execution. Staff reported the proposal fell within the City Manager's spending limit. A contract was awarded to Cities Digital Inc. (CDI). Said contract commenced on August 24, 2022 and shall remain and continue in effect until all tasks are completed. Staff has had weekly meetings with the assigned CDI Project Manager. Upon approval of the City's Retention Schedule on October 19, 2022, staff met CDI on October 25, 2022, and the discussion commenced with CDI regarding all things contracts.
Relative information was forwarded to CDI on October 26, 2022 with respect to the directed priority.
Current Update
Phase I with the posting of the vendor contracts to the public portal is close to completion. The goal is to make the portal live prior to the Mayor's State of the City Address on February 22, 2023. There are a few more steps staff would like to take to address confidential vendor contracts, and we have also discovered a few bugs to resolve in regard to the portal's search capability. An PGCC 2-15-23
announcement/presentation will return to Council as soon these items have been accomplished. Phase II of the public portal will be to include the display of other types of City agreements such as lease agreements, grant agreements, and other types, with the capability of the portal to search by agreement type.
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact in providing this status report. Funds have been included in the Fiscal Year 22/23 Budget.
GOAL ALIGNMENT: Not Applicable.
Attachments
Public Comment
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11/1/22, 2:19 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkADYyMjk4YWQ5LTllNGQtNDUyYS04YjIwLTlmMjJjOWFiNGVmZQBGAAAAAABe%2FOZZGRnqSoa… 1/1 Nov. 2 agenda item 8b
Jane Haines <[email protected]>
Mon 10/31/2022 3:01 PM
To: City Council Members <[email protected]>;Pierik, Brian A. <[email protected]>;Rubens, Gregory J. <[email protected]> [NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear City Council,
The records management system described in the agenda report for item 8b seems to me like it will substantially increase the City’s transparency. Thank you to all who are making that happen.
Appreciatively,
Jane Haines
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Agenda No. 9 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Ben Harvey, City Manager
MEETING DATE: February 15, 2023
SUBJECT: Ratification of New Local Emergency Actions
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive report of emergency directives/modifications.
DISCUSSION
The City Manager during this Local Emergency is authorized to directly mitigate effects of the Local Emergency to protect life or property.
This report apprises the City Council of emergency directives taken under the continuing local emergency proclaimed by Resolution 20-007. This report fulfills the City Council’s review obligation under that Resolution and Government Code 8630. This agenda item also enables ratification of select actions taken since the City Council’s last review.
City expenditures for legal services related to COVID-19 issues (specifically to related to COVID 19-COM (Communications); COVID 19-TRN (Training); COVID 19-LAW (Legal Support); and COVID-19 (Other)) are eligible for State and Federal Emergency Service reimbursement, including but not limited to FEMA or other emergency grant funding.
Actions not subject to Ratification. Since the time of the revised Monterey County Shelter in Place Order issued Friday, April 3, 2020, the City Manager has taken the following new or modified actions pursuant to the Emergency Proclamation:
None to report at this time.
No action is necessary with respect to the above new or modified measures, as each is responsive to requirements of the revised Monterey County Shelter in Place Order falling within the regular management discretion of the City Manager.
Actions subject to Ratification. Certain mitigation measures that have been enacted by the City Manager in response to the Monterey County Shelter in Place Order issued Friday, May 8, 2020, and in accord with Council’s Local Emergency under Article 19, subparagraph l, of the Pacific Grove City Charter, and Chapter 3.20 of the Pacific Grove Municipal Code (PGMC), are subject to ratification.
Any mitigation measures that qualify are subject to ratification as required by Government Code 8630 and City Council Resolution 20-007, and are listed below:
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and City Council Resolution 20-007, and are listed below:
1. None to report at this time.
Discussion of Circumstances Needing Emergency Response. The discussion part of this item allows comment on circumstances which may benefit from further or different emergency responses. Matters identified will be referred to the City Manager for appropriate consideration in accord with the Emergency Management System protocols set by PGMC Chapter 3.20. These delegate exclusive emergency management response authority to the City Manager.
CEQA Exemption. Actions taken to prevent or mitigate an emergency are exempt from CEQA pursuant to section 15260 of the CEQA Guidelines.
OPTIONS
Actions not subject to ratification are reported for information only.
FINANCIAL IMPACT:
There is no financial impact in receiving the report.
GOAL ALIGNMENT: Not Applicable.
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Agenda No. 9 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor
MEETING DATE: February 15, 2023
SUBJECT: Appointment to Economic Development Commission CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Approve appointment of R. Venuti to Economic Development Commission ending January 31, 2025.
DISCUSSION
The appointment of R. Venuti, Business Owner/Manager, fills a vacancy on the Economic Development Commission.
City committees play a vital role in city government and provide opportunities for residents to become engaged in civic activities and work to improve local governance. We are very fortunate to have many highly qualified and talented residents willing to serve on City committees.
The term for EDC positions are 2 years as this is a non-Charter committee.
Mayoral appointments to City committees must be confirmed by Council (Charter Article 26). Further regulations and policy regarding appointments can be found in PGMC Chapter 3.02 and Policy 000-5.
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact.
GOAL ALIGNMENT: Not Applicable.
Attachments
Redacted Application - Venuti
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Agenda No. 10 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: February 15, 2023
SUBJECT: Recreation Board Minutes: June, August, November and December 2021.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the minutes.
Attachments
June 2021 Minutes
August 2021 minutes
November 2021 minutes
December 2021 Minutes
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CALL TO ORDER – The meeting was called to order at 4:04 pm ROLL CALL – Charles Gibson, Jay Tulley, Daryl Smith, Elliot Hazen, Colleen Goldsmith. Also present: Public Works – Dan Gho, Amy Colony, and Katie Clark. City Council Liaison – Amy Tomlinson.
1. Approval of Agenda: Approved 5-0-0 (Tulley / Smith)
2. Board and Staff Announcements: Introduction and welcome to Recreation Manager Katie Clark. Dan Gho reported on unfunded repairs made to Jewel Park gazebo; Colleen Goldsmith stated meeting is planned with Amy Colony to expand volunteer base for parks.
3. Council Liaison Comments: Amy Tomlinson formally welcomed new manager, Katie Clark, to her PG recreation manager position.
4. General Public Comments:
A. Written Communication: emails regarding hazard of electric bikes in neighborhoods; Chase Park; request for skate park; and maintenance in Caledonia Park & George Washington Park
B. Oral Communication: none
5. Approval of Minutes from February 25 and April 22, 2021 Meeting: Smith/Tulley – Approved 5-0-0
6. Meeting Dates: Dan Gho: reported that pre-pandemic, the Recreation Board met the 4th Thursday of the month at 5:30 pm. Commission comments: board consensus to go back to monthly meetings (approximately 10 per year) and preference is for in-person, after- work, hybrid type meeting. Council member Tomlinson will take feedback to City Council.
7. Parks Asset Inventory Assessment: Chair Gibson: update that Chase Park has been mostly renovated. Dan Gho: clarified that recreation budget is for staffing/programs and Public Works budget is for park maintenance, which is primarily complaint driven for repairs etc.
Commission comments: Tulley: inquired about scheduling of proposed park projects in the calendar for city budget using the assessment information; Smith: how should Board respond to public emails; Gibson: staff point person would be good to do initial response.
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8. 2021/22 Goals: Dan Gho: recommended sub-committee to develop commission goals with Smith and Tulley volunteering and staff person Clark to assist. List of Goals will be presented to Recreation Board at August 26, 2021 meeting.
9. Joint Use Agreement: Dan Gho: the agreement, finalized by the city and school district in 2020, pertains to programs on school property which are administered by the city. Public Comment: none. Commission comments: Hazen inquired about fees (per Dan Gho, none); Tulley commented that since parks have few grassy fields, this agreement is good opportunity for kids & adults, although there is need for better athletic fields. Dan Gho:
does not recommend city put any funds into improving school property. The Joint Use Agreement formalizes overlap usage.
10. Discussion Items: skate park options; bike traffic emails concerns about speeding and Enforcement (Dan Gho to forward/re-direct emails to appropriate board) on ebikes.
11. Next Agenda: report by PW on recreation budget, youth programming, capital improve- ment projects and special events.
Meeting was adjourned at 5:27 pm.
Submitted by Colleen Goldsmith
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CALL TO ORDER – The meeting was called to order at 5 pm.
ROLL CALL – Charles Gibson, Jay Tulley, Daryl Smith, Elliot Hazen, Colleen Goldsmith. Also present: Public Works Director: Dan Gho; Recreation Manager: Katie Clark; and Amy Colony.
City Council Liaison – Amy Tomlinson.
1. Approval of Agenda: Approved 5-0-0
2. Board and Staff Announcements: Daryl Smith thanked both Dan Gho and Katie Smith for WAVE program; Colleen Goldsmith thanked Amy Colony for her efforts to reinvigorate the park/gardening volunteers and announced volunteer opportunity at Chautauqua/Elmarie Dyke Park on Sunday at 10 am.
3. Council Liaison Comments: Amy Tomlinson reported no updates.
4. General Public Comments:
A. Written Communication: email received regarding pickle ball noise at tennis courts.
B. Oral Communication: Steve Albert at 523 Gibson likes improvements at Pt. Pinos; commented on excessive noise at pickle ball courts; and requested that hours of play not be increased from current hours permitted.
5. Approval of Minutes from June 24, 2021: Hazen/Tulley – Approved 5-0-0
6. Regular Agenda:
A. Recreation Board Goals: Jay Tulley presented worksheet outlining 2021/2022 goals of the commission; main tasks to be completed; and multiple sub-tasks for each; Tulley stated that he would like to see a goals document that evolves as needed.
Commissioner comments: Elliot Hazen suggested adding “new opportunities for rec activities”; Jay Tulley would like broad goals adopted; Chair Gibson proposed board members email Jay with goal suggestions and that item be placed on agenda for discussion next month. PW Dan Gho suggested that goals sub-committee add additional tasks to worksheet.
B. Recreation Department Update: Recreation Manager Katie Clark provided report that summer program had total 595 registrations for June 1 to July 31.
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Due to Covid safety concerns, there were modifications to programs offered and there was a waiting list to participate. The fall pre-school started 8/05 as 5 day program with Caterpillars (age 3) attending Tuesday and Thursday and Butterflies (age 4) attending Monday-Wednesday-Friday. Currently 19 children enrolled with more expected to be added. Fall recreation classes include various dance classes and chess academy. Addi- tional programs are being planned for: afterschool; kid’s night out; and fall break camp.
Special Events this calendar year included: July 4th, Bike Night Out; Car Week; and National Night. Dan Gho noted that previous years showed greater enrollments. but with Rec programs canceled last year, summer numbers were good. Katie noted that hiring was challenging this summer. Katie researching recreational half day sports pro- gram for both kids and adult sports.
C. City Meeting Preference: City Council voted for monthly commission meetings to resume. In person meetings are not permitted at this time. Rec Board meets the 4th Thursday of the month.
D. Park Asset Inventory Assessment Update: Chair Gibson updated the report to include Chase Park. Motion to bring updated report to city council for their receipt of the Inventory Assessment (Smith/Goldsmith) carried 4-0-0 (Commissioner Hazen left meeting early).
E. Recreation Budget and Capital Improvements: PW Dan Gho presented operating Budget information showing total of $854,944 with a large part of the budget allocated to salaries (259k) and utilities/water (165k). No revenue data was provided.
Examples of CIP include a management plan for George Washington Park to review park management and issues such as fire suppression (46k for analysis and report) and repair of roof leak at Chautauqua Hall ($18,654) Next Agenda: discussion of Recreation Board goals
Meeting was adjourned at 6:20 pm.
Submitted by Colleen Goldsmith
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CITY OF PACIFIC GROVE
RECREATION BOARD MEETING MINUTES
November 18, 2021 – 4:00 pm
Call to Order - The meeting was called to order at 4:04 pm Roll Call – Gibson, Tulley, Hazen, & Staff-members Gho, Clark, and Colony & Council Liaison Tomlinson present. (Goldsmith arrived at 4:08)
1. Call to Order - The meeting was called to order at 4:04 pm
2. Approval of Agenda – Tulley/Hazen – Approved 3-0
3. Board and Staff announcements – None
4. Council Liason Comments - Tomlinson noted that there would be two allotments of funds from the federal government for COVID relief. The first allotment would help replenish the general fund. The second would be ARPA funds that would go, in part, to parks improvements. The council is looking to get input from the rec board on priorities.
5. General Public Comments
A. Written Communications – None.
B. Oral Communications – None.
6. Approval of Minutes from September 23, 2021 – Tulley/Hazen – Approved 4-0.
7. Regular Agenda
A. Recreation Board Goals. Tulley reviewed goal worksheet. Discussion on how to get community input into the goals worksheet in a better way. Approved overall goals for calendar year 2022 as listed on the worksheet. (Goldsmith/Hazen, 4-0)
B. Special Events Update – Gho and Clark reviewed list of recent, upcoming and pending special events. No required actions or motions.
C. Volunteer Activities – Colony provided brief presentation of the volunteer program focused on the clean-up activities of the Pacific Grove Garden Club.
D. Parks Tour – Gibson outlined strategy to assess parks on periodic basis. Tulley requested a method to get public comments embedded into the assessments. Gibson proposed January 13th at 4:00 at George Washington Park but it will be finalized later.
8. Next Meeting – Next virtual meeting is proposed for December 23 at 4:00.
9. Adjournment – Meeting was adjourned a 5:13 pm
Respectfully submitted,
Jay Tulley
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1. CALL TO ORDER – The meeting was called to order at 4:08 pm.
ROLL CALL – Charles Gibson, Daryl Smith, Colleen Goldsmith. Also present: Public Works Director: Dan Gho; Recreation Manager: Katie Clark. Absent: Jay Tulley, Elliot Hazen
2. Approval of Agenda: Approved 3-0-0
3. Board and Staff Announcements: Daryl Smith reported schedule conflict attending 4 pm meetings; no Staff announcements
4. Council Liaison Comments: Amy Tomlinson absent
5. General Public Comments:
A. Written Communication: two emails received from Tony Ciani and Lisa Ciani.
B. Oral Communication: none
6. Approval of Minutes from November 18,2020 to be approved January 27, 2022
7. Regular Agenda:
A. Recreation Board Goals: Daryl Smith reported that he will meet with subcommittee member Jay Tulley to do goals update for January meeting; PW Dan Gho suggested that board members decide on CIP goals by March for consideration by PG city council.
No public comment.
B. Parks Assessment/Budgeted Items: PG City Council received the Parks Assessment Report. PW Dan Gho reported that approximately 74 thousand has been approved by the city council for immediate park needs for items such as picnic tables, ADA playground equipment etc., with possible additional funding. These funds have been earmarked but are not yet available for disbursement. PG finance staff is working on ARPA funding timeline. Refer to Agenda Report.
No public comment.
C. Parks and Open Space Study: Chair Gibson proposal that Pacific Grove do a com- prehensive study of city parks and open space, based on the city general plan that calls for periodic review and updates. Gibson referenced prior park proposals such as PGCC 2-15-23
an adult physical fitness course proposed for the north end of Caledonia Park; the various proposals circulating for the NOAA building; and the outside consultants tasked with the SMP. A comprehensive study would also query the public about the parks and provide survey information for the city to develop future projects. Refer to Agenda Report.
Public Comment: Inge Lorentzen recommended maintenance, upgrades and further improvements for all PG parks.
Commission Comment: Chair Gibson would like to explore opportunities for the city such as the NOAA building; PW Director Gho suggested that proposal go to city council as CIP, which he and Katie Clark reviewing the parks portion of the PG City General Plan.
D. Parks Tour: a tour of Washington Park is scheduled for January 13th at 4 pm for all Recreation Board members and the public
Public Comment: none
Meeting was adjourned at 4:56 pm.
Submitted by Colleen Goldsmith
PGCC 2-15-23
Agenda No. 11 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian A. Pierik, City Attorney
MEETING DATE: February 15, 2023
SUBJECT: Mayor Pro Tempore Role and Appointment
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Request a reading of the Title of the Ordinance.
Motion to waive further reading and introduce and hold first reading of an Ordinance of the City Council of the City of Pacific Grove Amending Chapter 2.05 of the Pacific Grove Municipal Code Codifying the Mayor Pro Tempore’s Role and Appointment.
2. Motion to adopt a City Council Policy to establish the nomination procedure for appointing the Mayor Pro Tempore
3. DISCUSSION
At the City Council meeting on December 7, 2022, Councilmember Luke Coletti presented an item to the Council for direction to the City Attorney to draft an ordinance to amend Chapter 2.05 of the Pacific Grove Municipal Code codifying the role and appointment of the Mayor pro tempore.
The City Attorney has reviewed the draft ordinance prepared by Councilmember Coletti and has no recommended changes to that draft ordinance. Therefore, the recommendation is for the City Council to consider introducing by first reading the attached Ordinance of the Council of the City of Pacific Grove Amending Chapter 2.05 of the Pacific Grove Municipal Code Codifying the Mayor Pro Tempore’s Role and Appointment.
In addition to the proposed Ordinance. Councilmember Coletti also provided a draft City Council Policy to establish the nomination procedure for appointing the Mayor Pro Tempore which is attached to this Agenda Report. The City Attorney has reviewed the draft City Council Policy and has no recommended changes to this draft City Council Policy. Therefore, the recommendation is for the City Council to adopt the proposed City Council Policy to establish the nomination procedure for appointing the Mayor Pro Tempore.
OPTIONS
Do not adopt the Proposed Ordinance and Proposed Policy.
FINANCIAL IMPACT:
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There is no fiscal impact to enactment of the Ordinance.
GOAL ALIGNMENT: Not Applicable.
Attachments
1 - Proposed Draft Ordinance
2 - Proposed Companion Council Policy
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- 1 -
Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
ORDINANCE NO. 2023 – xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PACIFIC GROVE AMENDING
CHAPTER 2.05 OF THE PACIFIC GROVE MUNICIPAL CODE
CODIFYING THE MAYOR PRO TEMPORE’S ROLE
AND APPOINTMENT
FACTS
1. The City of Pacific Grove became a Charter City on April 22, 1927.
2. The Pacific Grove Charter, in Article 11, currently provides, in part: “The Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.”
3. No specific implementation regarding the role and appointment of the Mayor pro tempore is currently provided in the Pacific Grove Charter, the Municipal Code, or in Council Policies.
4. Codifying the role and appointment of the Mayor pro tempore supports compliance with Charter Article 11, and better defines Council’s organizational structure.
5. The Pacific Grove Municipal Code (PGMC) sets forth rules regarding Administration and City Government in Title 2. Chapter 2.05 sets forth processes related to the Mayor.
6. This ordinance does not constitute a Project as that term is defined by Section 15378 of the California Environmental Quality Act (CEQA) as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. Facts.
The facts set forth above are true and correct and are adopted as findings of the City Council as though set forth fully within the body of this ordinance.
SECTION 2. Amendment of Pacific Grove Municipal Code to Add Section 2.05.050 Section 2.05.050 Mayor pro tempore role and appointment (a) Pursuant to Article 11 of the city charter the Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor.
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- 2 -
Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
(b) The Mayor pro tempore shall act as Mayor during the absence or disability of the Mayor and shall possess the powers and discharge the duties of the Mayor during such absence or disability only; provided, however, that the Mayor pro tempore shall have no authority to appoint persons to serve on any City Board, Committee, or Commission.
(c) At the meeting at which the declaration of the election results for a general municipal election is made, the City Council shall by election appoint one of its members as Mayor pro tempore, who shall serve in such capacity at the pleasure of the City Council. The procedure for nominating the Mayor pro tempore shall be prescribed by City Council Policy.
(d) If the Mayor and the Mayor pro tempore are absent from a meeting, the City Council shall elect an attending member to preside over such meeting.
SECTION 3. Interpretation.
This Ordinance shall be liberally construed to implement its purposes.
SECTION 4. Severability.
If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 5. Effective Date.
In accord with Article 15 of the City Charter, this ordinance shall take effect thirty (30) days following adoption on second reading by the City Council.
SECTION 6. No Sunset Date.
This ordinance shall have continuing effect and shall not expire.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE THIS ____ day of ____________, 2023, by the following vote:
AYES:
NOES:
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Ordinance – PGMC Chapter 2.05 – Mayor Pro Tempore
ABSENT:
APPROVED:
____________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN PIERIK, City Attorney
U:\GENERAL (NEW)\City of Pacific Grove\Ordinances\Mayor Signature Ord\Contract Signature Ordinance - (draft).doc PGCC 2-15-23
City of Pacific Grove, California
City Council Policy
Policy Governing Policy No. Effective Date Page
Nomination of the Mayor Pro Tempore 000-28 1 of 1
PURPOSE:
This policy establishes the nomination procedure for appointing the Mayor pro tempore.
POLICY & PROCEDURE:
1. Nomination of the Mayor pro tempore
Pursuant to PGMC Section 2.05.050(c) The procedure for nominating the Mayor pro tempore shall be prescribed by City Council Policy.
2. Nomination Procedure
• The choice of Mayor pro tempore must be by four (4) affirmative votes. • Any single Councilmember can nominate another member, including themself, to be chosen as Mayor pro tempore.
• Multiple nominations can be made, until a motion to close nominations is made, and seconded, and receives a majority vote.
• Upon the close of nominations, Councilmembers – by roll call – are asked to cast a single vote by the name of a candidate.
• If one nominee receives four (4) affirmative votes, that person is deemed chosen as Mayor pro tempore.
• If no single candidate receives four (4) affirmative votes, a new round of nominations is made, and the process is repeated until one candidate receives four (4) affirmative votes.
Adopted ______________ - Minute Motion
Amended _____________ – Minute Motion
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Agenda No. 11 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: February 15, 2023
SUBJECT: Fiscal Year 2022-23 Mid-Year Budget Modifications and First Reading of an Ordinance Amending the Fiscal Year 2022-23 Budget
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Request the City Attorney read the title of the ordinance;
2. Motion to waive further reading of the ordinance;
3. Introduce and hold first reading of an ordinance amending the Fiscal Year 2022/23 Operating and Capital Improvement Budget; and
4. Direct that publication of the ordinance will be satisfied by publication of a summary approved by the City Attorney.
DISCUSSION
The City Council approved the Fiscal Year 2022-23 Budget on June 15, 2022. It is customary at this time of the fiscal year to amend the current budget to reflect any updates to revenues and expenditures.
The City Council’s approval is needed to amend the budget. An ordinance reflecting those changes, as well as an overview of significant changes are included in this agenda report. Supplementary information related to the General Fund, as well as to other funds are included in Attachments 1-4.
Additional details will also be provided during the presentation.
GENERAL FUND
During the few months of Fiscal Year 2021/22, the City's primary revenues were demonstrating strong performance, with most receipts exceeding mid-year projections. The Fiscal Year 2022-23 Budget was developed with conservative optimism, with assumptions that reflected more traditional growth. The Adopted General Fund Budget includes $800,000 in American Rescue Plan Act (ARPA) Funds to supplement operating revenues. The remaining ARPA receipts of $1,049,000 were appropriated from the ARPA Fund to support additional Council priorities.
At the time the budget was adopted, it was anticipated that there would be a Fiscal Year 2022-23 General Fund net operating difference of ($31,490). When this is applied to the Fiscal Year 2022/23 beginning unassigned fund balance, the City was estimated to end the year with approximately $12.0 million. The budget was adjusted for key unexpended contracts, purchases, and grants that were carried PGCC 2-15-23
forward into Fiscal Year 2022-23; and later amended to purchase a new fire engine and fund additional legal services. It is anticipated that the Fiscal Year 2022-23 General Fund unassigned ending fund balance will be approximately $11.3 million. This is approximately $1 million above the reserve level requirements. These unprogrammed funds are primarily the result of budgetary savings, increased revenues in the prior fiscal year that contributed to a greater than anticipated beginning fund balance; and increased revenue performance in the current year. The additional drawdown from fund balance of $745,906, predominantly reflects the purchase of a new fire engine. A table reflecting the projected change in the budget, along with key variances is listed in the subsequent table, with details included in Attachment 1.
General Fund Balance Projections
FY 22/23
Adopted
FY 22/23
Amended
FY 22/23
Mid-Year Est.
Actual Beginning Fund
Balance $ 12,010,279 $ 12,010,279 $ 12,010,279
Estimated Revenues 30,380,119 30,395,069 31,253,000
Estimated Expenses 30,411,609 31,855,301 31,998,906
Net Operating Difference ($31,490) (1,460,232) ($745,906) Estimated Ending Fund
Balance $ 11,978,789 $ 10,550,047 $ 11,264,373
Revenues
The mid-year projections include an estimated increase in revenues of approximately $858,000 when compared to the Amended Budget. This includes greater than anticipated tax receipts in the amount of approximately $757,000, with net increases of $101,000 in other categories. While there is a projected $520,000 increase in transient occupancy taxes, this is primarily driven by building upon the prior year's strong performance, with $133,000 of the projected amount attributed to growth within this fiscal year.
All revised estimates are based on current trends, with sales tax adjusted based on revised estimates from the City's sales tax consultant HdL and internal projections. These estimates include Measure A tax revenues for three-quarters of the fiscal year.
Expenditures
Expenses are initially projected to be approximately $143,000 greater than anticipated, with $100,000 of the increase related to a new a Coastal Commission Grant. The grant expenditures are offset by an increase in Intergovernmental Revenues. Additional adjustments include $152,351 for a true-up of prior year fire contract costs, adjustments to legal expenditures, a new actuarial report to evaluate the impact of salary increases on the City's unfunded pension liability; and consulting services to facilitate Council goal setting.
The budget also includes additional capital outlay requests for new Council Chamber chairs, outfitting a police vehicle, and replacing parking meters. A reduction in transfers is primarily related to the timing of proceeds from a Promissory Note of $151,550 that were received and transferred to the Local Water Project in the prior fiscal year.
As part of the mid-year budget, staff is requesting the following position changes, that would result in PGCC 2-15-23
an increase of 1.50 positions:
Addition of a half-time Community Service Officer (CSO) to establish a full-time CSO to provide additional departmental support and assist with wildlife protection efforts. (0.50 FTE) Addition of a 0.250 Information Technology Support Specialist to establish a full-time IT Support Specialist to provide technical support for City Boards, Commissions, and Committee Meetings; as well as assist with technology initiatives and public facing systems. (0.25 FTE) Addition of a three-quarter time Office Assistant to the Recreation Department to provide administrative support; and allow the Recreation Manager to focus on programs (0.75 FTE) Retain unexpended funding for the Recreation Department to expand summer programs Additional reclassifications and adjustments are included in Attachment 2.
OTHER FUNDS
Listings of all projected changes to revenues and expenditures within Other Funds are included in Attachments 3 and 4. To facilitate stronger budgetary management, staff would like to amend the budget to reflect the identified changes. None of the changes represented would result in negative available fund balances.
These estimates do not include a potential proposed adjustment for recycled water fees that may increase the Local Water Project revenues; and increase the Cemetery and Golf Course expenditures. If this adjustment is made as part of an update to the Master Fee Schedule, a budget amendment will be brought forward at that time.
OPTIONS
1. Make no adjustments
2. Provide alternate direction to staff
FINANCIAL IMPACT:
The modifications to the General Fund are anticipated to result in a drawdown of unassigned fund balance in the amount of $745,906. This is primarily related to the purchase of a new fire engine. This is projected to result in an estimated ending unassigned General Fund balance of approximately $11.3 million. This places the estimated ending fund balance $1 million above the City's updated reserve threshold of $10.2 million.
The combined net change to all other funds is $1.3 million.
GOAL ALIGNMENT: Not Applicable.
Attachments
General Fund Overview
Summary of Position Requests
Other Fund Revenues
Other Fund Expenditures
Budget Amendment Ordinance
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FY 22/23 Adopted FY 22/23 Amended FY 22/23 Mid-Year
Difference from
Amended
Beginning Fund Balance $ 12,010,279 $ 12,010,279 $ 12,010,279 Revenues
Property Taxes $ 8,840,000 $ 8,840,000 $ 9,102,000 $ 262,000 (1) TOT and Licenses 5,962,000 5,962,000 6,482,000 520,000 (2) Sales and Use Tax 5,616,000 5,616,000 5,564,000 (52,000) Franchise and Utility User Taxes 3,475,000 3,475,000 3,520,000 45,000 Business Licenses 322,000 322,000 365,000 43,000
Other Taxes 237,000 237,000 176,000 (61,000)
License, permits, and impact fees 1,045,000 1,045,000 987,000 (58,000) Intergovernmental Revenues 292,382 292,382 401,000 108,618 (3) Charges for Services 1,928,000 1,928,000 2,061,000 133,000 (4) Fines and Forfeitures 49,000 49,000 106,000 57,000
Interest, rents, and concessions 310,000 310,000 378,000 68,000 Other revenues 1,503,737 1,518,687 1,311,000 (207,687) (5) Other revenues - ARPA 800,000 800,000 800,000 -
Transfers - - - -
$ 30,380,119 $ 30,395,069 $ 31,253,000 $ 857,931
Expenditures - - - -
Departments
City Council $ 385,227 $ 435,227 $ 646,831 211,604 (6)
City Manager 1,230,107 1,243,756 1,223,495 (20,261)
Economic Development 124,833 124,833 203,677 78,844 (7) City Attorney 762,100 812,100 711,100 (101,000) (8)
Finance 1,392,325 1,476,067 1,443,702 (32,365)
Information Systems 870,666 951,166 914,389 (36,777)
Community Development 2,813,339 2,913,339 2,912,968 (371) Police 7,928,629 7,895,899 7,925,586 29,687
Fire 4,246,200 4,246,200 4,365,373 119,173 (9)
Public Works 4,239,165 4,320,643 4,296,703 (23,940)
Library 1,125,728 1,125,728 1,116,332 (9,396)
Recreation 920,638 920,638 905,065 (15,573)
Museum 314,500 314,500 325,500 11,000
Capital Outlay 145,000 1,162,053 1,244,221 82,168 (10)
Capital Project Transfers 575,000 575,000 575,000 -
Debt Service 2,237,415 2,237,415 2,239,777 2,362
Interfund Transfers 1,100,737 1,100,737 949,187 (151,550) (11) Total $ 30,411,609 $ 31,855,301 $ 31,998,906 $ 143,605
Net Difference $ (31,490) $ (1,460,232) $ (745,906) $ 714,326 Estimated Ending Fund Balance $ 11,978,789 $ 10,550,047 $ 11,264,373 Reserve Calculation
Expenditures applicable to policy $ 28,590,872 $ 29,017,511 $ 29,230,498 Policy percentage - 35% $ 10,006,805 $ 10,156,129 $ 10,230,674 Difference from policy $ 1,971,984 $ 393,918 $ 1,033,699 (1) Projected increase based on the first property tax disbursement. (2) TOT increased significantly during the last half of Fiscal Year 21/22. This adjustment reflects the higher base, as well as current trends. (3) Receipt of a $100,000 Coastal Commission Grant, which has corresponding expenditures in the Community Development Department budget. (4) Various increases, which include a single receipt of approximately $100,000 in Planning Fees, net of changes within other categories. (5) Reduction for $151,550 in promissory note proceeds for water entitlement sales that were received in the prior year; and misc. revenues. (6) Council proposed actuarial services to evaluate the impact of salary increases $25,000, Council goals consultant, and various closed session legal agreements. (7) Moved $39,999 from the City Manager for HdL Economic Development (ED) Services, $25,000 for ED consultant, and misc. adjustments. (8) Reflect the estimated amount of special legal services needed through the end of the fiscal year. (9) Includes a $152,351 invoice for the prior year true-up of fire contract services, net of other adjustments. (10) Primarily $43,500 for new Council Chamber chairs, $23,000 for Police vehicle outfitting, and $19,000 for parking meter replacements. (11) Includes a reduction of $151,550 in water entitlement transfers to the Local Water Project, which took place in the prior year.
Mid-Year Budget Estimates
Notes:
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Fiscal Year 22/23 Mid-Year Position Requests
CURRENT POSITION AUTHORIZATION PROPOSED POSITION AUTHORIZATION TIME BUDGET UNIT CHANGE IN FTE
FY 22/23 APPLICABLE
COSTS
ESTIMATED ANNUAL
COSTS
FINANCE DEPARTMENT (1)
MANAGEMENT ANALYST (0.75) SENIOR ACCOUNTING ASSISTANT (1.00) F 131 0.44 10,007 30,022 ACCOUNTANT SENIOR ACCOUNTANT F 131 - 4,201 12,602
SENIOR ACCOUNTING ASST (ALLOCATION ONLY) F 131 (0.15) (4,996) ($14,987) FINANCE MGR/DEPUTY (ALLOCATION ONLY) F 131 (0.15) (8,805) ($26,414)
0.14 $408 $1,223
INFORMATION TECHNOLOGY DEPARTMENT
IT SUPPORT SPECIALIST IT SUPPORT SPECIALIST F 133 0.25 $6,037 $18,111 POLICE
POLICE RECORDS SUPERVISOR MANAGEMENT ANALYST F 301 - $6,520 $19,560 POLICE SERVICES TECH II PROPERTY & EVIDENCE TECH F 301 - $1,395 $4,185 ADMINISTRATIVE SERVICES MANAGER / PIO POLICE COMMANDER F 301 - $2,500 $7,500 COMMUNITY SERVICE OFFICER (HALF-TIME) COMMUNITY SERVICE OFFICER (FULL-TIME) F 301 0.50 $18,178 $54,535
0.50 $28,593 $85,780
RECREATION
SEASONAL/PART-TIME SALARIES SEASONAL/PART-TIME SALARIES P 421 - - $40,000 (ADDITIONAL FUNDING TO SUPPORT VARIOUS TEMPORARY POSITIONS - FUNDING AVAILABLE THROUGH EXISTING BUDGET) OFFICE ASSISTANT F 421 0.75 $17,240 $51,721
0.75 $17,240 $91,721
COMBINED CHANGES TO THE GENERAL FUND 1.64 52,278 196,835 CEMETERY (1)
OFFICE ASSISTANT (TWO HALF-TIME POSITIONS) OFFICE ASST. (CONSOLIDATE TO A BENEFITTED 3/4 TIME POSITION) P 611 (0.25) ($126) (378) MANAGEMENT ANALYST (ALLOCATION ONLY) F 611 0.10 $3,602 $ 10,806 COMBINED CHANGES TO THE CEMETERY FUND (0.15) $3,476 $ 10,428 WORKERS COMPENSATION AND RISK MANAGEMENT FUNDS (1)
MANAGEMENT ANALYST (ALLOCATION ONLY) F 702 (0.10) ($3,602) (10,806) MANAGEMENT ANALYST (ALLOCATION ONLY) F 701, 702 (0.19) ($7,224) (21,673) SENIOR ACCOUNTING ASST (ALLOCATION ONLY) F 701 0.15 $4,996 $14,987 FINANCE MGR/DEPUTY (ALLOCATION ONLY) F 701, 702 0.15 $8,805 $26,414 COMBINED CHANGES TO THE WORKERS COMP. AND RISK MANAGEMENT FUNDS 0.01 2,974 $8,922 COMBINED CITY-WIDE POSITION CHANGES 1.50 58,729 $216,186 -
(1) Several Finance Department staff have hours allocated to the General, Cemetery, Risk Management, and Workers Compensation Funds. The combined adjustments associated with these positions do not result in an increase in the number of positions. The combined cost of the Finance Department position allocations and proposed changes is $20,573, with $1,223 allocated to the General Fund.
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FUND
AMENDED
BUDGET
MID-YEAR
ESTIMATE DIFFERENCE NOTES
06 - State Franchise PEG 59,500 52,000 (7,500) Adjustment to reflect current revenue patterns. 07 - Library Bldg & Equip Fund 170,025 200,825 30,800 Primarily related to receipt of Laws Local History Fund grant 08 - Museum Improvement Fund 3,000 4,200 1,200 Miscellaneous budgetary adjustments 09 - Downtown Business District 24,000 34,300 10,300 Adjustment based on receipting patterns 10 - Hospitality Imprvmt District 500,000 475,750 (24,250) Adjustment based on receipting patterns 11 - Library Book Fund 40,000 44,672 4,672 Adjustment based on receipting patterns 12 - Fire Emerg. Equip Fund 19,650 20,350 700 Miscellaneous budgetary adjustments 15 - Housing Fund 75,000 192,000 117,000 Reflects repayment of housing loans and related interest 18 - Gas Tax Fund 447,875 374,951 (72,924) Adjustment based on revised State estimates. 20 - RSTP-(TAMC) 1,000,000 1,082,430 82,430 Anticipated grant revenues to support new projects. 21 - Drug Awareness (DARE) 1,150 1,020 (130) Miscellaneous budgetary adjustments. 24 - Stillwell Children'S Pool 400 500 100 Miscellaneous budgetary adjustments. 25 - Recreation Donation Fund 1,300 1,400 100 Miscellaneous budgetary adjustments. 27 - Lighthouse Maint.& Impv. 97,250 48,500 (48,750) Adjustment for minimal activity in first part of year. 28 - Senior Housing Fund - 100 100 Miscellaneous budgetary adjustments. 30 - Operating Grants 20 10 (10) Miscellaneous budgetary adjustments. 31 - Operating Donations 3,600 1,600 (2,000) Adjustment based on current receipting patterns. 40 - Poetry Promotion Fund 36,120 35,620 (500) Miscellaneous budgetary adjustments. 42 - Pub Safety Aug Fund 376,500 375,000 (1,500) Miscellaneous budgetary adjustments. 43 - SLESF Fund 248,000 267,000 19,000 Receipt of $20,000 State grant. 45 - Abandoned Vehicle Program 12,250 12,200 (50) Miscellaneous budgetary adjustments. 47 - RMRA Fund 355,638 325,978 (29,660) Adjustment to reflect receipting patterns. 70 - Emp Benefit Fund 341,050 345,568 4,518 Increased employee deposits in flexible health care spending. 71 - Workers Comp Fund 746,600 789,384 42,784 Aligned with transfers as part of payroll processing. 72 - Liability Ins Fund 543,000 555,500 12,500 Primarily related to reimbursable legal fees. 74 - Local Water Project 1,451,737 1,356,187 (95,550) Primarily due to $151,550 in water entitlement transfers that were received and transferred in the prior year.
75 - Cemetery Fund 636,750 672,800 36,050 Increased sales and related services. 76 - Sewer Fund 4,313,135 4,316,666 3,531 Recognition of additional one-time fee. 77 - Golf Fund 386,500 797,500 411,000 Reflects receipt of percentage-based revenue and performance. 78 - Sewer Lateral Loans 11,500 12,700 1,200 Miscellaneous budgetary adjustments. 85 - Library Trust Fund 2,500 5,500 3,000 Adjustment to reflect current receipting patterns. 86 - Cemetery Endowment Fund 64,000 95,000 31,000 Increased sales and services, with corresponding endowments. 90 - Yount Nonexpendable Fund 7,500 5,000 (2,500) Adjustment to align with expected interest. $ 17,686,193 $ 18,212,854 $ 526,661
OTHER FUNDS - REVENUE ADJUSTMENT SUMMARY
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FUND
AMENDED
BUDGET
MID-YEAR
ESTIMATE DIFFERENCE NOTES
04 - Hyperbaric Chamber 22,000 22,345 345 Miscellaneous budgetary adjustments. 06 - State Franchise PEG 53,000 59,000 6,000 Budgetary adjustments to equipment. 07 - Library Bldg & Equip Fund 149,825 179,825 30,000 Expenditures related to new Laws Local History Fund grant. 09 - Downtown Business District 24,000 34,000 10,000 Pass through amount, aligned with estimated revenues. 10 - Hospitality Imprvmt Dist. 500,000 474,390 (25,610) Pass through amount, aligned with estimated revenues. 11 - Library Book Fund 40,000 - - 44,182 4,182 Revised estimate for printed materials. 15 - Housing Fund 216,181 187,721 (28,460) Net adjustment for position vacancies. 17 - Local Streets And Roads 1,110,961 1,556,478 445,517 Additional funding of $619,000 for the Fiscal Year 22/23 Street Rehabilitation Project, net of completed project savings. 18 - Gas Tax Fund 462,614 450,689 (11,925) Reductions for supplies and minor salary adjustments. 20 - RSTP-(TAMC) 1,000,000 332,430 (667,570) Addition of Stormwater and Flashing Beacon projects, net of a $750,000 reduction in annual planned spending on the Cedar, Sunset, and Congress intersection improvements.
21 - Drug Awareness (DARE) 292 700 408 Miscellaneous budgetary adjustments. 25 - Recreation Donation Fund 8,500 7,500 (1,000) Miscellaneous budgetary adjustments. 27 - Lighthouse Maint.& Impv. 155,708 124,791 (30,917) Reduction for position vacancies at the first part of the year. 40 - Poetry Promotion Fund 9,700 16,700 7,000 Increased miscellaneous property expenses. 41 - Yount Income Fund 16,929 12,929 (4,000) Adjustment for removal of allocated benefits. 43 - SLESF Fund 304,793 342,522 37,729 Increased grant and contract expenditures. 47 - RMRA Fund 664,566 604,806 (59,760) Updated for estimated year-end project expenditures. 63 - Capital Improvement Fund 2,550,245 75000 1,857,393 75000 (692,852) The variance is primarily related to a $376,000 revision for the Public Works Fire Project; and reductions in the $374,000 remaining project budget that was carried forward for the Point Poinos Coastal Trail Project.
Only approx. $60,000 is needed in this year.
70 - Emp Benefit Fund 341,000 362,062 21,062 Increased health insurance contributions. 71 - Workers Comp Fund 751,264 814,482 63,218 Estimated increase in claims expense. 72 - Liability Ins Fund 544,239 582,747 38,508 Increased insurance premiums and reimburseable legal costs. 74 - Local Water Project 1,373,448 1,592,536 219,088 Increased utility costs and contract expenditures associated with operator agreement.
75 - Cemetery Fund 576,258 605,669 29,411 Increased utility costs of $25,000 and other net budgetary updates. 76 - Sewer Fund 4,348,574 4,161,871 (186,703) Completed project savings of $90,000; and a $90,000 reduction to the estimated year-end project expenditures.
77 - Golf Fund 332,097 427,500 95,403 Primarily attributed to approx. $64,000 for est. capital improvement contributions and $25,000 for study.
84 - American Rescue Plan (ARPA) 2,111,524 2,005,199 (106,325) Chataqauqua Hall Preservation Plan placed on hold at $25,000; with carryforward of $81,325 related to the Purple Pipe Project. 19,013,482 18,206,231 (807,251)
OTHER FUNDS - EXPENDITURE ADJUSTMENT SUMMARY
PGCC 2-15-23
ORDINANCE NO. xx-xxx
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
ADOPTING THE OPERATING AND CAPITAL PROJECTS BUDGET FOR THE FISCAL YEAR (FY) 2022-23
FACTS
1. The City Council approved the Fiscal Year 2022-23 Budget on June 15, 2022.
2. It is customary to amend the budget to adjust revenues and expenditures to reflect updated information since the adoption of the Fiscal Year 2022-23 Budget.
3. The City Manager is recommending amendments to the Fiscal Year 2022-23 Budget to reflect the City Council goals for the fiscal year budget.
4. The Council has determined it is appropriate to amend the approved budget for FY 2022-23.
5. Pursuant to Charter Article 15, an amendment of the budget must be approved by ordinance.
6. A summary of the Ordinance, approved by the City Attorney, was published on ___________.
7. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq.
8. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378 because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing facts are adopted as findings of the City Council as set forth fully within the body of this ordinance.
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SECTION 2. The revenue budget for the following funds is amended, as stated herein, which by this reference are incorporated as set forth in its entirety.
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SECTION 3. The expenditure budget for the following funds is amended, as stated herein. Which by reference are incorporated as set forth in its entirety.
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SECTION 4. The Fiscal Year 2022/23 estimated fund balances based on this adjustment, are referenced herein (1):
(1) The estimated ending “available” fund balance for the enterprise funds, are as follows: Local Water Project at $25,807; Cemetery Fund at $720,122; Sewer Fund at $6,435,156; Golf Fund at $512,872.
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SECTION 5. In accord with Article 15 of the City Charter, this ordinance shall become effective upon adoption hereof.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 1 st
day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN A. PIERIK, City Attorney
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Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Bill Peake, Mayor, Luke Coletti, Councilmember
MEETING DATE: February 15, 2023
SUBJECT: Golf Course
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Direct City Manager to return to Council with agreement to hire Pro Forma Advisors, LLC to
1. conduct a golf course financial analysis (pro forma) and
2. provide golf course lease recommendations.
DISCUSSION
BACKGROUND
October 7, 2020 – D. Gho presented a Local Water Project (LWP) update and recommended simultaneously pursuing renegotiating the golf course lease agreement with CourseCo and leasing the LWP facility. Council did not endorse a LWP lease.
August 4, 2021 – Closed session Conference with Real Property Negotiators Property: 77 Asilomar (Pacific Grove Golf Links) and 1313 Ocean View Blvd. (LWP). Staff provided an update. Council directed staff to hire a consultant to analyze the LWP financial operation and bring back recommendations as to what is required for break-even operations.
October 20, 2021 – D. Gho recommended the City enter into an agreement with DTA to evaluate the costs, revenue needs, and break-even calculations included in the City’s Draft Local Water Project Business Plan, for a cost not to exceed $12,500. Council approved on consent.
May 4, 2022 – D. Gho presented DTA’s Peer Review of LWP Business Plan (attachment 1). Council:
approved a loan repayment plan for the Sewer Fund Interfund Loan and request that Public Works and Finance Departments provide a report on the LWP income and expenses every six months consistent with the investment portfolio rates with interest paid on a quarterly basis. authorized staff to begin negotiations with CourseCo. regarding the contract, not limited to new rates, and return to Council within three months with the results of said negotiations.
August 17, 2022 – Closed session Conference with Real Property Negotiators Property: 77 Asilomar, Pacific Grove (Pacific Grove Golf Links). No reportable action was taken.
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FACTS
1. LWP cost of recycled water is $0.030 per gallon.
2. LWP revenue is $.018 per gallon.
3. LWP operates at an annual loss of $205,000.
4. LWP utility costs are significantly higher than projected in the DTA Break Even Analysis.
5. 80% LWP recycled water goes to golf course.
6. Golf course is operated by CourseCo with lease ending September 30, 2029.
7. CourseCo is a good golf course operator and leasee.
8. Lease payments consist of two components: base and percentage.
9. Base rent is $325,000 increasing $5,000 per year.
10. Percentage rent was $0 for years 2015-2020 and $256,460 for 2021.
11. Lease amendment contains water payment clauses.
DISCUSSION
Recent golf course meetings were held with City Managers (Harvey, Hannah, and Gho) and City Attorney Pierik on the dates listed below. Councilmembers in attendance were Tomlinson (until end of her office) and Coletti and Mayor Peake. The meetings were held to discuss status and direction of the golf course lease (attachments 2&3), finances, utility costs (attachment 4), water usage, and water sources.
September 9, 2022
October 4, 2022
October 28, 2022
January 20, 2023
Since September 2022 we have obtained, with staff assistance, additional information on the golf course and LWP. This information provided new insights and led to questioning how PG’s golf course finances compare to other municipal golf courses in California, and what is the golf industry outlook? A report by Pro Forma Advisors, LLC (attachment 5) describes just this type of study. A study can provide Council and Staff with expert analysis necessary to make informed golf course decisions. We believe this company is well, if not the best, qualified to provide this specialized service (attachment 6).
The scope of work would include:
Prepare a description of Pacific Grove Golf Links (PGGL) facilities and historical operating review.
Provide an overview of the golf market, including national and regional demographics and trends.
Complete a comparative performance review of regional golf courses, including rounds of play, average revenue per round, revenues, and operational costs including maintenance.
Describe and compare various operating models employed by municipal golf courses in California, including PGGL.
Review the economics of alternative operating models related to PGGL (confidential).
From City staff’s perspective, there are some risks with proceeding with Pro Forma Advisors (or other vendor). Specifically: This action could be seen as “hostile” by CourseCo (it’s an evaluation of their operations), and they may elect to cease bargaining with the City regarding proposed amendments to the current lease.
OPTIONS
Do nothing.
Provide alternate direction.
FINANCIAL IMPACT:
ProForma, LLC indicated that the study should not go above $25,000; however, it would be dependent PGCC 2-15-23
ProForma, LLC indicated that the study should not go above $25,000; however, it would be dependent upon the scope of work.
GOAL ALIGNMENT: Not Applicable.
Attachments
1 - Peer Review of City Business Plan Jan 7 2022
2 - Golf Course Lease Sept 17 2014
3 - Golf Course Lease Amendment #1 Dec 6 2016
4 - Local Water Project Utility Costs 2020-2022
5 - Evaluation of Operating Options Santa Barbara Golf Club Nov 2014 6 - Overview of ProForma LLCs qualifications
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www.FinanceDTA.com
Newport Beach | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa January 7, 2022
To: Tori Hannah
Daniel Gho
From: Andrea Roess, Managing Director, DTA
Steve Runk, Vice President Engineering, DTA
Subject: Peer Review of City Business Plan
The City of Pacific Grove (“City”) recently constructed a 0.250 MGD reclaimed water treatment plant (“Plant”) for the purpose of replacing potable water deliveries with reclaimed water to three principal customers, Pacific Grove Golf Links, El Carmelo Cemetery and Point Pinos Lighthouse landscaping. A detailed background of the existing physical and financial conditions of the reclaimed water system can be found in Pacific Grove Local Water Project Business Plan dated June 21, 2021 (“Business Plan”). City has asked DTA to conduct a peer review, consisting of: 1) an evaluation of the assumptions, methodology and calculations used to determine the proposed reclaimed water rate described in the Business Plan; and 2) provide a break-even rate analysis.
After review of the City’s Business Plan and rate analysis, DTA has determined that the City’s analysis of revenues and costs, debt service and available fund balances on an annual basis is rational, supportable and is consisted with industry practice. The City’s financial model follows closely with the recommendations of American Water Works Association (AWWA) Manual of Water Supply Practices, M1. Furthermore, DTA has determined that to achieve a sustained, breakeven operation, City must impose steep increases in early years to reach a rate level of over $0.03 per gallon with modest increases thereafter.
EVALUATION OF THE BUSINESS PLAN
City looked at proposed revenues and expected expenses through FY28/29 (Year 11) for seven different revenue and cost assumption scenarios. Scenarios I-VII considered various combinations of supplementary water entitlementsales and debt repayment of operating loans. An overview of the findings for the seven scenarios can be found in the “Alternatives” section of the Business Plan. A rate analysis for Scenario VI, titled LWP Proforma, Scenario VI, was provided by City (“rate model”). This rate model was subsequently updated by City to include actual operating costs for FY20/21 as well as adjustments for recent average water demand. This analysis included one-time water rights sales in years 4 through 8.
Also included are proceeds in year 3 from a $600,000 sewer fund loan, with loan repayments plus interest occurring in years 4 and 5. Operating costs were adjusted for inflation in subsequent years. Investment earnings on annual reserve balances included as a revenue source.
Revenues
The rate revenue in any given year is determined by multiplying the expected reclaimed water consumption, in gallons of reclaimed water, by the assumed rate, in dollars per gallon for that year. The expected consumption for each fiscal year is based on historical data and is discussed in the Business Plan. Other revenue shown in Scenario VI included one-time sales of water rights in years 4 through 8, and interest earned on fund balances.
Operating Expenses
Annual expenses such as contract services and utilities are based on actual costs incurred for FY20/21 and adjusted for inflation every year thereafter. In FY20/21 equipment repair and maintenance costs were incorporated into the contract services line item, in the amount of $21,000. Indirect costs are adjusted annually for inflation. Internal service charges are PG CC 5/4/22
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Peer Review January 7, 2022
assumed constant at $4,356 annually. Membranes have a useful life significantly greater than one year and therefore its replacement cost is considered a capital outlay.
Capital Outlay
Capital outlay costs, which include capital expenditures and membrane replacement, are identified in the Business Plan by fiscal year. In this model capital outlays occur in FY22/23 and FY 27/28. The remainder of the 30-year C.I.P. expenses occur in fiscal years beyond this study horizon. Funding for the capital outlay will be on a pay-as-you-go basis from the fund balances and therefore there will be no debt service related to capital outlays. The amount and timing of capital outlays are based on engineering estimates and are as shown in the Business Plan.
Debt Service
The rate model includes annual debt service payments for a State Revolving Loan of $206,448. In FY 21/22 and FY22/23 the project will repay a sewer fund loan of $600,000, with interest, in lump sum payments.
City Rate Increase Recommendations and Fund Balances
In Scenario VI the City proposes rate increases of 20% in Year 4 and Year 5, with 4% and 5% annual increases thereafter.
This will result in positive fund balances in year 4 and each year thereafter, with a positive fund balance of $423,300 in Year 11. A substantial fund balance in year 11 is necessary to assist in providing sufficient funds in later years to pay for the remainder of the C.I.P. program.
BREAK EVEN ANALYSIS
As stated in the Business Plan, the project has been operating at an annual loss. City Staff has asked DTA to provide an independent analysis of rates that assumes that 1) annual revenues will cover annual expenses, and 2) provide fund balances that can pay for capital improvements in the near term as well as establish a reserve fund that will assist in funding future capital improvements beyond the horizon of this analysis. For the purposes of DTA’s analysis, it is assumed that steep increases are imposed in the first two years to remove all annual negative operating balances, with modest increases thereafter. For instance, the attached model shows that rate increases of 35% and 21% in the first two years are required to prevent negative operating fund balances, and annual increases of 3% thereafter will build a fund balance of just under $500,000 in year 7 that will assist in meeting the C.I.P. requirements in later years.
Revenue, Expense and Debt Service Assumptions
DTA’s analysis uses the same annual water consumption and annual expense data shown in the City’s rate model discussed above. Also, the Capital Outlay expenses are repeated from the City’srate model. This analysisincludes annual debt service payments for a State Revolving Loan. The interfund transfer of $76,507 was provided by the General Fund and repayment was not required. In FY20/21 the project received a loan of $600,000 from the sewer fund, as well as $37,000 in temporary funds to assist with cash flow. City staff assumes that this will be repaid through other sources also, rather than operating revenues shown herein. This analysis also assumes that any water rights sales that occur during this study period are not made a part of this analysis.
Findings
Based on the above assumptions, DTA finds that rate increases of 35% in Year 4, 21% in year 5 and 3% per year in Years 6 through 11 are necessary to achieve positive fund balances from this point forward, while accumulating a fund balance of just under $500,000 by year 11, to be used to fund capital improvements in later years. Steep increases in Years 4 and 5 are necessary to increase the rate levels from 0.017 per gallon to around $0.03 per gallon by Year 8. A rate level of around $0.03 per gallon with modest annual increases thereafter will enable City to not only achieve a break-even operation but allow fund balances to accumulate so that by year 11 these balances can carry forward to help fund future C.I.P. projects.
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If the City choses to increase rates at a slower pace, the enterprise will continue to experience annual budget shortfalls, which will need to be offset by other sources.
BREAK EVEN ANALYSIS MODEL
Key Assumptions:
No water rights sales revenue Included in this model
Debt repayment for sewer fund loan made from other sources Interfund transfer repayment made from other sources
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
Cost per
gallon
$ 0.01721 0.0232 0.0281 0.0290 0.0298 0.0307 0.0316 0.0326 0.0336 Actual Actual 35.0% 21.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Beginning Fund Balance (326,361) (527,571) 311 21,003 77,924 250,740 436,308 635,624 849,180 237,954 Operating Revenues
Reclaimed Water 524,041 597,833 740,641 896,176 923,061 950,753 979,275 1,008,654 1,038,913 1,070,081 Interest Earned 421 - 107 495 1,643 3,435 5,360 7,424 5,436 Non Opereating Revenues
One Time Entitlement Sales
Interfund Transfers 76,507
Operating Loan Proceeds - 637,000 - - - - - - - -
Subtotal - Revenues 600,969 1,234,833 740,641 896,282 923,556 952,396 982,711 1,014,013 1,046,337 1,075,516 Expenses
Contract Services 356,606 335,610 345,678 356,049 366,730 377,732 389,064 400,736 412,758 425,141 Legal Services - - - - - - - - - -
Postage - - - - - - - - - -
Telephone - - - - - - - - - -
Utilities 206,168 138,317 142,467 146,741 151,143 155,677 160,347 165,158 170,112 175,216 Internal Service Charges 4,357 5,000 4,356 4,356 4,356 4,356 4,356 4,356 4,356 4,356 Indirect Costs 28,600 20,000 21,000 21,525 22,063 22,615 23,180 23,760 24,354 24,962 Equipment Repair - 1,576 - - - - - - - -
Misc. Expense - - - - - - - - - -
subtotal - Expenses 595,731 500,503 513,501 528,670 544,292 560,380 576,947 594,009 611,580 629,675 Net operating difference 5,238 734,330 227,140 367,612 379,264 392,016 405,763 420,004 434,757 445,841 Non-Operating:
Capital Outlay (104,243) (839,535)
Debt
Debt Service - State Loan (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) Repayment of Interfund Transfer - - - - - - - -
Debt Service - Sewer Loan -
sub total - Debt (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) (206,448) Net Revenue/Deficit (201,210) 527,882 20,692 56,921 172,816 185,568 199,315 213,556 (611,226) 239,393 Ending Fund Balance (527,571) 311 21,003 77,924 250,740 436,308 635,624 849,180 237,954 477,347 DTA Break Even Analysis
PG CC 5/4/22
192 of 210
PGCC 2-15-23
GOLF COURSE LEASE
Pacific Grove Golf Links
Landlord: City of Pacific Grove
Tenant: Pacific Grove Golf, LLC an affiliate of CourseCo, Inc Premises: 77 and 79 ASILOMAR AVENUE, LOCATED IN THE CITY OF PACIFIC GROVE,
CALIFORNIA
PGCC 2-15-23
CONTENTS
ARTICLE 1 BASIC LEASE INFORMATION .......................................................................................... 8 ARTICLE 2 DEFINITIONS ................................................................................................................. 10 ARTICLE 3 LEASE OF PREMISES AND PERSONAL PROPERTY ......................................................... 17
3.1 Lease .................................................................................................................................... 17
3.2 Condition of Premises ......................................................................................................... 17
3.3 Personal Property ................................................................................................................ 17
3.4 Personal Property As-ls ....................................................................................................... 18
3.5 Golf Carts ............................................................................................................................. 18
3.6 Advance Deposits ................................................................................................................ 18
3.7 Resale Inventory .................................................................................................................. 18 ARTICLE 4 TERM; OPTIONS TO EXTEND ........................................................................................ 19
4.1 Term of Lease ...................................................................................................................... 19
4.2 Extension Options ............................................................................................................... 19 ARTICLE 5 RENT ............................................................................................................................. 19
5.1 Base Rent ............................................................................................................................. 19
5.2 Adjustments to Base Rent ................................................................................................... 20
5.3 Percentage Rent .................................................................................................................. 20
5.4 Late Charge .......................................................................................................................... 21
5.5 Default Interest ................................................................................................................... 21 ARTICLE 6 TAXES, ASSESSMENTS AND OTHER EXPENDITURES .................................................... 21
6.1 Taxes and Assessments, Licenses, Permit Fees and Liens .................................................. 21
6.2 Other Expenditures ............................................................................................................. 22
6.3 Evidence of Payment of Taxes ............................................................................................ 23 ARTICLE 7 USE; COVENANTS TO PROTECT PREMISES AND CITY FACILITIES ................................. 23
7.1 Tenant's Permitted Use ....................................................................................................... 23
7.2 Covenants Regarding Use .................................................................................................... 23 ARTICLE 8 CAPITAL INVESTMENT; IMPROVEMENTS .................................................................... 25
PGCC 2-15-23
8.1 Tenant's Capital Investment ................................................................................................ 25
8.2 Construction of Improvements ........................................................................................... 25
8.3 Capital Improvement Program ............................................................................................ 26
8.4 Disruption of Play due to Capital Projects .......................................................................... 27 ARTICLE 9 REPAIRS AND MAINTENANCE ...................................................................................... 27
9.1 Tenant's Responsibility for Maintenance and Repair ......................................................... 27
9.2 Utilities; Roads ..................................................................................................................... 27
9.3 Maintenance Standards ...................................................................................................... 27 ARTICLE 10 LI ENS .......................................................................................................................... 28 ARTICLE 11 COMPLIANCE WITH LAWS ......................................................................................... 28
11.1 Compliance with Laws ....................................................................................................... 28
11.2 Regulatory Approvals ........................................................................................................ 28 ARTICLE 12 FINANCING; ENCUMBRANCES; SUBORDINATION ..................................................... 28
12.1 Encumbrance of Landlord's Fee Interest .......................................................................... 28 ARTICLE 13 DAMAGE, DESTRUCTION OR ROAD CLOSURE ........................................................... 29
13.1 Insured Damage or Destruction to the Premises or Improvements ................................. 29
13.2 Uninsured or Underinsured Damage or Destruction ........................................................ 29
13.3 Abatement in Rent ............................................................................................................ 29
13.4 Waiver ............................................................................................................................... 30 ARTICLE 14 EMINENT DOMAIN ..................................................................................................... 30
14.1 General .............................................................................................................................. 30
14.2 Total Taking; Automatic Termination ............................................................................... 30
14.3 Partial Taking ..................................................................................................................... 30
14.4 Collection and Distribution of Condemnation Awards ..................................................... 31
14.5 Temporary Taking .............................................................................................................. 32
14.6 Award of Subtenants ......................................................................................................... 32
14.7 Participation in Eminent Domain Process ......................................................................... 33
14.8 Eminent Domain Proceeds Initiated by City ..................................................................... 33
14.9 Reversion to United States of America ............................................................................. 33
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ARTICLE 15 ASSIGNMENT AND SUBLETTING ................................................................................ 33
15.1 Assignment ........................................................................................................................ 33
15.2 Notice of Proposed Transfer ............................................................................................. 33 ARTICLE 16 DEFAULT; REMEDIES .................................................................................................. 34
16.1 Events of Default ............................................................................................................... 34
16.2 Remedies ........................................................................................................................... 34 ARTICLE 17 WAIVER OF CLAIMS; INDEMNIFICATION ................................................................... 36
17.1 Waiver of Claims ............................................................................................................... 36
17.2 Tenant's Indemnity ........................................................................................................... 36 ARTICLE 18 INSURANCE ................................................................................................................ 36
18.1 Tenant's Insurance ............................................................................................................ 36
18.2 General Requirements ...................................................................................................... 37
18.3 Proof of Insurance ............................................................................................................. 38
18.4 Review of Insurance Requirements .................................................................................. 38
18.5 No Limitation on Indemnities ............................................................................................ 39
18.6 Lapse of Insurance ............................................................................................................. 39
18. 7 Tenant's Personal Property ............................................................................................... 39
18.8 City's Self Insurance .......................................................................................................... 39
18.9 Waiver of Subrogation ...................................................................................................... 39 ArnCLE~ACTIB~CITT .......................................................................................................... 39
19.1 Access to Premises by City ................................................................................................ 39 ARTICLE 20 ESTOPPEL CERTIFICATES ............................................................................................ 40 ARTICLE 21 SURRENDER OF THE PREMISES .................................................................................. 40 ARTICLE 22 HAZARDOUS MATERIALS ........................................................................................... 41
22.1 No Hazardous Materials .................................................................................................... 41
22.2 Tenant's Environmental Indemnity ................................................................................... 41
22.3 Landlord's Environmental Indemnity ................................................................................ 42 ARTICLE 23 SECURITY DEPOSIT ..................................................................................................... 42 ARTICLE 24 GENERAL PROVISIONS ............................................................................................... 42
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24.1 Notices; Reasonable Approvals ......................................................................................... 42
24.2 Amendments ..................................................................................................................... 43
24.3 Authority ........................................................................................................................... 43
24.4 Interpretation of Lease ...................................................................................................... 43
24.5 Successors and Assigns ...................................................................................................... 43
24.6 Brokers .............................................................................................................................. 44
24.7 Severability ........................................................................................................................ 44
24.8 Governing Law ................................................................................................................... 44
24.9 Entire Agreement .............................................................................................................. 44
24.10 Attorneys' Fees and Costs ............................................................................................... 44
24.11 Holding Over .................................................................................................................... 45
24.12 Cumulative Remedies ...................................................................................................... 45
24.13 Transition Procedures ..................................................................................................... 45
24.14 Survival of Indemnities .................................................................................................... 46
24.15 Relationship of Parties .................................................................................................... 46
24.16 Transfer by City ............................................................................................................... 46
24.17 Non-Liability of City Officials, Employees and Agents .................................................... 46
24.18 Consents, Approvals, Elections and Options ................................................................... 46
24.19 Counterparts ................................................................................................................... 47
24.20 Waiver. ............................................................................................................................ 47
24.21 Voluntary Agreement; Authority to Execute .................................................................. 47
PGCC 2-15-23
GOLF COURSE
Landlord: City of Pacific Grove
Tenant: Pacific Grove Golf, LLC an affiliate of CourseCo, Inc 77 and 79 ASILOMAR AVENUE, LOCATED IN THE CITY OF PACIFIC GROVE, CALIFORNIA THIS GOLF COURSE LEASE ("Lease") dated for reference purposes as of February 19, 2014 ("Effective Date"), is by and between the CITY of Pacific Grove, a Charter City of the State of California ("City" or "Landlord"), and Pacific Grove Golf, LLC, a California limited liability company ("Tenant").
RECITALS
A. City owns certain real property commonly known as the Pacific Grove Municipal Golf Course Links located in the City of Pacific Grove, County of Monterey, State of California, as more particularly described in Exhibit A attached hereto, which includes an operating 18-hole golf course, driving range, irrigation system, club house, restaurant, parking areas and related facilities.
B. Until April 1, 2014, the Golf Course was operated and managed by the City. The restaurant and food and beverage services are being operated by an independent third party under contract with the City.
C. City has determined that Tenant has the necessary experience, qualifications, and community values to manage, operate and maintain the Golf Course to the mutual advantage of Tenant and the City, and to enhance and maximize the public use thereof by providing a safe and attractive place to enjoy the game of Golf.
D. City and Tenant wish to enter into this lease as the most cost-effective and beneficial means for City to satisfy its desire to improve, operate and maintain Golf Course as a high-value recreational opportunity and economic development resource for the residents and visitors to the city.
E. Tenant desires to lease from City and City desires to lease to Tenant, the Premises described herein upon and subject to the terms and conditions set forth below in this Lease.
F. Tenant has managed, operated, and maintained the course since April 1, 2014 under a management agreement. The activities undertaken and the outcomes realized are integral to this lease arrangement. Thus, the financial terms for the first six months of this lease, when aggregated with the revenues accrued and the expenses incurred during the six months of the management agreement, constitute the first year of the financial projections and targets.
PGCC 2-15-23
G. Therefore, for mutually acknowledged valuable consideration, the Parties hereby covenant and agree as follows:
PGCC 2-15-23
ARTICLE 1
BASIC LEASE INFORMATION
The following is a summary of basic lease information applicable to the Lease. Each item below shall be deemed to incorporate all of the terms set forth in this Lease pertaining to such item. In the event of any conflict between the information in this Article and any more specific provision of this Lease, the more specific provision shall control. landlord:
Tenant:
Premises:
Effective Date:
Commencement Date:
Term:
Expiration Date (initial Term):
Extension Options:
Initial Base Rent:
Fixed Adjustments to Base Rent:
Percentage Rent:
Permitted Use:
Security Deposit:
Tenant's Capital Investment Sum:
City of Pacific Grove
Pacific Grove Golf, LLC, a California limited liability company
Land (as defined herein) located in Pacific Grove,
owned by City, as more particularly described in
Exhibit A attached hereto, together with the
existing Golf Course and related Improvements
thereon, as those terms are defined herein.
September 17, 2014
October 1, 2014
The initial Term of this Lease shall commence on
the Commencement Date and shall end on the
Expiration Date unless extended or sooner
terminated.
September 30, 2024
Two (2) contingent options to extend the Term for
five (5) years each (10 years total) as provided in
Article 4.2
$300,000.00 per year (The Base Rent shall be
payable in monthly installments on or before the
first day of each month as provided in Article 5.1)
Base Rent adjusted commencing on the date as set
forth in Article 5.2 and annually thereafter in
accordance with Article 5.2
Percentage Rent shall be paid in addition to Base
Rent calculated on Gross Golf Revenue as
described in Article 5.3.
Operation of public golf course, driving range and
related facilities.
$25,000 (See Article 23)
$100,000 (See Article 8.1)
PGCC 2-15-23
Tenant's Contribution to
Capital Improvement Fund:
City's Contribution to
Capital Improvement Fund:
Notice Address of City:
Telephone:
Facsimile:
Notice Address of Tenant:
With a copy to:
Primary Tenant Contact:
Telephone:
Alternate Tenant Contact:
Telephone:
List of Exhibits and Schedules:
1% of Gross Revenues adjusted to 1.5% after 2nd
year (See Article 8.3)
1% of Gross Revenues adjusted to 1.5% after 2nd
year (See Article 8.3)
City Manager
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
{831) 648-3106
{831) 657-9361
Pacific Grove Golf, LLC
Post Office Box 5668
Petaluma, California 94953-1019
Fax: (707) 763-8355
Mr. John C. Telischak
Corte Madera Business Center
45 Koch Road, Suite A
Corte Madera, California 94925-1250
Fax: (415) 945-9909
Tom Isaak
(707) 763-0335
John Telischak
(415) 945-9982
Exhibit A Description of Premises
Exhibit B Maintenance Standards
Exhibit C Schedule of Personal Property
PGCC 2-15-23
ARTICLE 2
DEFINITIONS
For purposes of this Lease, the following capitalized terms shall have the meanings ascribed to them in this Article:
"Additional Charges" means any and all real and personal property taxes, possessory interest taxes and other costs, impositions and expenditures described in Article 6 hereof or otherwise payable by Tenant under this Lease.
"Advance Deposits" means and includes any payments for reservations or other events which have been received by Landlord prior to the Commencement Date but not yet earned.
Advance Deposits shall include, but are not limited to, outstanding gift certificates, annual passes, and other vouchers.
"Affiliate of Tenant" means any person or entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under the common control with, Tenant. As used above, the words "control", "controlled" and "controls" mean the right and power, directly or indirectly through one or more intermediaries, to direct or cause the direction of substantially all of the management and policies of a person or entity through ownership of voting securities or by contract, including, but not limited to, the right to fifty percent (50%) or more of the capital or earnings of a partnership or, alternatively, ownership of fifty percent (50%) or more of the voting stock of a corporation. "Agents" means, when used with reference to either Party to this Lease, the officers, directors, employees, agents and contractors of such Party, and their respective heirs, legal representatives, successors and assigns.
"Alterations" means any alterations, installations or additions to any Improvements or to the Premises, but excluding maintenance and repair work. "Assignment" has the meaning given in Article 15.1 hereof. "Award" means all compensation, sums or value paid, awarded or received for a Taking, whether pursuant to judgment, agreement, settlement or otherwise. "Base Rent" means the annual Base Rent specified in the Basic Lease Information and described in Article 5.1 hereof.
"Basic Lease Information" means the information with respect to this Lease summarized in Article 1 hereof.
"Capital Improvement Fund" means the account described in Article 8.3 and all moneys deposited therein and interest accrued thereon.
"City" means the City of Pacific Grove, a charter city of the State of California.
PGCC 2-15-23
"City Manager" means the City Manager of the City.
"Commencement Date" means the date described as such on the Basic Lease Information.
"CPI" means the Consumer Price Index, All Urban Consumers, San Francisco-Oakland-San Jose area; base years 1982-1984 = 100 published by the U.S. Dept. of Labor or any comparable replacement or successor index. "Date of Taking" means the earlier of (i) the date upon which title to the portion of the Premises taken passes to and vests in the condemner or (ii) the date on which Tenant is dispossessed pursuant to an order of possession issued in the subject eminent domain proceeding.
"Default Rate" means a rate of interest equal to eight percent {8%) per annum. "Effective Date" means the date set forth as such in the Basic Lease Information. "Encumber" means create any Encumbrance; "Encumbrance" means any mortgage, deed of trust, assignment of rents, fixture filing, security agreement, or similar security instrument, or other lien or encumbrance.
"Encumbrancer" means a mortgagee, beneficiary of a deed of trust or other holder of an Encumbrance.
"Environmental Laws" means any present or future federal, state or local Laws or policies relating to Hazardous Material (including, without limitation, its use, handling, transportation, production, disposal, discharge or storage) or to human health and safety, industrial hygiene or environmental conditions in, on, under or about the Premises (including any permitted Improvements) and any other property, including, without limitation, soil, air and groundwater conditions.
"Event of Default" means any one of the events of default described in Article 16.1 hereof.
"Expiration Date" means the date which is 10 years from the Commencement Date unless and as extended in accordance with Article 4.2.
"Force Majeure" means circumstances that delay or prevent the performance of obligations hereunder due to acts of God, and/or other circumstances beyond the reasonable control of Tenant.
"Golf Course" means the 18-hole golf course, driving range, club house, pro shop, parking areas and related facilities currently existing and being operated on the Premises.
Notwithstanding the foregoing or anything to the contrary in this Lease, the term "Golf Course" as used in this Lease shall specifically exclude, for all purposes, the restaurant, the interior of
PGCC 2-15-23
the restaurant building (except for the portion of such building constituting the rest rooms and the cart barn which is located beneath the restaurant and which portion shall be deemed part of the Golf Course and the Premises), food and beverage facilities, and related equipment, improvements and appurtenances.
"Gross Golf Revenues" means the gross revenues derived from admission fees, entry fees, green fees, tournament fees, advance booking fees, membership and club dues and other fees and dues of any kind including nonrefundable deposits, driving range use fees and ball fees, rental fees for motorized golf carts. Gift certificates, or similar vouchers, shall not be included until such time as they shall have been converted into a sale by redemption. "Gross Revenues" means Gross Golf Revenues, plus revenues from lessons, classes or other instructional fees (net of amounts paid to the golf professional staff),and from the selling price of merchandise, golf clubs and other golf equipment, golf supplies, goods and, clothing or delivered in or from the Premises by Tenant, whether for cash or on credit (whether collected or not), including the gross amount received by reason of orders taken on the Premises although filled elsewhere, provided however that, for purposes of inclusion in Gross Revenues, there shall be subtracted from such selling price of merchandise, goods, clothing and equipment, the cost of goods sold. Gross Revenues and Gross Golf Revenues in credit card transactions shall include only the actual amount received by Tenant from the credit card issuer. Gross Revenues shall not include, or if included there shall be deducted (but only to the extent they have been included), the following: (a) the selling price of all merchandise returned by customers and accepted for full credit, or the amount of discounts, refunds, and allowances made on such merchandise; (b) merchandise returned to sources or transferred to another store or warehouse owned by or affiliated with Tenant; (c) sums and credits received in the settlement of claims for loss of or damage to merchandise; (d) the price allowed on all merchandise traded in by customers for credit or the amount of credit for discounts and allowances made instead of acceptance of merchandise; (e) gift certificates, or similar vouchers, until such time as they shall have been converted into a sale by redemption; and (f) sales and use taxes, so-called luxury taxes, consumers' excise taxes, gross receipts taxes, and other similar taxes now or in the future imposed on the sale of merchandise or services. "Gross Golf Revenue Baseline" means, for the period from April 1, 2014 through December 31, 2014, the seasonally adjusted sum of $1,938,750, and thereafter, the sum of $2,350,000 per calendar year increased on January 1st of each year during the Term beginning on January 1, 2015 in the same proportion as changes in the Consumer Price Index, All Urban Consumers, San Francisco-Oakland-San Jose area; base years 1982-1984 = 100 published by the U.S. Dept. of Labor, ("CPI") shall have occurred since January 1st of the preceding year and the adjusted amount shall be effective for the following twelve months. If the CPI is discontinued or revised during the Term such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. If no replacement index is promulgated the Landlord and Tenant shall mutually select another government index measuring changes in the cost of living
PGCC 2-15-23
in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued, and the same shall thereafter be used in adjusting Base Rent hereunder. "Hazardous Material" means any material that, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. Hazardous Material includes, without limitation, any material or substance defined as a "hazardous substance," or "pollutant" or "contaminant" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA", also commonly known as the "Superfund" law), as amended, (42 U.S.C. Sections 9601 et seq.) or pursuant to Section 25281 of the California Health & Safety Code; any "hazardous waste" listed pursuant to Section 25140 of the California Health & Safety Code; any asbestos and asbestos containing materials whether or not such materials are part of the structure of any existing improvements on the Land, any Improvements to be constructed on; the Land by or on behalf of Tenant, or are naturally occurring substances on, in or about the Land; and petroleum, including crude oil or any fraction thereof, and natural gas or natural gas liquids. "Hazardous Material Claims" means any and all enforcement, Investigation, Remediation or other governmental or regulatory actions, agreements or orders threatened, instituted or completed pursuant to any Environmental Laws, together with any and all Losses made or threatened by any third party against City, its Agents, or the Premises or any Improvements, relating to damage, contribution, cost recovery compensation, loss or injury resulting from the presence, release or discharge of any Hazardous Materials, including, without limitation, Losses based in common law. Hazardous Materials Claims include, without limitation, Investigation and Remediation costs, fines, natural resource damages, damages for decrease in value of the Premises or any Improvements, the loss or restriction of the use or any amenity of the Premises or any Improvements, and attorneys' fees and consultants' fees and experts' fees and costs.
"Improvements" means any and all buildings, structures, fixtures and other improvements constructed, installed or placed on the Premises by or on behalf of Tenant pursuant to this Lease, including, without limitation, any signs, roads, trails, driveways, parking areas, curbs, walks, fences, walls, stairs, poles, plantings and landscaping. Notwithstanding the foregoing or anything to the contrary in this Lease, the term "Improvements" as used in this Lease shall specifically exclude, for all purposes, the restaurant, the restaurant building (except for the restrooms and for the portion of such restaurant building constituting the cart barn which is located beneath the restaurant and which portions shall be deemed Improvements as that terms is used herein\ food and beverage facilities, and related equipment, improvements and appurtenances.
1 Responsibility for the cost of repair, maintenance and operation of the portions of the building containing the restaurant, cart barn and restrooms shall be reasonably and equitably allocated between Tenant on the one hand and the operator of the restaurant on the other. The operator of the restaurant shall be responsible for cleaning
PGCC 2-15-23
"Indemnified Parties" means the Party being indemnified and such Party's officers, Agents, shareholders, partners, employees, and their respective Agents, heirs, legal representatives, successors and assigns.
"Indemnify" means indemnify, protect, defend and hold harmless forever. "Institutional Lender" means any commercial, national or savings bank, savings and loan association, trust company, insurance company, real estate investment trust or pension or retirement fund or similar source of funds.
"Investigation" when used with reference to Hazardous Material means any activity undertaken to determine the nature and extent of Hazardous Material that may be located in, on, under or about the Premises, any Improvements or any portion thereof or which have been, are being, or threaten to be Released into the environment. Investigation shall include, without limitation, preparation of site history reports and sampling and analysis of environmental conditions in, on, under or about the Premises or any Improvements. "Invitees" when used with respect to Tenant means the clients, customers, invitees, guests, members and licensees, assignees and subtenants of Tenant. "Land" means the real property located in Pacific Grove, more particularly described in the attached Exhibit A. Notwithstanding the foregoing or anything to the contrary in this Lease, the term "Land" as used in this Lease shall specifically exclude, for all purposes, the restaurant, the restaurant building, food and beverage facilities, and related equipment, improvements and appurtenances.
"Landlord" means the City.
"Law" means any law, statute, ordinance, resolution, regulation, proclamation, order or decree of any municipal, county, state or federal government or other governmental or regulatory authority with jurisdiction over the Premises, or any portion thereof, whether currently in effect or adopted in the future and whether or not in the contemplation of the Parties.
"Lease" means this Lease as it may be amended in accordance with its terms. "Lease Year" is a calendar year, except that the first Lease Year of the Original lease shall commence on the Commencement Date and the last Lease Year shall end on the date this Lease expires or terminates.
and maintaining the restrooms, and shall be responsible for a!I repairs, maintenance and operational costs of the interior of the restaurant and related fixtures, improvements and equipment including related electrical and plumbing. Tenant shall be responsible for norm a! repair and maintenance of the exterior of the building and the landscaping and shall be responsible for any repair of the restrooms.
PGCC 2-15-23
"Losses" means any and all claims, demands, losses, liabilities, damages, liens, injuries, penalties, fines, lawsuits and other proceedings, judgments and awards and costs and expenditures, including, without limitation, reasonable attorneys' and consultants' fees and costs.
"Maintenance" means maintenance of the Premises including maintenance of the greens, tees, fairways, rough, cart paths and other turf areas comprising the Golf Course in accordance with the provisions of Exhibit B.
"Official Records" means the official records of Monterey County. "Party" means City or Tenant; "Parties" means both City and Tenant. "Percentage Rent" means additional rent payable by Tenant in the amounts calculated as a percentage of Gross Golf Revenue as more particularly described and provided in Article
5.3 hereof.
"Percentage Rent Period" means each calendar year or portion thereof following the Effective Date of the Lease (as set forth in the Basic Lease Information), whether or not consisting of twelve (12) months.
"Personal Property" means all of the furnishings, fixtures, equipment, tools, golf carts and other moveable personal property used to operate the Golf Course as described and referenced in Article 3.3.
"Premises" means the Land and the Improvements, together with any additions, replacements, modifications or other Alterations thereto permitted hereunder and together with and including, any and all riparian rights, water and water rights (subject to compliance by Tenant with any applicable requirements of law generally applicable to the use of such water rights), including, but not limited to (i) any and all surface water and surface water rights, including, without limitation, riparian rights and appropriative water rights to surface streams and the underflow of streams, and (ii) any and all groundwater and subterranean water rights; provided, however, subject to the right of Tenant's first priority for the use of the foregoing water rights in respect of the Premises, City may use such additional water as may be available at its sole cost and expense and without interference with Tenant's use of the Premises including the foregoing water rights. Notwithstanding the foregoing or anything to the contrary in this Lease, the term "Premises" as used in this Lease shall specifically exclude, for all purposes, the restaurant, the restaurant building (except for the portion of such building constituting the cart barn which is located beneath the restaurant and which portion shall be deemed part of the Premises), food and beverage facilities, and related equipment, improvements and appurtenances.
"Release" when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping,
PGCC 2-15-23
leaching, dumping, or disposing into or inside any existing improvements or any Improvements constructed hereunder by or on behalf of Tenant, or in, on, under or about the Premises. "Remediation" when used with reference to Hazardous Material means any activities undertaken to clean up, remove, contain, treat, stabilize, monitor or otherwise control Hazardous Materials located in, on, under or about the Premises or which have been, are being, or threaten to be Released into the environment. Remediate includes, without limitation, those actions included within the definition of "remedy" or "remedial action" in California Health and Safety Code Section 25322 and "remove" or "removal" in California Health and Safety Code Section 25323.
"Rent" means the Base Rent, as adjusted pursuant to the prov1s1ons of Article 5.2 hereof, together with Percentage Rent calculated pursuant to the provisions of Article 5.3 hereof, and any and all Additional Charges.
"Resale Inventory" means unsold current merchandise and items held for sale to customers of the pro shop.
''Taking" means a taking or damaging, including severance damage, by eminent domain, inverse condemnation or for any public or quasi-public use under Law. A Taking may occur pursuant to the recording of a final order of condemnation, or by voluntary sale or conveyance in lieu of condemnation or in settlement of a condemnation action. "Tenant" means the Party identified as Tenant in the Basic Lease Information and the successors and assigns of Tenant's interests under this Lease, provided that the rights and obligations of Tenant's successors and assigns shall be limited to only those rights and obligations that this Lease permits to be transferred and that have been transferred in accordance with this Lease.
"Tenant's Capital Investment Sum" means the sum of $100,000, in cash or cash equivalent, which Tenant shall expend on capital acquisitions and improvements for the Premises as provided in Article 8.1.
"Term" means the term of this Lease (including the term of any validly exercised extension option) as determined under Article 4.1 hereof. "Transfer" means any Assignment or Sublease.
"Transferee" means any recognized assignee of any part of Tenant's leasehold interest hereunder or any recognized subtenant of any portion of the Premises, pursuant to a Transfer that complies with Article 15 hereof.
PGCC 2-15-23
ARTICLE 3
LEASE OF PREMISES AND PERSONAL PROPERTY
3.1 Lease. City hereby leases to Tenant and Tenant hereby leases from City, the Premises, the Improvements and the Personal Property, subject to all of the terms, covenants and conditions set forth in this Lease.
3.2 Condition of Premises.
(a) City Disclosure. City represents to Tenant that City has provided Tenant with all documents and information in the possession and control of the City concerning the physical condition of the Premises including the presence of any Hazardous Material. To the best knowledge of the City, no Hazardous Material is present on or has been released from the Premises in amounts or under circumstances which violate Environmental Laws and there are no Hazardous Material Claims pending or threatened in respect of the Premises. (b) Premises As-ls. Except as expressly provided in subparagraph (a) above or elsewhere in this Lease, Tenant acknowledges and agrees that the Premises are being leased and accepted in their present condition, without representation or warranty of any kind, and subject to all applicable Laws governing the use, occupancy, management, operation and possession of the Premises.
3.3 Personal Property. All of the Personal Property specifically described and itemized on Exhibit C has been purchased by Tenant from Landlord for fair market value as determined by an independent third party appraiser as of the Commencement Date, such purchase price to be paid by Tenant to Landlord in 60 equal monthly installments, without interest. All other miscellaneous Personal Property (other than such property itemized on Exhibit C) on the Premises and Improvements as of the Commencement Date shall remain the property of Landlord, but is leased to Tenant pursuant to the terms of this Lease. All items purchased by Tenant shall at all times remain the property of Tenant and may be removed and retained by Tenant at the termination of this Lease. Tenant, at its sole cost and expense shall insure, repair and maintain all Personal Property during the term of this Lease. Tenant agrees to keep said Personal Property in safe and good condition and repair, and to obtain policies of casualty insurance for such Personal Property in an amount equal to their full insurable value. As to any personal property of which Landlord is the owner, during the term of this Lease, Tenant shall have the right to dispose of any of said Personal Property provided concurrently Tenant replaces same with additional Personal Property having the same or greater value and having substantially the same use. Any Personal Property acquired by Tenant in replacement of any of the specific Personal Property which is itemized on Exhibit C shall belong to Tenant during the term of this Lease and upon expiration or termination hereof. Upon the termination of the Lease only Personal Property consisting of hand tools, replacement parts, supplies, and miscellaneous small items, shall be surrendered to Landlord and shall thereupon, without further consideration, belong to Landlord (but subject to wear and tear and to any lease financing which may be applicable to any of the Personal Property). Any and all additional Personal Property acquired by Tenant during the Term for the exclusive use in connection with
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the operation of the Premises, shall be owned by Tenant during the Term and shall, upon the expiration or termination of this Lease, not be surrendered to Landlord but shall belong to Tenant (but subject to any lease financing which may be applicable to any of the Personal Property).
3.4 Personal Property As-ls. Tenant acknowledges that (a) Landlord is not the manufacturer of the Personal Property or manufacturer's agent; (b) Tenant has accepted the Personal Property based solely on Tenant's inspection, and expressly disclaims any reliance upon any statements or representations made by Landlord, and (c) that the Personal Property is of a design, size, fitness and capacity acceptable to Tenant and that Tenant is satisfied that the same is suitable and fit for its use and purposes. Tenant is leasing the Personal Property "AS-IS" without warranty, express or implied, including but not limited to the fitness for any particular purpose, use, quality, design, condition, durability, suitability, merchantability or any other matter. Tenant specifically waives all right to make any claim against Landlord for breach of any warranty of any kind whatsoever. Tenant agrees that Landlord is not responsible to Tenant for any loss, damage, claim or expense of any kind or nature caused, directly or indirectly by the Personal Property, the use thereof, the failure of operation thereof, the repairs, services, or adjustments thereto or by any interruption of service or loss of business or damage whatsoever and howsoever caused, including, but not limited to, any personal injury related thereto or other third party claim, and also including any product liability claims. No defect or unfitness of the Personal Property shall relieve Tenant of the obligation to pay rent or of any of the other obligations under this lease.
3.5 Golf Carts. Tenant shall assume, pay or reimburse to Landlord, and will indemnify Landlord, for all lease payments and other amounts which become due under the existing golf cart lease after the Commencement Date and during the term of this Lease. Upon expiration of the existing golf cart lease, Tenant shall procure new or additional power-driven golf carts in sufficient numbers to reasonably meet the public demand. Upon expiration or termination of this Lease, Landlord will assume, pay or reimburse to Tenant and will indemnify Tenant, for all lease payments and other amounts which become due after such expiration or termination upon any then existing golf cart lease.
3.6 Advance Deposits. Landlord has delivered to Tenant a written accounting and description of all Advance Deposits. Tenant received a credit toward the purchase price of the Personal Property described on Exhibit C, in the full amount of any outstanding and unused Advance Deposits on the Commencement Date including the pro rata amount of outstanding annual passes. Landlord included true, correct, and complete copies of all written agreements and commitments pertaining to the Advance Deposits. Landlord represents and warrants to Tenant that Landlord's written account and description of Advance Deposits and copies of all agreements and commitments were complete, true, and correct. Tenant has agreed to honor all such Advance Deposits.
3.7 Resale Inventory. Prior to the Commencement Date, Landlord sold and delivered to Tenant all undamaged Resale Inventory together with invoices showing Landlord's acquisition
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cost thereof, and Tenant shall pay to Landlord an amount equal to 80% of Landlord's actual cost for such Resale Inventory delivered to Tenant.
ARTICLE 4
TERM; OPTIONS TO EXTEND
4.1 Term of Lease. The initial Term of this Lease shall commence on the Commencement Date specified in the Basic Lease Information and shall end on the Expiration Date unless and as extended in accordance with Article 4.2 below.
4.2 Extension Options.
(a) Options; Exercise. Tenant shall have two (2) consecutive options to renew and extend the Term of this Lease, each for a period of five (5) years (each, a "Renewal Term") upon and subject to the following terms and conditions: Not later than 270 days before the last day of the then-expiring Term, Tenant shall give Landlord written notice exercising the option to extend the Lease, and within 90 days thereafter, Landlord shall notify Tenant in writing whether or not Landlord agrees to such extension. If Landlord does not agree to such extension, the Lease shall terminate at the end of its term without extension. Landlord shall not negotiate with any other prospective Tenant unless and until Landlord shall have notified Tenant following Tenant's notice of exercise, as provided herein, that Landlord does not agree to Tenant's extension
(b) Renewal Term. In the event Tenant elects and is entitled to exercise the first option to renew and extend the Lease Term, the period of the first Renewal Term shall be five (5) years. In the event Tenant elects and is entitled to exercise the second option to renew and extend the Lease Term, the period of the second Renewal Term shall be five (5) years. Each such renewal shall be an opportunity for either Party to identify potential improvements in the lease, designed to benefit any stakeholder, including either or both Parties, the golfing public, the environment, and the community as a whole, and to negotiate with the other Party to achieve mutual agreement, such agreement to be incorporated in a revised lease. (c) Terms of Lease Renewal. In the event the Lease is renewed and extended as herein provided, all of the terms and conditions of this Lease shall remain in effect during the Renewal Term and shall continue to determine the rights and obligations of Landlord and Tenant.
ARTICLE 5
RENT
5.1 Base Rent. Subject to the terms and conditions set forth herein, Tenant shall, beginning on the Commencement Date, pay to City during the Term of this Lease, the annual Base Rent specified in the Basic Lease Information (the "Base Rent"). The Base Rent shall be payable on or before the first day of each month in the amount of $20,000.00 for the months of October, November, December, January, February and March and $30,000.00 for the months of April, May, June, July, August and September.
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5.2 Adjustments to Base Rent. The Base Rent shall be adjusted as follows: on the 3•d anniversary of the Commencement Date and thereafter upon each subsequent anniversary of the Commencement date during the term of the Lease the annual Base Rent shall be increased by the sum of $5,000.00.
5.3 Percentage Rent. In addition to the Base Rent, Tenant, commencing at the end of the each calendar year following the Commencement Date, shall pay Percentage Rent subject to the following terms and conditions:
(a) Payment. Commencing for the Percentage Rent Period beginning on the Commencement Date and ending on December 31st thereafter, and for each Percentage Rent Period thereafter during the Term, Tenant shall pay Percentage Rent in addition to Base Rent to the extent that Percentage Rent is greater than zero. Percentage Rent shall be equal to 65% of the amount, if any, by which Gross Golf Revenues during the Percentage Rent Period exceeds the Gross Golf Revenues Baseline. Tenant shall not be required to accrue or pay Percentage Rent for any period prior to the Commencement Date of the Lease. Tenant shall compute and pay to City, the Percentage Rent for each Percentage Rent Period on or before the forty fifth {45th) day following the close of each Percentage Rent Period. Percentage Rent shall be in addition to the Base Rent that Tenant has paid during the Percentage Rent Period.
(b) Reports. Tenant shall furnish to City a statement of Gross Revenues and Gross Golf Revenues within twenty (20) days after the end of each calendar quarter and an annual statement of Gross Revenues and Gross Golf Revenues within forty-five (45) days after the end of each Lease Year. Such statements shall be in a form acceptable to City. Each statement shall be signed and certified to be correct by Tenant or, if Tenant is a corporation, by a duly authorized officer of Tenant. In addition, each annual statement shall be reviewed by an independent certified public accountant, at Tenant's expense, reasonably acceptable to City. Tenant shall keep at the Premises or at Tenant's business office in Petaluma, California, complete and accurate books of account, records, cash receipts and other pertinent data, in accordance with good accounting practices and in a form approved by City, showing its Gross Golf Revenues and Gross Revenues, including without limitation, accurate records of every sale and other transaction made from the Premises and any Improvements. Such books of account, records, cash receipts and other pertinent data shall be kept for a period of ten (10) years after the end of each Lease Year. The receipt by City of any statement, or any payment of Percentage Rent for any period, shall not bind City as to the correctness of the statement or payment. (c) Inspection and Audit. City shall be entitled at any time and from time to time during the Term and within three {3) years after the Expiration Date or other termination of this Lease, to inspect, examine, copy and audit Tenant's books, records and, cash receipts as related to Gross Golf Revenues and Gross Revenues. The purpose of such examination is to enable City to ascertain, clearly and accurately, Tenant's Gross Golf Revenues and Gross Revenues and to verify that the form and method of Tenant's
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record keeping provide adequate and proper control and check of all such revenues.
Tenant shall cooperate fully with City and City's Agents in making the examination. City shall also be entitled at City's option, once during each Lease Year and once after the Expiration Date or other termination of this Lease, to cause an independent audit of such records to be performed by a certified public accountant designated by City. The audit shall be conducted during usual business hours at the Premises. If the audit shows that there is a deficiency in the payment of any Percentage Rent, then Tenant shall immediately upon notice pay the deficiency to City, together with interest thereon at the Default Rate, which interest shall accrue from the date on which such deficient amount would have been due until such deficiency is paid. City shall pay the costs of the audit unless the audit shows that Tenant understated Gross Golf Revenues or Gross Revenues by more than two percent (2%), in which case Tenant shall pay all City's costs of the audit. Tenant's understatement of Gross Golf Revenues or Gross Revenues for any Lease Year by more than five percent (5%) due to Tenant's gross negligence or willful misconduct shall constitute an Event of Default
5.4 Late Charge. If Tenant fails to pay any Rent within fifteen (15) days after the date the same is due and payable, such unpaid amount will be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance. The late payment charge has been agreed upon by City and Tenant, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that City will incur as a result of any such failure by Tenant, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate City for its damages resulting from such failure to pay and Tenant shall promptly pay such Late Charge to City together with the unpaid Rent.
5.5 Default Interest. If any Rent is not paid within ten (10) days following the due date, such unpaid amount shall bear interest from the due date until paid at the Default Rate.
However, interest shall not be payable on late charges incurred by Tenant nor on any amounts on which late charges are paid by Tenant to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest shall not excuse or cure any default by Tenant.
ARTICLE 6
TAXES, ASSESSMENTS AND OTHER EXPENDITURES
6.1 Taxes and Assessments, Licenses, Permit Fees and Liens. (a) Possessory Interest Tax. Tenant recognizes and agrees that this Lease may create a possessory interest subject to property taxation and Tenant shall be obligated to pay possessory interest property taxes. Tenant's obligation to pay possessory interest property taxes shall be limited to those assessed on the Premises as described herein, and Tenant will not be obligated to pay such taxes on or relating to the restaurant, food and beverage facilities, or related equipment, improvements and appurtenances (the "F&B Possessory Interest"). Landlord will cooperate in attempting to have the F&B
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Possessory Interest separately assessed. Unless and until Landlord and Tenant are unable to have the F&B Possessory Interest separately assessed, then Landlord will cause the operator/tenant of the restaurant and food and beverage possessory interest to reimburse Tenant for the share of the possessory interest property taxes allocable to the F&B Possessory Interest and Landlord agrees to indemnify Tenant for such possessory interest taxes on the F&B Possessory Interest. In addition, Tenant shall pay any and all Tenant's personal property taxes, assessments, licenses, and permit fees levied on personal property. Tenant shall make all such payments directly to the charging authority when due and payable and at least ten (10) days prior to delinquency, subject to Tenant's right to contest the validity of such charge pursuant to subsection (b) below.
(b) No Liens. Tenant shall not allow or suffer a lien for any taxes payable by Tenant hereunder to be imposed upon the Premises or upon any equipment or other property located thereon without promptly discharging the same. Tenant may have a reasonable opportunity to contest the validity and or amount of any such taxes. Tenant shall Indemnify City, the other Indemnified Parties, and the Premises from and against any Losses arising out of any proceeding or contest provided for hereunder.
6.2 Other Expenditures. Tenant shall be responsible for any and all other costs and expenditures for garbage pickup, utilities, cable television, internet services or other services for its use, occupancy, operation or enjoyment of the Premises or any Improvements permitted thereon. Notwithstanding the foregoing:
(a) During the first three (3) years of the term of this Lease, Tenant shall pay up to $600,000.00 per year for water supplied to the Premises up to 27,200,000 gallons per year. Landlord shall pay the cost of water supplied to the Premises up to 27,200,000 gallons per year to the extent such cost exceeds $600,000.00. Tenant shall be solely responsible for the cost of all water used in excess of 27,200,000 gallons per year regardless of the cost per gallon. Notwithstanding the foregoing, to encourage Tenant to use the most efficient water conservation and management practices, to the extent Tenant consumes less than 27.2 million gallons of irrigation water in any year, the monetary savings from this reduced water consumption (effective water rate for the year times the number of gallons used which are less than 27.2 million gallons) shall be split 50/50 between City and Tenant.
(b) After the third anniversary of the Commencement Date, Tenant shall pay up to $443,332.00 per year (which sum shall be increased by 2% upon each anniversary of the Commencement Date commencing on the fourth anniversary of the Commencement Date and yearly thereafter) for water supplied to the Premises up to 27,200,000 gallons per year. Landlord shall pay the cost of water supplied to the premises up to 27,200,000 gallons per year to the extent such cost exceeds $443,332.00 (as such sum is increased as provided above). Tenant shall be solely responsible for the cost of all water used in excess of 27,200,000 gallons per year regardless of the cost per
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gallon. Notwithstanding the foregoing, to encourage Tenant to use the most efficient water conservation and management practices, to the extent Tenant consumes less than 27.2 million gallons of irrigation water in any year, the monetary savings from this reduced water consumption (effective water rate for the year times the number of gallons used which are less than 27.2 million gallons) shall be split 50/50 between City and Tenant.
6.3 Evidence of Payment of Taxes. Tenant shall, upon City's request, furnish to City within ten (10) days after the date when any charges are due and payable, official receipts of the appropriate taxing authority or other evidence reasonably satisfactory to City, evidencing payment thereof.
ARTICLE 7
USE; COVENANTS TO PROTECT PREMISES AND CITY FACILITIES
7.1 Tenant's Permitted Use. Tenant may use the Premises and any Improvements allowed hereunder only for the use specified in the Basic Lease Information, as more fully described in this Article 7, and for no other purpose.
7.2 Covenants Regarding Use. As a material inducement to City to enter into this Lease, Tenant covenants with City as follows:
(a) No Unlawful Uses or Nuisances. Tenant shall not use or occupy any of the Premises or any Improvements, or permit the use or occupancy thereof, in any unlawful manner or for any illegal purpose, or permit to be carried on any offensive, immoral, noisy or hazardous use or any use in violation of the conditions of any certificate of occupancy, or zoning code. Tenant shall take all precautions to eliminate immediately any nuisances or hazards relating to its activities, or activities of third parties, on or about the Premises or any Improvements permitted hereunder. (b) Covenant against Waste. Tenant shall not cause or permit any waste, damage or injury to the Premises.
(c) Covenant against Dumping: Waste Disposal. Tenant shall not cause, or permit, or suffer the dumping or other disposal on, under or about the Premises or any Improvements of landfill, refuse, Hazardous Material or other materials that are unsightly, illegal, or could pose a hazard to the human health or safety, native vegetation or wildlife, or the environment.
(d) Golf Course Operation. Tenant shall operate the Golf Course and related facilities located on the Premises as a public golf course. Tenant shall operate the Golf Course and related facilities located on the Premises every day of the year at least from dawn to dusk, except in the event of emergency or inclement weather. Tenant shall at all times operate the Premises and conduct all operation on the Premises in a good and businesslike manner and at least comparable to the standards of comparable golf
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courses. Tenant shall provide services customarily associated with the operation of a golf course and the related facilities located on the Premises, including, without limitation, the rental of golf-related equipment, provision of golf instruction, and sale of golf supplies, apparel and equipment, but specifically excluding food and beverage service. The quality and grade of service shall be equal to or greater than the quality and grade of service of the Comparable Courses as established from time-to-time pursuant to Article 7.2(h).
(e) Use by City for Non-Golf Events. Tenant shall make the Golf Course available for the use of the City, or as directed by City, for a non-cumulative maximum of 3 days per calendar year on the following conditions. For this purpose, a "day" shall mean a 24-hour period during which more than 50% of Golf Play is interrupted or displaced by reason of the City's use of the Golf course. (i) City shall notify Tenant in writing not less than 60 days in advance of such use and may not schedule such any use during, or in conflict with, any other special event or tournament previously scheduled by Tenant. (ii) Tenant shall receive a rent credit equal to one half (50%) of the daily average gross income for that month multiplied by the number of event days. (iii) City shall pay all direct costs relating to each such use, including, but not limited to clean up, trash removal and disposal, and security services. (iv) City shall pay for any and all repair and/or replacement of any damage caused during such use, including damage caused by invitees.
(f) Inventory and FF&E. Without limiting any other provision contained in this Lease, Tenant shall, at its sole expense (except for allowable use of the Capital Improvement Fund), acquire and maintain throughout the Term sufficient furniture, fixtures, equipment, and inventory as are required to operate the Golf Course and related facilities located on the Premises as contemplated by this Lease. (g) Golf Carts. Tenant shall provide, through purchase or lease at its sole cost and expense, a sufficient number of golf carts to meet the public demand therefor at the Premises. Tenant shall provide all maintenance, repair and service required by such golf carts, and shall replace them as reasonably required or appropriate. Tenant shall charge reasonable market fees for golf cart use.
(h) Golf Course Fees and Prices. The Golf Course and related facilities shall be open to the public at rates established by Tenant. Such rates shall be determined based on the economics of the Premises and the competitive market, and may include a temporary surcharge, if needed. Tenant may vary the rates by season, by time of day, and by any other appropriate factor. Tenant may also develop stay and play packages with local hoteliers. City and Tenant will meet and confer if a problem arises with any aspect of the rate structure, as determined by either Party. (i) Golf Use Reserved to City. During times when the Golf Course is open to the public and Tenant is not conducting any special tournament or event, Tenant shall, upon proof of identity and affiliation reasonably acceptable to Tenant, provide complimentary
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no-charge golf rounds (limited to one 18-hole round per month per eligible person on a non-cumulative and non-transferable basis) to:
(1) active Coast Guard members; and
(2) current City employees or retired City employees whose names are on a written list provided from time to time by the City.
In addition, former Mayor Morris Fisher shall have the right to play the Golf Course pursuant to the Stipulation and Judgment between him and the City, dated January 18, 2008.
Users of complimentary golf rounds will be subject to all rules, policies, restrictions, regulations, and other limitations applicable to all users and may be denied use for failure to abide by such rules, policies, restrictions, regulation, and limitations.
ARTICLE 8
CAPITAL INVESTMENT; IMPROVEMENTS
8.1 Tenant's Capital Investment. Tenant shall contribute the sum of $100,000 to the Capital Improvement Fund to be established pursuant to Article 8.3 below. Tenant will perform an inspection of the Golf Course irrigation system within sixty (60) days of the Commencement Date to determine, in its reasonable judgment, whether any of the $100,000 initial contribution should be used to repair or upgrade the system. In addition, Tenant agrees to pay directly, the cost of completing the dune restoration project on the Golf Course as generally described in the 2012 Annual Dune Restoration and Monitoring Report dated November 19, 2012 prepared by Rana Creek Habitat Restoration, up to the maximum sum of $75,000. These sums shall be in addition to the periodic contributions made by Tenant and City as provided in Article 8.3 below. Except for Tenant's obligation to contribute to the Capital Improvement Fund and to contribute to the cost of completing the dune restoration project as described above, Tenant shall not be obligated to expend moneys for improvements, additions or upgrades to the Premises and all such improvements, additions and upgrades shall be funded solely from the Capital Improvement Fund.
8.2 Construction of Improvements. Except as otherwise expressly provided in this Lease, Tenant shall not construct or install any Improvements nor make or permit any Alterations in, to or about the Premises or any Improvements, without City's prior written consent in each instance, which City shall not unreasonably withhold or delay; provided, however, such requirement to obtain the City's prior written consent shall not apply to any work that costs $25,000 or less. Subject to City's consent as provided above, any permitted Improvements or Alterations shall be done at Tenant's sole expense (i) in strict accordance with plans and specifications approved in advance by City in writing, (ii) by Tenant or duly licensed contractors, (iii) in a good and professional manner, and (iv) in strict compliance with all Laws, including but not limited to, the City's Building Code. Tenant acknowledges that the City's role as landlord hereunder is separate and distinct from its role as the issuer of building permits, grading permits, etc., and that the terms and conditions of this Lease pertain to the review and
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reasonable approval by City of plans for Improvements and construction in its capacity as landlord hereunder.
8.3 Capital Improvement Program.
(a) On the Commencement Date Tenant shall, on behalf of City, establish and maintain a separate, interest-bearing trust account (the "Capital Improvement Fund") for the funding of capital acquisitions and improvements to the Premises.
Commencing on and after July 1, 2014, Tenant and City shall, each quarter, on or before the twentieth day following each date upon which Tenant furnishes to City the statement of Gross Revenues as required by Article 5.3(b), each separately deposit into the Capital Improvement Fund an amount equal to one percent (1%) of the Gross Revenues from the preceding calendar quarter (combined contribution will equal 2% of Gross Revenues). Commencing on April 1, 2016 and thereafter, the contributions of Tenant and City to the Capital Improvement Fund shall each increase to one and one-half percent (1.5%) of the Gross Revenues from the preceding calendar quarter (combined contribution will equal 3% of Gross Revenues). (b) All such funds are to be held by Tenant in trust for the benefit of the City's interest in the Premises, including its reversionary interest in the Premises upon the expiration or earlier termination of this Lease. Interest earned on funds held in such account shall become part of the Capital Improvement Fund and all amounts remaining in the Capital Improvement Fund at the end of the Term or any earlier termination of this Lease shall be remitted to City. City and Tenant will develop written procedures for approval and release of funds from the Capital Improvement Fund, including the accounting and auditing procedures with respect thereto. (c) Funds held in the Capital Improvement Fund shall be used exclusively for additional capital items or the repair and replacement of capital items which are needed to repair or replace, over time, capital items which are subject to wearing out after a useful life and which are included in, located on or used in connection with the Premises, and which if not replaced or repaired, could adversely affect the City's interest in the Premises, including Gross Revenues and its reversionary interest upon the expiration or earlier termination of this Lease, and for the reimbursement of funds advanced for such purposes by Tenant in accordance with Article 8.3(e) below. Funds held in the Capital Improvement Fund may be expended only in accordance with a Capital Improvement Plan approved by City in accordance with Article 8.3(c). (d) Not later than the first June 30 following the creation of the Capital Improvement Fund and thereafter on April 1st of every second year of the Term thereafter, Tenant shall submit to City a biannual plan for the use of the Capital Improvement Fund moneys in the subsequent two Lease Years (each, a "Capital Improvement Plan"). Each Capital Improvement Plan shall include the description of each proposed expenditure of Capital Improvement Fund monies, the purpose for each expenditure, and the proposed timeframe for such expenditure. City shall review each
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Capital Improvement Plan and shall not unreasonably withhold its consent thereto. The failure of City to respond within forty-five (45) days of delivery of any proposed Capital Improvement Plan shall be deemed to be the consent of City to such plan. (e) Notwithstanding the provisions hereof, Tenant shall be entitled to be reimbursed (with interest at the prime rate) from the Capital Improvements Fund for any expenditure incurred by Tenant prior to the accumulation of funds for such expenditures in the Capital Improvement Fund if, and to the extent, such expenditures otherwise meet the requirements of Article 8.3(c) and would have been appropriate to be approved (including the approval of the City as provided in subparagraph (c) above) for inclusion in the Capital Improvement Plan if there had been sufficient funds in the Capital Improvement Fund at the time such expenditures were made.
8.4 Disruption of Play due to Capital Projects. Certain City projects, including but not limited to street improvements, undergrounding of utilities, and construction of the City's Local Water Project, may impact access to the Premises or portions of the Premises. The City will ensure that City staff and contractors coordinate with Tenant to minimize any negative impacts of these projects, to the extent reasonable.
ARTICLE 9
REPAIRS AND MAINTENANCE
9.1 Tenant's Responsibility for Maintenance and Repair. City shall not be obligated to perform any repairs, changes or alterations to the Premises or Improvements, nor shall City be liable for the cost thereof. Tenant assumes full and sole responsibility for the condition, operation, repair and maintenance and management of the Premises and any permitted Improvements or Alterations, from and after the Commencement Date; provided, however, this obligation shall not include the assumption of any liability or responsibility by Tenant for the presence of any Hazardous Materials or underground tanks or the failure of the Premises to comply with any Environmental Laws, in each case as of the Commencement Date. In addition, if any portion of the Premises or any of City's property located on or about the Premises is damaged by any of the activities conducted by Tenant or its Agents or Invitees hereunder, Tenant shall repair any and all such damage and restore the Premises or City's property to its previous condition.
9.2 Utilities; Roads. City shall be responsible for maintaining and repairing access roads and sewer and water facilities providing sewer and water service to the Premises, except for access roads that are located on the Land and sewer and water facilities that solely or primarily benefit the golf course.
9.3 Maintenance Standards. Tenant shall perform the Maintenance of the greens, tees, fairways, rough, cart paths and other turf areas comprising the Golf Course in accordance with the standards for Maintenance described on Exhibit B.
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ARTICLE 10
LIENS
Tenant shall keep the Premises and all of City's property free from any liens arising out of any work performed, material furnished or obligations incurred by or for Tenant. In the event Tenant does not, within five (5) days following the recordation of any such lien, cause the lien to be released of record by payment or posting of a proper bond, City shall have in addition to all other remedies provided herein and by Law or equity the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including, but not limited to, payment of the claim giving rise to such lien. All such sums paid by City and all expenditures it incurs in connection therewith (including, without limitation, reasonable attorneys' fees) shall be payable to City by Tenant upon demand. City shall have the right at all times to post and keep posted on the Premises any notices permitted or required by Law or that City deems proper for its protection and protection of the Premises and City's property, from mechanics' and materialmen's liens. Tenant shall give City at least fifteen (15) days' prior written notice of the commencement of any repair or construction on any of the Premises. Notwithstanding the foregoing, Tenant shall have the right, upon posting of an adequate bond or other security acceptable to the City Manager, to contest any such lien, and in such case City shall not seek to satisfy or discharge such lien unless Tenant has failed to do so within ten (10) days after final determination of the validity thereof. Tenant shall Indemnify City, the other Indemnified Parties and the Premises against any and all Losses arising out of any such contest.
ARTICLE 11
COMPLIANCE WITH LAWS
11.1 Compliance with Laws. Tenant shall promptly, at its sole expense, maintain the Premises and Tenant's use and operations thereon in compliance with all Laws, including, without limitation, the Americans with Disabilities Act, 42 U.S.C.S. §§ 12101 et seq. and Title 24 of the California Code of Regulations, and all Environmental Laws with respect to Hazardous Materials first released on the Premises during the Term.
11.2 Regulatory Approvals. Tenant understands and agrees that Tenant's use and operation of the Premises and construction of the Improvements and Alterations permitted hereunder may require authorizations, approvals or permits from governmental regulatory agencies with jurisdiction over the Premises. Tenant shall be solely responsible for obtaining any and all such regulatory approvals and City shall use its best efforts to cooperate with Tenant and expedite the processing of such regulatory approvals.
ARTICLE 12
FINANCING; ENCUMBRANCES; SUBORDINATION
12.1 Encumbrance of Landlord's Fee Interest. The following provisions shall apply notwithstanding anything to the contrary contained in this Lease.
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(a) Encumbrance by City. To the extent permitted by applicable Law, City may at any time sell or otherwise transfer or encumber its fee estate in any portion of the Premises provided that (i) any such sale or Encumbrance shall be subject and subordinate to all of the terms of this Lease and the leasehold estate created hereby, (ii) the right of possession of Tenant to the Premises shall not be affected or disturbed by any such sale or Encumbrance, or by the exercise of any rights or remedies by any purchaser or Encumbrancer arising out of any instrument reflecting such sale or Encumbrance.
(b) Encumbrance by Tenant. Tenant shall not under any circumstances whatsoever Encumber in any manner the Landlord's interest in the Premises, the City Facilities, City's estate in the Premises or any adjoining property, City's interest under this lease, or any portion thereof.
ARTICLE 13
DAMAGE, DESTRUCTION OR ROAD CLOSURE
13.1 Insured Damage or Destruction to the Premises or Improvements. In the case of insured damage to or destruction of the Premises or Improvements by fire or any other casualty, Tenant shall, with reasonable promptness and diligence and as soon as reasonably possible, restore, repair, replace or rebuild the Premises as nearly as possible to the same condition, quality and class the Premises and Improvements were in immediately before such damage or destruction.
13.2 Uninsured or Underinsured Damage or Destruction. In the case of uninsured damage to or destruction of the Premises or Improvements by fire or any other casualty, or in the event available insurance proceeds are not sufficient to effect such repair, Tenant shall contribute the shortage in proceeds up to a maximum of $2,000,000. If the insurance proceeds together with Tenant's contribution as provided herein are not sufficient to effect such repair, Tenant may elect by written notice to Landlord within 10 days after such determination to: (i) contribute the shortage in proceeds necessary to make such restoration and repair, in which case this lease shall remain in full force and effect, or (ii) have this lease terminate 30 days thereafter. In either case, Tenant shall contribute any available insurance proceeds, along with the aforementioned maximum contribution, to the repair or reconstruction of the Premises. In the event Tenant elects to terminate this Lease under this provision, Landlord shall have the right within 30 days after receipt of the termination notice from Tenant to give written notice to Tenant of Landlord's commitment to pay for the repair of such damage without reimbursement from Tenant. In such event this Lease shall continue in full force and effect, and Tenant shall proceed to make such repairs at landlord's expense as soon as reasonably possible. If Landlord does not make the required commitment, this lease shall terminate as of the date specified in the termination notice.
13.3 Abatement in Rent. The Base Rent (but not Percentage Rent) payable hereunder during the period from the date of the casualty until completion of the restoration, repairs, replacement or rebuilding shall be abated and Tenant shall be entitled to abatement of Base
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Rent in the event of, and for so long as, damage to or closure of Asilomar Avenue materially interferes with access to the Premises by Tenant's customers for two (2) or more consecutive days; provided, however, any such abatement in rent shall be limited to the extent to which Tenant does not receive proceeds from business interruption insurance in respect of the occurrence that would otherwise entitle Tenant to abatement of rent.
13.4 Waiver. The Parties understand and agree that the foregoing provisions of this Article are intended to govern fully the rights and obligations of the Parties in the event of any damage or destruction of the Premises or Improvements, and City and Tenant each hereby waives and releases any right to terminate this Lease in whole or in part under sections 1932 subdivision 2 and 1933 subdivision 4 of the Civil Code of California or under any similar Laws now or hereafter in effect, to the extent such rights are inconsistent with the provisions hereof.
ARTICLE 14
EMINENT DOMAIN
14.1 General. If during the Term, any Taking of all or any part of the Premises or any interest in this Lease occurs, the rights and obligations of the Parties hereunder, and, to the extent applicable, Tenant's Encumbrancer, shall be determined pursuant to this Article. City and Tenant intend that the provisions hereof govern fully in the event of a Taking and accordingly, the Parties each hereby waives any right to terminate this Lease in whole or in part under Sections 1265.120 and 1265.130 of the California Code of Civil Procedure or under any similar Law now or hereafter in effect.
14.2 Total Taking; Automatic Termination. If a Total Taking of the Premises occurs, then this Lease shall terminate as of the Date of Taking. For purposes of this Article 14 a "Total Taking" shall occur when the whole of the Premises shall be permanently taken by exercise of the right of eminent domain or if so much of the area of the Golf Course is taken that it is not reasonably feasible to operate a golf course in the Premises, or at Tenant's election, where the fair market value of the Premises as golf courses as a consequence of the Taking is seventy-five percent (75%) or less after the Taking then before the Taking. In the event of a Total Taking, Tenant shall continue to pay Rent hereunder and observe all of the terms and conditions of this Lease until the Date of Taking, but not thereafter, provided that Tenant and City shall remain subject to those provisions of this Lease which expressly survive the termination of this Lease.
14.3 Partial Taking. In case of a condemnation of a portion of the Premises that is not a Total Taking (a "Partial Taking"), this Lease shall remain in full force and effect as to the portion of the Premises remaining immediately after such taking, without any abatement or reduction of Rent (other than Base Rent, as set forth below) or any other sum payable hereunder, and, Tenant shall promptly repair, reconstruct and restore the Premises so as to render the same as nearly as possible a complete and satisfactory architectural unit of the same type and class immediately preceding such Partial Taking. In the event of a Partial Taking, Tenant and any Tenant's Encumbrancer shall be entitled to participate in such condemnation proceedings if, and to the extent, Tenant and/or Tenant's Encumbrancer is entitled to any award or compensation as provided herein.
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Effective as of the date of any such Partial Taking, the Base Rent payable by Tenant during the remainder of the term of this Lease shall be reduced in proportion to the reduction in the fair market value of the Premises as a golf course as a consequence of such Partial Taking, provided however, that in no event shall the monthly Base Rent be reduced to less than seventy-five percent (75%) of the monthly Base Rent immediately prior to the Date of Taking. Any Base Rent becoming due and payable hereunder between the date of any such Partial Taking and the date of final determination of the amount of the Base Rent reduction, if any, to be made in respect thereof, shall, subject to correction upon such final determination, be temporarily adjusted so that Tenant shall pay, in the interim, as Base Rent, a sum of money equal to such portion of the then current Base Rent as shall be reasonably estimated by Landlord in accordance with the foregoing proportion formula; provided, however, that after such final determination Landlord, within fifteen (15) days after Tenant's request, shall pay to Tenant an amount equal to the amount by which any Base Rent theretofore paid by Tenant for such interim period shall exceed the amount of the Base Rent for such period as so finally determined; provided further, that in the event such final determination shall disclose that the Base Rent paid during such interim period was at a rate less than that finally determined, Tenant covenants and agrees to pay the deficiency as Rent within fifteen (15) days after Landlord's request therefor.
14.4 Collection and Distribution of Condemnation Awards. If this Lease shall terminate pursuant to the provisions of Article 14.2 or if there is a Partial Taking as described in Article
14.3, the total award in the condemnation proceedings for the taking shall be apportioned and paid, to the extent available, in the following order of priority:
(a) Tenant shall be entitled to its expenditures and charges, including, without limitation, reasonable attorneys' fees incurred in connection with the prosecution of its claims with the condemning authority;
(b) If the taking is a Partial Taking, from the remaining portion of the award Tenant shall be paid (1) the cost of restoring the affected portion of the Premises, provided Tenant actually so restores the Premises and (2) any additional amounts attributable to Tenant's use or occupancy of the Premises; (c) From the remaining portion of the award, Landlord shall be entitled to an amount equal to the value, on the date of the taking, of its reversionary interest in the whole or the affected portion of the Premises taken;
(d) From the remaining portion of the award, Tenant's Encumbrancer shall be paid the amount of any indebtedness then owed by Tenant to Tenant's Encumbrancer up to the value of the Tenant Improvements or portion thereof taken and not restored, valued as of the date of the taking, less the value of the Landlord's reversionary interest in the Tenant Improvements;
(e) From the remaining portion of the award (i) Landlord shall be paid the value of its reversionary interest in improvements made by Tenant pursuant to Article 8
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("Tenant Improvements") on the Premises or that portion thereof taken and not restored, such reversionary interest being determined on the basis of the unexpired Term and (ii) Tenant shall be entitled to an amount equal to the value, on the date of the taking, of its remaining interest in the leasehold of the Premises, such remaining interest being determined on the basis of the unexpired Term, provided, however, if there is not sufficient funds available to pay all of the amounts provided for in this subparagraph (e), Landlord and Tenant shall share the amounts pro rata based upon the amounts they would have been entitled to under clauses (i) and (ii) if sufficient funds were available.
Tenant shall also be entitled to apply for a separate award made with respect to a taking of its personal property and/or to compensate Tenant for Tenant's loss of good will and its removal or relocation costs, so long as such award does not otherwise reduce Landlord's award.
14.5 Temporary Taking. If the temporary use of the whole or any part of the Premises shall be taken by any lawful power or authority by the exercise of the right of condemnation or eminent domain, or by agreement between Tenant and those authorized to exercise such right, Tenant shall promptly so notify Landlord, the Term shall not be reduced or affected in any way, Tenant shall continue to pay in full the Rent and other charges herein reserved, without reduction or abatement, and, except to the extent that Tenant is prevented from so doing by reason of any order of the condemning authority, shall continue to perform and observe all of the other covenants, conditions and agreements of this Lease to be performed or observed by Tenant as though such taking had not occurred; and Tenant shall be entitled to receive for itself any and all awards or payments attributable to Tenant's use or occupancy of the Premises during the Term; provided, however, that if possession of the whole or any such part of the Premises as shall have been taken for such temporary use shall revert to Tenant prior to the expiration or earlier termination of the Term, Tenant promptly shall, at Tenant's sole cost and expense, repair any damage to the Premises, or any part thereof; resulting from such taking and shall restore the Tenant Improvements as nearly as may be reasonably possible to the condition existing prior to the taking. The proceeds of any award or payment, up to the total rent owing by Tenant for the period of the Taking, shall be made available for such restoration and shall be paid to Tenant for such purposes. City shall be entitled to receive the balance of any award.
14.6 Award of Subtenants. Any prov1s1on in this Article 14 to the contrary notwithstanding, in the event any subtenant, licensee or concessionaire of Tenant or anyone hold under Tenant shall become entitled to any portion of the award or awards in any condemnation proceedings or by the exercise of any right to eminent domain as provided in this Lease, such award or the aggregate thereof, together with any additional sums to which any such Person, its legal representatives, successors or assigns shall become entitled in connection therewith, shall be deducted entirely from the share of Tenant in each and every instance, and Landlord's share not in any way or in any instance be affected or decreased thereby.
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14.7 Participation in Eminent Domain Process. Landlord shall not prevent Tenant from participating in any eminent domain proceeding to the extent participation is provided for or otherwise available under applicable law and is consistent with the terms and conditions of this Article 14.
14.8 Eminent Domain Proceeds Initiated by City. The provisions of this Article 14 shall not apply to any eminent domain proceeding initiated in respect of Tenant's interest in the Premises of the City. Any such eminent domain proceedings initiated by the City shall be treated as a breach of the Lease by the City.
14.9 Reversion to United States of America. If, during the Term, the United States of America or any official agency thereof exercises any right of reversion or any right reserved in the "Quitclaim Deed" dated September 17, 1951 or the "Quitclaim Deed" dated August 23, 2006, each recorded in the official records of Monterey County, which exercise materially interferes with the ability of Tenant to efficiently and economically operate the Golf Course on the Premises or any portion thereof, Tenant shall have the right in its sole election to terminate this Lease upon not less than 60 days written notice to Landlord subject to the transition provisions set forth in Section 24.13 hereof.
ARTICLE 15
ASSIGNMENT AND SUBLETTING
15.1 Assignment. Subject to Article 12.1 relating to Leasehold Encumbrances, Tenant may assign its interest in this Lease, sublet any portion of the Premises (each, and "Assignment"), only with Landlord's written consent, which shall not be unreasonably withheld.
For purposes of this provision, the term "Assignment" shall include the transfer of any interest in the ownership of Tenant which results in a change of control of Tenant to any person other than, Tom Isaak or John Telischak or Michael Sharp. In the event of the death or disability of both Tom Isaak and John Telischak, and continued major ownership and active management by Michael Sharp, no assignment shall be deemed to occur if the Lease is thereupon assigned to CourseCo Inc. or a wholly owned subsidiary of CourseCo Inc. Tenant agrees that it shall not be unreasonable for Landlord to condition its approval, among other things, upon the proposed assignee or subtenant having a financial net worth, according to a current financial statement prepared by a certified public accountant, which is reasonably acceptable to Landlord, upon the proposed assignee having a reputation for, and qualifications and at least five (5) years' experience in, operating and maintaining golf course properties comparable to the Premises, and upon the proposed assignee having a first-class business reputation. Tenant shall promptly provide Landlord with any information reasonably requested by Landlord relating to the identity of any proposed assignee, the nature of such assignee's business and the proposed assignee's financial responsibility.
15.2 Notice of Proposed Transfer. If Tenant desires to enter into an assignment or a sublease, then it shall give not less than 30 days written notice (a "Notice of Proposed Transfer") to City of its intention to do so. The Notice of Proposed Transfer shall identify the Transferee and state the terms and conditions under which Tenant is willing to enter into such
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proposed Assignment or Sublease, including a copy of the proposed assignment or sublease agreement. Tenant shall provide City with financial statements for the proposed Transferee and such additional information regarding the proposed Transfer as City may reasonably request. In connection with any assignment, to be effective, the assignee shall be obligated to assume all of the obligations of Tenant hereunder accruing from and after the effective date of such assignment.
ARTICLE 16
DEFAULT; REMEDIES
16.1 Events of Default. Any of the following shall constitute an event of default ("Event of Default") by Tenant hereunder:
(a) Rent. Any failure to pay any Rent or other sums as and when due, provided Tenant shall have a period of three (3) business days from the date of written notice of such failure from City within which to cure any default in the payment of Rent or other sums.
(b) Covenants, Conditions and Representations. Any failure to perform or comply with any other covenant, condition or representation made under this Lease (including Tenant's obligation to make the deposits into the Capital Improvement Fund pursuant to Article 8.3 and perform the Maintenance pursuant to Article 9.3, provided Tenant shall have a period of thirty (30) days from the date of written notice of such failure from City (or if such matter was the subject of any court proceeding, then following final resolution of such proceeding) within which to cure such default under this Lease, or, if such default is not capable of cure within such 30-day period, Tenant shall have a reasonable period to complete such cure if Tenant promptly undertakes action to cure such default within such 30-day period and thereafter diligently prosecutes the same to completion and Tenant uses its best efforts to complete such cure within sixty (60) days after the receipt of notice of default from City;
(c) Vacation or Abandonment. Any vacation or abandonment of the Premises for more than fourteen (14) consecutive days; and
(d) Bankruptcy. The appointment of a receiver to take possession of all or substantially all of the assets of Tenant, or an assignment by Tenant for the benefit of creditors, or any action taken or suffered by Tenant under any insolvency, bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, if any such receiver, assignment or action is not released, discharged, dismissed or vacated within sixty (60) days.
16.2 Remedies. Upon the occurrence of an Event of Default by Tenant, City shall have the following rights and remedies in addition to all other rights and remedies available to City at Law or in equity:
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(a) Terminate Lease and Recover Damages. The rights and remedies provided by California Civil Code Section 1951.2 (damages on termination for breach), including, but not limited to, the right to terminate Tenant's right to possession of the Premises and to recover the worth at the time of award of the amount by which the unpaid Base Rent and Additional Charges for the balance of the Term after the time of award exceeds the amount of rental loss for the same period that Tenant proves could be reasonably avoided, as computed pursuant to subsection (b) of such Section 1951.2. City's efforts to mitigate the damages caused by Tenant's breach of this Lease shall not waive City's rights to recover damages upon termination.
(b) Continue Lease and Enforce Rights. The rights and remedies provided by California Civil Code Section 1951.4 (continuation of lease after breach and abandonment), which allows City to continue this Lease in effect and to enforce all of its rights and remedies under this Lease, including the right to recover Rent as it becomes due, for so long as City does not terminate Tenant's right to possession, if Tenant has the right to sublet or assign, subject only to reasonable limitations. For purposes hereof, none of the following shall constitute a termination of Tenant's right of possession: acts of maintenance or preservation; efforts to relet the Premises or the appointment of a receiver upon City's initiative to protect its interest under this Lease; or withholding consent to an Assignment or Sublease, or terminating an Assignment or Sublease, if the withholding or termination does not violate the rights of Tenant specified in subdivision (b) of California Civil Code Section 1951.4. If City exercises its remedy under California Civil Code Section 1951.4, City may from time to time sublet the Premises or any part thereof for such term or terms (which may extend beyond the Term) and at such rent and upon such other terms as City in its sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. Upon each such subletting, Tenant shall be immediately liable for payment to City of, in addition to Base Rent and Additional Charges due hereunder, the cost of such subletting and such alterations and repairs incurred by City and the amount, if any, by which the Base Rent and Additional Charges owing hereunder for the period of such subletting (to the extent such period does not exceed the Term) exceeds the amount to be paid as Base Rent and Additional Charges for the Premises for such period pursuant to such subletting. No action taken by City pursuant to this subsection shall be deemed a waiver of any default by Tenant and, notwithstanding any such subletting without termination, City may at any time thereafter elect to terminate this Lease for such previous default. (c) Self Help. After final adjudication of Tenant's default in respect of any obligation hereunder, City may (but shall not be obligated to) perform the obligation that Tenant failed to perform in respect of such adjudication and charge Tenant for the reasonable cost and expenditures, including attorneys' fees, incurred by City in connection therewith.
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ARTICLE 17
WAIVER OF CLAIMS; INDEMNIFICATION
17.1 Waiver of Claims. Tenant covenants and agrees that City shall not be responsible for or liable to Tenant for, and, to the fullest extent allowed by law, Tenant hereby waives all rights against City and releases City from, any and all losses, including, but not limited to incidental and consequential damages, relating to any injury, accident or death of any person or loss or damage to any property, in or about the Premises from any cause whatsoever except for (i) a breach of this Lease by City, (ii) the negligence or willful misconduct of City or its employees, Agents or contractors, or (iii) the presence of any Hazardous Materials or underground tanks or the failure of the Premises to comply with any Environmental Laws, in each case in respect of this clause (iii) as of the Commencement Date (collectively "Exceptions").
17.2 Tenant's Indemnity. Tenant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Tenant's performance of work hereunder or its failure to comply with any of its obligations contained herein, and including, without limitation, any and all claims for injuries or damages to persons and/or property incurred in connection with or arising directly or indirectly, whole or in part, out of (a) the use of the Premises; (b) a condition of the Premises arising after the Commencement Date; (c) any construction or other work undertaken by Tenant; (d) any acts, omissions or negligence of Tenant, its Agents or Invitees; (e) any accident, injury to or death of a person, including Agents and Invitees of Tenant, except for the Exceptions described in Article 17.1 above. Should conflict of interest principles preclude a single lawyer from representing both City and Tenant, or should City otherwise find Tenant's legal counsel unacceptable, then Tenant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Tenant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Lease.
ARTICLE 18
INSURANCE
18.1 Tenant's Insurance. Tenant shall procure and maintain throughout the Term of this Lease and pay the cost thereof, insurance in the following amounts and coverages:
(a) Property insurance, on an all-risk form, excluding earthquake and flood, for 100% of the full insurable value of the Premises and the permitted Improvements, with any deductible not to exceed $10,000 each occurrence. Such insurance shall be in Tenant's name and City shall be named as additionally insured, as their respective
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interests may appear. With respect to the City's interests, such insurance shall include rental interruption coverage in an amount equal to twelve months Base Rent. "Full insurable value" shall mean the actual replacement cost of the Improvements and the existing improvements which are included in the Premises (excluding foundation and excavation costs but without deduction for physical depreciation). (b) Boiler and Machinery insurance, comprehensive form, covering damage to pressure vessels, heating and air conditioning systems, electrical apparatus and similar property in an amount not less than One Million Dollars ($1,000,000) each occurrence, including Tenant and City as named insureds as their respective interests may appear, with any deductible not to exceed $10,000 each accident. Effective April 1, 2024, insurance coverage under this provision shall increase to an amount not less than Two Million Dollars ($2,000,000) each occurrence.
(c) Comprehensive or commercial general liability insurance with limits not less than Five Million Dollars ($5,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Broad form Property Damage, Independent Contractors, Liquor Liability, Personal Injury, Products and Completed Operations. Effective April 1, 2024, insurance coverage under this provision shall increase to an amount not less than Ten Million Dollars ($10,000,000) each occurrence.
(d) Comprehensive Builder's Risk insurance, on an all-risk form, excluding earthquake and flood, for 100% of the completed value of any Improvements, Alterations or other new construction, including materials in transit and storage off-site, in the event that such construction is beyond the scope of coverage in the property policy for remodeling or renovation. Such policy shall include as named insureds Tenant, City, any contractor in connection with such construction and subcontractors of all tiers, with any deductible not to exceed $10,000 each occurrence. (e) Worker's compensation insurance with coverage in compliance with State statutory limits.
(f) Comprehensive or Business Automobile Liability Insurance Code 1 (any auto) with limits not less than Two Million Dollars ($2,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.
18.2 General Requirements. All insurance provided for under this Lease shall be affected under valid enforceable policies issued by insurers of recognized responsibility (with an A.M.
Best Rating of A.VII or higher, or its equivalent) and reasonably approved by the City Manager. (a) Should any of the required insurance be provided under a claims-made form, Tenant shall maintain such coverage continuously throughout the Term of this Lease and, without lapse, for a period of three (3) years beyond the expiration or termination
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of this Lease, to the effect that, should occurrences during the Term give rise to claims made after expiration or termination of this Lease, such claims shall be covered by such claims-made policies.
(b) Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claim investigation or legal defense costs are included in such general annual aggregate limit, such general aggregate limit shall double the occurrence or claims limits specified above. (c) All General Liability and Automobile Liability Insurance policies shall be endorsed to provide the following:
(i) Name Tenant as the insured and the City, its officers, Agents and employees (and unpaid City volunteers), as Additional Insured, as their respective interests may appear hereunder.
(ii) That such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Lease, and that insurance applies separately to each insured against whom claim is made or suit is brought. Such policies shall also provide for severability of interests and that an act, or omission of one of the named insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to any insured, and shall afford coverage for all claims based on acts, omissions, injury or damage which occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period.
(d) All policies shall be endorsed to provide thirty (30) days' advance written notice by certified mail to City of cancellation, non-renewal or reduction in coverage, mailed to the address(es) for City set forth in the Basic Lease Information.
18.3 Proof of Insurance. Tenant shall deliver to City certificates of insurance and endorsements in form and with insurers satisfactory to City, evidencing the coverages required hereunder, on or before the Commencement Date, together with complete copies of the policies promptly upon City's request, and Tenant shall provide City with certificates and endorsements or policies thereafter at least thirty (30) days before the expiration dates of expiring policies. In the event Tenant shall fall to procure such insurance, or to deliver such policies or certificates, the City Manager may, at its option, procure the same for the account of Tenant, and the cost thereof shall be paid to City within five (5) days after delivery to Tenant of bills therefor.
18.4 Review of Insurance Requirements. Tenant and City shall periodically review the limits and types of insurance carried pursuant to this Article. If the general commercial practice in the City is to carry liability insurance in an amount or coverage materially greater than the amount or coverage then being carried by Tenant with respect to risks comparable to those associated with the Premises, then, at the City Manager's option, Tenant shall increase at its
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sole cost the amounts or coverages carried by Tenant to conform to such general commercial practice.
18.5 No Limitation on Indemnities. Neither Tenant's compliance with the provisions of this Article, nor any approval by City of Tenant's insurance coverage, shall in any way relieve or decrease Tenant's indemnification obligations under Articles 17.2 above and 22.2 below, or any of Tenant's other obligations or liabilities under this Lease.
18.6 Lapse of Insurance. Notwithstanding anything to the contrary in this Lease, this Lease shall terminate immediately, at the City Manager's election, made in his or her sole and absolute discretion by delivery of written notice to Tenant, upon the lapse of any required insurance coverage, unless Tenant reinstates the required insurance coverage within thirty (30) days of such lapse and no event shall have occurred which gives rise to any Claim.
18.7 Tenant's Personal Property. Tenant shall be responsible, at its expense, for separately insuring its personal property.
18.8 City's Self Insurance. Tenant acknowledges that City self-insures against casualty, property damage and public liability risks and agrees City shall not be required to carry any third party insurance with respect to the Premises or otherwise.
18.9 Waiver of Subrogation. Notwithstanding anything to the contrary contained herein, to the extent permitted by their respective policies of insurance, City and Tenant each hereby waive any right of recovery against the other party and against any other party maintaining a policy of insurance covering the Premises or other City property and their contents, or any portion thereof, for any loss or damage maintained by such other party with respect to the Premises, other City property or any portion thereof or the contents of the same or any operation therein, whether or not such loss is caused by the fault or negligence of such other party. If any policy of insurance relating to the Premises or other City property carried by Tenant does not permit the foregoing waiver or if the coverage under any such policy would be invalidated due to such waiver, Tenant shall obtain, if possible, from the insurer under such policy a waiver of all rights of subrogation the insurer might have against City or any other party maintaining a policy of insurance covering the same loss, in connection with any claim, loss or damage covered by such policy.
19.1 Access to Premises by City.
ARTICLE 19
ACCESS BY CITY
(a) General and Emergency Access. City reserves for itself and its designated Agents, the right to enter the Premises and any portion thereof at all reasonable times for any of the following purposes:
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{i) To determine whether the Premises are in good condition and to inspect the Premises (including, without limitation, soil borings or other Hazardous Material Investigations);
(ii) To determine whether Tenant is in compliance with its obligations hereunder and to cure or attempt to cure any such default in accordance with the provisions of Article 16.1 hereof;
(iii) To serve, post or keep posted any notices required or allowed under any of the provisions of this Lease;
(iv) To do any maintenance or repairs to the Premises that City has the right or the obligation, if any, to perform hereunder; and (v) To show it to any prospective purchasers, brokers, Encumbrancers or public officials, or, during the last year of the Term of this Lease, exhibiting the Premises to prospective tenants, bidders, proposers, operators or other occupants, and to post any "for sale" or "for lease" signs in connection therewith.
{b) Minimize Disruption. City shall use its reasonable good faith efforts to conduct any activities on the Premises allowed under this Article in a manner that, to the extent practicable, will minimize any disruption to Tenant's use hereunder.
ARTICLE 20
ESTOPPEL CERTIFICATES
Either Party hereto shall, from time to time during the Term upon not less than twenty {20) days' prior written notice from the other Party, execute, acknowledge and deliver to the other Party, or such persons or entities designated by such other Party, a statement in writing certifying: (a) the Commencement Date and Expiration Date of this Lease, {b) that this Lease is unmodified and in full force and effect (or, if there have been modifications, that the Lease is in full force and effect as modified and stating the modifications), (c) that there are no defaults under this Lease (or if so, specifying the same), {d) the dates, if any, to which the Rent has been paid, and (e) any other information that may be reasonably required by any such persons or entities. Any such certificate delivered pursuant to the provisions hereof may be relied upon by the other Party or any prospective purchaser or Encumbrancer of its estate. The City Manager shall be authorized to execute, acknowledge and deliver any such certificate on behalf of City.
ARTICLE 21
SURRENDER OF THE PREMISES
Upon the Expiration Date or any earlier termination of this Lease pursuant hereto, Tenant shall surrender to City the Premises, in as good condition as it was on the Commencement Date (subject to ordinary wear and tear), order and repair, free from debris
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and hazards, and free and clear of all liens, easements and other Encumbrances created or suffered by, through or under Tenant. On or before the Expiration Date or any earlier termination hereof, Tenant shall, at its sole cost, remove any and all of Tenant's personal property from the Premises. In addition, Tenant shall, at its sole expense, repair any damage to the Premises resulting from the removal of any such items and restore the Premises to their condition immediately prior to the presence of any Improvements or Alterations which are removed. In connection therewith, Tenant shall obtain any and all necessary permits and approvals, including, without limitation, any environmental permits, and execute any manifests or other documents necessary to complete the demolition, removal or restoration work required hereunder. Tenant's obligations under this Article shall survive the Expiration Date or other termination of this Lease. Any items of Tenant's personal property remaining on or about the Premises after the Expiration Date of this Lease may, at City's option, be deemed abandoned and in such case City may dispose of such property in accordance with Section 1980 et seq. of the California Civil Code or in any other manner allowed by Law.
ARTICLE 22
HAZARDOUS MATERIALS
22.1 No Hazardous Materials. Tenant covenants and agrees that neither Tenant nor any of its Agents shall cause any Hazardous Material to be brought upon, kept, used, stored, generated or disposed of in, on or about the Premises or any Improvements or transported to or from the Premises or any Improvements, provided that Tenant may store and use such substances in the Premises and any Improvements in such limited amounts as are customarily used for general office purposes (such as copy toner and supplies) or for maintenance, equipment and supplies for power golf carts, so long as such storage and use is at all times in full compliance with all applicable Environmental Laws and further provided Tenant may use and store quantifies of pesticides and herbicides customarily used in connection with the operation and maintenance of golf courses. Tenant shall immediately notify City if and when Tenant learns or has reason to believe there has been any Release of Hazardous Material in, on or about the Premises or any Improvements. City may from time to time request Tenant to provide adequate information for City to determine that any Hazardous Material permitted hereunder is being handled in compliance with all applicable Environmental Laws, and Tenant shall promptly provide all such information. City and its Agents shall have the right to inspect the Premises for Hazardous Material and compliance with the provisions hereof at all reasonable times upon reasonable advance oral or written notice to Tenant (except in the event of an emergency).
22.2 Tenant's Environmental Indemnity. If Tenant breaches any of its obligations contained in Article 22.1 above, and such breach results in any Release of Hazardous Material in, on, under or about the Premises, without limiting Tenant's general Indemnity contained in Article 17.2 above, Tenant, on behalf of itself and its successors and assigns, shall Indemnify City and the Indemnified Parties, and each of them, from and against all Hazardous Materials Claims arising during or after the Term of this Lease and relating to such Release. The foregoing Indemnity includes, without limitation, all costs associated with the Investigation and
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Remediation of Hazardous Material and with the restoration of the Premises or any other City property to its prior condition including, without limitation, fines and penalties imposed by regulatory agencies, natural resource damages and losses, and revegetation of the Premises or other City property.
22.3 landlord's Environmental Indemnity. Landlord agrees to indemnify and hold harmless Tenant from and against any and all and losses, liabilities and claims arising out of the presence, use, generation, storage, release, or disposal of Hazardous Materials occurring prior to the Commencement Date or by Landlord, its agents or contractors whether before or after the Commencement Date. In no event shall Tenant be liable or responsible for any Hazardous Materials existing at the Premises prior to the Commencement Date.
ARTICLE 23
SECURITY DEPOSIT
Upon execution of this Lease Tenant shall deposit with City the sum specified for the security deposit in the Basic Lease Information as security for the faithful performance of all terms, covenants and conditions of this Lease. Should City use any portion of the Security Deposit to cure any Event of Default by Tenant hereunder, Tenant shall immediately replenish the Security Deposit to the original amount, and Tenant's failure to do so within ten (10) days of City's notice shall constitute a material Event of Default under this Lease. City's obligations with respect to the Security Deposit are solely that of debtor and not trustee. City shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to any interest on such Security Deposit. The amount of the security deposit shall not be deemed to limit Tenant's liability for the performance of any of its obligations under this Lease. If Tenant is not in default at the expiration or termination of this Lease, Landlord shall return the Security Deposit to Tenant.
ARTICLE 24
GENERAL PROVISIONS
24.1 Notices; Reasonable Approvals.
(a) Except as otherwise expressly provided in this Lease, any notice given hereunder shall be effective only if in writing and given by delivering the notice in person, or by sending it first-class mail or certified mail with a return receipt requested or reliable commercial overnight courier, return receipt requested, with postage prepaid, to: (a) Tenant (i) at Tenant's address set forth in the Basic Lease Information, if sent prior to Tenant's taking possession of the Premises, or (ii) at the Premises if sent on or subsequent to Tenant's taking possession of the Premises, or (iii) at any place where Tenant or any Agent of Tenant may be found if sent subsequent to Tenant's vacating, abandoning or surrendering the Premises; or (b) City at City's address set forth in the Basic Lease Information; or (c) to such other address as either City or Tenant may designate as its new address for such purpose by notice given to the other in accordance with the provisions of this Article at least ten (10) days prior to the effective
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date of such change. Any notice hereunder shall be deemed to have been given two (2) days after the date when it is mailed if sent by first-class or certified mail, one day after the date it is made if sent by commercial overnight courier or upon the date personal delivery is made. For convenience of the Parties, copies of notices may also be given by telefacsimile to the telephone number set forth in the Basic Lease Information or such other number as may be provided from time to time; however, neither party may give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of a telefacsimile copy of the notice.
(b) Wherever the approval or consent (or similar words or phrases) of either Party is required hereunder, such Party shall not unreasonably withhold or delay such approval or consent.
24.2 Amendments. Neither this Lease nor any term or prov1s1ons hereof may be changed, waived, discharged, terminated or amended, except by a written instrument signed by the Parties hereto.
24.3 Authority. If Tenant signs as a corporation, a partnership or a limited liability company, each of the persons executing this Lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly authorized and existing entity, that Tenant has and is qualified to do business in California, that Tenant has full right and authority to enter into this Lease, and that each and all of the persons signing on behalf of Tenant are authorized to do so.
Upon City's request, Tenant shall provide City with evidence reasonably satisfactory to City confirming the foregoing representations and warranties.
24.4 Interpretation of Lease. The captions preceding the articles and sections of this Lease and in the table of contents have been inserted for convenience of reference only and such captions shall in no way define or limit the scope or intent of any provision of this Lease.
This Lease has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with herein and shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against the Party responsible for drafting any part of this Lease. Provisions in this Lease relating to number of days shall be calendar days, unless otherwise specified, provided that if the last day of any period to give notice, reply to a notice or to undertake any other action occurs on a Saturday, Sunday or a bank or City holiday, then the last day for undertaking the action or giving or replying to the notice shall be the next succeeding business day. Use of the word "including" or similar words shall not be construed to limit any general term, statement or other matter in this Lease, whether or not language of non-limitation, such as "without limitation" or similar words, are used.
24.5 Successors and Assigns. Subject to the provisions of Article 12 and Article 15 hereof relating to Leasehold Encumbrances and Assignment and Subletting, the terms, covenants and conditions contained in this Lease shall bind and inure to the benefit of City and Tenant and, except as otherwise provided herein, their personal representatives and successors and assigns; provided, however, that upon any sale, assignment or transfer by City named herein (or by any
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subsequent landlord) of its interest in the Premises as owner or lessee, including any transfer by operation of Law, City (or any subsequent landlord) shall be relieved from all subsequent obligations and liabilities arising under this Lease subsequent to such sale, assignment or transfer.
24.6 Brokers. Neither Party has had any contact or dealings regarding the leasing of the Premises, or any communication in connection therewith, through any licensed real estate broker or other person who could claim a right to a commission or finder's fee in connection with the lease contemplated herein except as identified in the Basic Lease Information, whose commission, if any is due, shall be paid pursuant to a separate written agreement between such broker and the Party through which such broker contracted. In the event that any other broker or finder perfects a claim for a commission or finder's fee based upon any such contact, dealings or communication, the Party through whom the broker or finder makes a claim shall be responsible for such commission or fee and shall Indemnify the other Party from any and all Losses incurred by the indemnified Party in defending against the same. The provisions of this Article shall survive any termination of this Lease.
24.7 Severability. If any provision of this Lease or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons, entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this Lease shall be valid and be enforceable to the fullest extent permitted by Law.
24.8 Governing Law. This Lease shall be construed and enforced in accordance with the Laws of the State of California. Venue for any action shall be in the County of Monterey.
24.9 Entire Agreement. This instrument (including the exhibits hereto, which are made a part of this Lease) contains the entire agreement between the Parties and supersedes all prior written or oral negotiations, discussions, understandings and agreements. The Parties further intend that this Lease shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever (including prior drafts of this Lease and any changes therefrom) may be introduced in any judicial, administrative or other legal proceeding involving this Lease. Tenant hereby acknowledges that neither City nor City's Agents have made any representations or warranties with respect to the Premises or this Lease except as expressly set forth herein, and no rights, easements or licenses are or shall be acquired by Tenant by implication or otherwise unless expressly set forth herein.
24.10 Attorneys' Fees and Costs. If any action is commenced that arises out of or related to this Lease, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge to be reasonable attorneys' fees, expert fees, and expenditures in the action, in addition to costs and expenditures otherwise allowed by law. In any matter arising out of or relating to the bankruptcy of Tenant, Tenant agrees to pay all of Landlord's costs and expenditures, including attorneys' fees and expert fees, which may be incurred in enforcing or protecting Landlord's rights or interests.
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24.11 Holding Over. Any holding over after the expiration of the Term with the express consent of the City Manager shall be construed to automatically extend the Term of this Lease on a month-to-month basis only, at a Base Rent equal to one hundred twenty-five percent (125%) of the latest Base Rent payable by Tenant hereunder prior to such expiration, together with an amount estimated by City for the monthly Additional Charges payable under this Lease, and shall otherwise be on the terms and conditions herein specified so far as applicable (except for those pertaining to the Term). Any holding over without City's consent shall constitute a default by Tenant and entitle City to exercise any or all of its remedies as provided herein, notwithstanding that City may elect to accept one or more payments of Rent, and whether or not such amounts are at the holdover rate specified above or the rate in effect at the end of the Term of the Lease. Nothing in this Article 24.11 shall preclude City from initiating an unlawful detainer action where appropriate.
24.12 Cumulative Remedies. All rights and remedies of either party hereto set forth in this Lease shall be cumulative, except as may otherwise be provided herein.
24.13 Transition Procedures. Upon the expiration of the Term or earlier termination of this Lease, for whatever reason, Tenant and City shall do the following (and the provisions of this Article 24.13 shall survive the expiration or termination of this Lease until they have been fully performed) and, in general, shall cooperate in good faith to effect an orderly transition of the management of the Premises.
(a) Transfer of Licenses. Upon the expiration or earlier termination of the Lease, Tenant shall use its best efforts (i) to transfer to City or City's nominee all licenses, operating permits and other governmental authorizations and all contracts which City elects to assume, including contracts with governmental or quasi-governmental entities and management contracts, that may be necessary for the operation of the Premises and completion of any repairs, maintenance, Improvements or Alterations (collectively, "Licenses"), or (ii) if such transfer is prohibited by law or City otherwise elects, to cooperate with City or City's nominee in connection with the processing by City or City's nominee of any applications for all Licenses; provided, in either case, that the costs and expenditures of any such transfer or the processing of any such application shall be paid by City or City's nominee.
(b) Leases and Concessions. Tenant shall assign to City or City's nominee simultaneously with the termination of this Lease, and the assignee shall assume all leases, subleases, and concession agreements in effect with respect to the Premises then in Tenant's possession, which City or City's nominee elects to assume. (c) Books and Records. All books and records for the Premises kept by Tenant shall be delivered promptly to City or City's nominee, simultaneously with the termination of this Lease, but such books and records shall thereafter be available to Tenant at all reasonable times for inspection, audit, examination, and transcription for a period of one year and Tenant may retain (on a confidential basis) copies or computer records thereof.
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{d) Personal Property. Tenant shall negotiate in good faith with City or City's nominee for the sale of all or any portion of Tenant's personal property which City or City's nominee elects to purchase.
24.14 Survival of Indemnities. Termination of this Lease shall not affect the right of either Party to enforce any and all indemnities and representations and warranties given or made to the other Party under this Lease, nor shall it affect any provision of this Lease that expressly states it shall survive termination hereof. Tenant specifically acknowledges and agrees that, with respect to each of the indemnities contained in this Lease, Tenant has an immediate and independent obligation to defend City and the other Indemnified Parties from any claim which actually or potentially falls within the indemnity provision even if such allegation is or may be groundless, fraudulent or false, which obligation arises at the time such claim is tendered to Tenant by City and continues at all times thereafter.
24.15 Relationship of Parties. City is not, and none of the provisions in this Lease shall be deemed to render City, a partner in Tenant's business, or joint venture or member in any joint enterprise with Tenant. Neither Party shall act as the agent of the other Party in any respect hereunder, and neither Party shall have any authority to commit or bind the other Party without such party's consent as provided herein. This Lease is not intended nor shall it be construed to create any third party beneficiary rights in any third party, unless otherwise expressly provided. The granting of this Lease by City does not constitute authorization or approval by City of any activity conducted by Tenant on, in or relating to the Premises. Tenant, its employees, assignees, subcontractors, or agents shall at no time be deemed employees of City.
24.16 Transfer by City. If City sells or otherwise transfers the Premises, City shall be released from its obligations hereunder arising on or after the date of such sale or transfer and Tenant shall look solely to the successor-in-interest to City. Upon a sale of the Premises by City, Tenant shall attorn to the purchaser or transferee, such attornment to be effective and self-operative without the execution of any further instruments on the part of the Parties to this Lease. This Lease shall not be deemed to constitute any commitment by City, or create any priority or right in favor of Tenant, with regard to any future sale or other disposition of the Premises, or any portion thereof.
24.17 Non-Liability of City Officials, Employees and Agents. No elective or appointive board, commission, member, officer, employee or other Agent of City shall be personally liable to Tenant, its successors and assigns, in the event of any default or breach by City or for any amount which may become due to Tenant, its successors and assigns, or for any obligation of City under this Agreement.
24.18 Consents, Approvals, Elections and Options. Any consent or approval required by the City, or any election or option exercisable by the City, must be given or exercised by the City Manager of the City.
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24.19 Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
24.20 Waiver. No waiver of any default by Tenant hereunder shall be implied from any acceptance by City of any rent or other payments due hereunder or any omission by City to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than as specified in said waiver. The consent or approval of City to any act by Tenant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent or approval to any subsequent similar acts by Tenant.
24.21 Voluntary Agreement: Authority to Execute. City and Tenant each represent that they have read this Lease in full and understand and voluntarily agree to all provisions herein. The Parties further declare that prior to signing this Lease they each had the opportunity to apprise themselves of relevant data, through sources of their own selection, including consultation with legal counsel of their choosing if desired, in deciding whether to execute this Lease. The signatories to this Lease represent that they have the proper authority to execute this Lease on behalf of the respective Party.
City and Tenant have executed this Golf Course Lease in triplicate as of the date first written above.
Its: _---:P--',ft_=t{,=;J=f~=->----
By: _____________ Its: __________ _
Its: City Manager
Per Ordi an e No. 14-018, adopted by the City Council at its meeting of September 17, 2014.
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Exhibit A
Description of Premises
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Exhibit B
Maintenance Standards
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Exhibit C
Schedule of Personal Property
Year Condition Hours
Greens Mowers
1. 7 Greensmaster 1000 1993-1997 Fair-Good N/A
2. Toro 3150 2005 Fair 4,090
Collar/Tees/ Approach Mowers
1. Toro 3150 3wd 2007 Good 21544
2. John Deere 2243 1998 Fair 3,605
Fairway Mowers
1. John Deere 8700 2008 Good 3,302
2. John Deere 3235c 2006 Fair 2,834
Rough Mowers/ Green Banks
1. Jacobson AR-5 2005 Fair 2,115
2. Toro GM 3500-D 2004 Good 2,909
3. Toro GM 3500 2002 Good 2,354
Utility Vehicles
1. Toro Workman HD 1997 Fair 5,976
2. Toro Workman HD 1998 Fair 6,925
3. Toro Workman HD 1999 Fair 4,148
4. Toro Workman HD 2002 Good 3,867
5. Toro Workman HD 2003 Good 2,564
6. Toro Workman MD 2011 Excellent 353
Miscellaneous Equipment
1. Cushman Truckster/GA 60 1999 Excellent 320
2. Cushman Corehavestor 1993 Fair 899
3. Buffalo Turbine Blower 2002 Good N/A
4. Toro Greens Aerifier 2001 Good N/A
5. Toro Greens Aerifier 2003 Good N/A
6. John Deere 1800 Sprayer 1995 Fair N/A
7. Hahn Top dresser 1991 Bad N/A