AGENDA
Tuesday, February 7, 2023 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK
SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR
AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA
GROUNDWATER SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determin ed in Resolution 2023-01, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2023, or such time as the City Council may adopt a resolution in a ccordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/
PARTICIPATION
You may participate in the City Council meeting in real -time by calling Zoom Meeting via the weblink and phone number provided at the top of thi s agenda. Instructions on how to access, view and partici pate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by u sing the “Raise Your Hand” feature in the webinar or by pr essing *9 on your telephone keypad if joining by phone only.
The most effective method of communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m . on the day of the meeting. All comments received will become part of the record.
Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materials, staff reports and background information r elated to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet wil l be made available on the City of Marina website www.cityofmarina.org subject to City staff’s abili ty to post the documents before the meeting
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 2
VISION STATEMENT
Marina will grow and mature from a small town bedro om community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it f rom the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built up on the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHME NT OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro -Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT ON CLOSED SESSION:
4. CLOSED SESSION:
a. Conference with Legal Counsel, five (5) case of existing liti gation pursuant to paragraph (1) of subdivision (d) of CA Govt. Code Section 54956.9:
(1) Appeal No. A-3-MRA-19-0034 by California American Water Company, et. al., to the California Coastal Commission over Denial by the City of Marina for a Coastal Development Permit for Construction of Slant Intake Wells for the Monterey Peninsula Water Supply Project; (2) Appeal by the City of Marina and Marina Groundwat er Sustainability Agency of Monterey County Superior Court Case No. 19C V005270, C ity of Marina and Marina Gr oundwater Sustainability Agency v. County of Monterey; Monterey County Board of Supervisors; County of Monterey Groundwater Sustainability Agency; California Depar tment of Water Resources (DWR); and Director Karla Nemeth in her o fficial capacity; (3) City of Marina v. RMC Lonestar, RMC Pacific Materials LLC, California-American Water Company, Marina Coa st Water District, and Monterey County Water Resources Agency, Monterey County Superior Court Case No. 20CV001387; (4) C alifornia- American Water Company v. A ll Persons Interested in the Vali dity of the City of Marina Groundwater Sustainab ility Agency’s Sustainability Plan for the M arina GSA Area of the 180 -/400-foot Aquifer Subbasin; City of Marina; City of Marina Groundwater Sustainability Agency and does 1-50; and (5) City of Marina, et al. v.
All Persons Interested in the Validity of th e Monterey County Groundwater Sustainability Plan, Monterey County Superior Court Case No. 21CV000493.
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 3
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Wreaths Across America Mobile Education Exhibit Proclamation.
7. COUNCIL AND STAFF ANNOUNCEMENTS:
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appro priate place to comment on items on the Consent Agenda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) min utes and/or cont inued to the end o f the agenda . Any member of the publi c may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the for mer Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Con sent Agenda for individual consideration. If an i tem is pulled for discussion, it will be placed at the end of Other Acti on Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a re sponse. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101633-101723, totaling $757,372.32. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) January 18, 2023, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolutio n No. 202 3-, regarding the Ralph M. Brown A ct (California G overnment Code §§ 54950-54963, making c ertain findings; and authorizing the city to continue to i mplement remote teleconferenced public me etings of the City C ouncil and its constituent bodies for th e period February 19, 2023, through February 28, 2023.
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 4
(2) Adopting Resolution No. 2023-, approving the salary range adjustment for Planning Manager.
(3) Adopting Resolution No. 2023-, approving the allocation of $ 165,000 for emergency fire sprinkler system repairs at 761 Neeson Road. g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolut ion No. 2023 -, authorizing an interlocal contract for cooperative purchasing of goods and services with the BuyBoard. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting O rdinance No. 202 3-01, amending Chapter 17, Article 4, of the Marina Municipal Code by adding a new Section 17.48.1 30 “ Affordable Housing Overlay” and amending Section
2.28 of the Marina General Plan.
m. APPROVE APPOINTMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2023-, approving the appointment four people to the Tree Committee.
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
a. Open a public hearing and consider amending Title 17 (Zoning Ordinance) of the Marina Municipal Code and add Sec tion 2.37.1 to the General Plan i n response to Senate Bill 478. This state law encourages the adoption of policies that support missing middle housing projects. The proposed amendm ents are exempt from CEQA per S ection 15061(b)(3) of the CEQA Gui delines.
Continued from January 18, 2023.
b. Open a public hearing, take public testimon y, and consider adopting a n Ordinance amendin g Section 17.46 ( Signs) of the Marina Municipal Code.
The proposed amendments are exempt from CEQA per section 15061(b)(3) .
This item to be continued to March 7, 2023.
12. OTHER ACTIONS IT EMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA RED EVELOPMENT AGENC Y: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on an y items. Members of the public may be given up to three (3) minutes to speak. a. Adopting Resolution No. 2023 - (SA-MRA), taking the final actions required to issue tax increment bonds for the Dunes on Monte rey Bay project, including approving the form and aut horizing distribution of two preliminary official statements in connection with the offering and sale of two series of tax allocation bonds by the Successor Agency to make payments on an enforceable obligation, and approving related documents and actions.
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 5
13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff. The City Council ma y, at i ts discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional ma jor projects or p rograms sh ould be undertake n without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Read by Title Only and adopting O rdinance No. 202 3-, a mending Marina Municipal Code ( MMC) Chapter 5.32 (C ardrooms) to modify the c riteria for the transfer of cardroom permits pursuant to MMC 5.32.09 0 and to amend MMC Sections 5.32.102 to remove the moratorium on new cardroom permits and 5.32.106 to clarify no more th an two cardroom permits . The proposed amendments are exempt from environmental review per Se ction 15060(c)(2) of the CEQA Guidelines.
b. Adopting Resol ution No. 202 3-, consider modifications to remove the required faç ade i mprovements and grant an extension of the s ite improvements in City Council Resolution No. 2020-65 to January 3, 2024, for the combined medical/adu lt cannabis dispensary use at 3100 Del Mon te Boulevard (APN 032 -192-018-000); This project is exempt fro m CEQ A pe r Article 19, Section 15301 (existing f acilities). Continued from November 15 and December 6, 2022
c. Consider public meeting format after February 28, 2023; and provide direction to staff.
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on me etings and conferences attended (Gov’t Code Section 53232).
15. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk , of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corn er of Reservation Road a nd De l Mon te Boulevard on or before 6:30 p.m., Friday, February 3, 2023.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission an d Redevelo pment Agency meetings are recorded on tape an d available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.
City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 o n the Sunday follo wing the R egular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. eve ry Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 6
Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.
Supplemental materials received after the close of the final agenda and t hrough noon on the day o f the scheduled meeting will be available for public review at the City Clerk’s Office during reg ular off ice hours and in a ‘Supplemental Binder’ at the meeting.
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable ch annel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language int erpreters, readers, l arge print a gendas or other accommodations, please call (831) 884 -1278 or e -mail: [email protected]. Requests must be made at least 48 hours in advance of the meeting.
U p c o m i n g 20 2 3 M e e t i n gs o f th e C i t y C o u n c i l, Ai r p o r t C om m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C o r p o r a t i on , P r e s t o n P ar k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t Co r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i n a G r o u n d w a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M eet i n g s : 5 : 0 0 p. m. C l o s e d S e s si on; 6 : 30 p .m . R e g u l a r O p e n S e s s i o n s
*Wednesday, February 22, 2023
*Wednesday, July 5, 2023
Tuesday, July 18, 2023
Tuesday, March 7, 2023
Tuesday, March 21, 2023
**Wednesday, August 2, 2023
Tuesday, August 15, 2023
Tuesday, April 4, 2023
Tuesday, April 18, 2023
*Wednesday, September 6, 2023
Tuesday, September 19, 2023
Tuesday, May 2, 2023
Tuesday, May 16, 2023
Tuesday, October 3, 2023
Tuesday, October 17, 2023
Tuesday, June 6, 2023
Tuesday, June 20, 2023
Tuesday, November 7, 2023
Tuesday, November 21, 2023
Tuesday, December 5, 2023
Tuesday, December 19, 2023
* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out
CI TY H A L L 2023 H O L I D A Y S
(City Hall Closed)
Presidents’ Day ------------------------------------------------------- Monday, February 20, 2023 Memorial Day ------------------------------------------------------------- Monday, May 27, 2023 Independence Day (City Offices Closed) ------------------------------- Tuesday, July 4, 2023 Labor Day ------------------------------------------------------------ Monday, September 4, 2023 Veterans Day (City Offices Closed) ------------------------------- Friday, November 10, 2023 Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 7
Thanksgiving Day ------------------------------------------------- Thursday, November 23, 2023 Thanksgiving Break -------------------------------------------------- Friday, November 24, 2023 Winter Break ---------------------- Monday, December 25, 2023-Friday, December 29, 2023
__ _ ____ __ ______ _ ____ __
2023 COMMISSION DATES
Up c o m i n g 20 2 3 Me e t i n g s of D e s i g n R e v i e w B o a r d 3rd Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M. ** = Change in location due to conflict with Council meeting
March 16, 2023 June 15, 2023 September 21, 2023
April 20, 2023 July 20, 2023 October 19, 2023
May 18, 2023 August 17, 2023 November 16, 2023
December 21, 2023
U p c o m i n g 202 3 Me e t i n g s o f E c o n o m i c D e v e l o p m e nt C o m m i s s i on
3rd Thursday of every month. Meetings are held at the Council Chambers at 4:00 P.M.
March 17, 2023 June 16, 2023 September 15, 2023
April 21, 2023 July 21, 2023 October 20, 2023
May 19, 2023 August 18, 2023 November 17, 2023
December 15, 2023 (Cancelled)
Up c o m i n g 202 3 Me e t i n g s o f P l a n n i n g C o m m i s s i on 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
January 26, 2023 May 11, 2023 September 14, 2023
February 9, 2023 May 25, 2023 September 28, 2023
February 23, 2023 (Cancelled) June 8, 2023 October 12, 2023 March 9, 2023 June 22, 2023 October 26, 2023
March 23, 2023 July13, 2023 November 16, 2023
April 13, 2023 July 27, 2023 November 30, 2023
April 27, 2023 August 10, 2023 December 14, 2023
August 24, 2023
U p c o m i n g 2 02 3 M e e t i n g s o f P u b l i c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.
February 16, 2023 May 18, 2023 September 21, 2023
March 16, 2023 June 15, 2023 October 19, 2023
April 20, 2023 July 20, 2023 November 16, 2023
August 17, 2023 December 21, 2023
Agenda for City Council Meeting of Tuesday, February 7, 2023 Page 8
Up c o m i ng 202 3 M e e t i n g s o f R ec r e a t i o n & C u l t u r a l Se r v i c es Co m mi ss i on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.
April 6, 2023 September 1, 2023 December 1, 2023
Upc o m i n g 20 2 3 Mee t i n g s of M a r i n a T r e e C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.
April 13, 2023 July 13, 2023 October 12, 2023
Agenda Item: 6a
Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background 11787 - Robert Hall Bob Hall & Associates 1149 Professional Recruitment Services -
HR Director - Milestone
#1
Paid by Check
# 101596
01/17/2023 01/17/2023 01/17/2023 01/20/2023 7,000.00
10872 - Pinnacle Healthcare 407180 Pinnacle Healthcare - Pre Emp Px
Paid by Check
# 101621
12/28/2022 01/18/2023 01/18/2023 01/20/2023 404.00
Account 6300.305 - Prof Svc HR - Citywide Recruit/Background Totals Invoice Transactions 2 $7,404.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN Regular Ethenol Paid by Check
# 101613
01/06/2023 01/11/2023 01/11/2023 01/20/2023 74.41
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $74.41 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 3 $7,478.41 Division 000 - Non-Div Totals Invoice Transactions 3 $7,478.41 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 3 $7,478.41 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 23-01 Service 1/3-12/2023 Paid by EFT # 2888
01/13/2023 01/10/2023 01/10/2023 01/20/2023 2,992.50
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $2,992.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,992.50 Division 000 - Non-Div Totals Invoice Transactions 1 $2,992.50 Department 130 - Finance Totals Invoice Transactions 1 $2,992.50 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 10257 - Goldfarb & Lipman 461099 General File -
December 2022
Paid by Check
# 101602
01/17/2023 01/17/2023 01/17/2023 01/20/2023 352.00
10257 - Goldfarb & Lipman 461100 The Dunes - December
2022
Paid by Check
# 101602
01/17/2023 01/17/2023 01/17/2023 01/20/2023 768.00
11704 - Wellington & Rathie - Robert R
Wellington Jr.
26274 Abrams Park-Marina
Height-Sea Haven -
September 2022
Paid by Check
# 101628
01/11/2023 01/11/2023 01/11/2023 01/20/2023 60.00
11704 - Wellington & Rathie - Robert R
Wellington Jr.
26271 General Matters -
September 2022
Paid by Check
# 101628
01/11/2023 01/11/2023 01/11/2023 01/20/2023 140.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM Page 1 of 20 Accounts Payable by G/L Distribution Report
Payment Date Range 01/20/23 - 01/20/23
Agenda Item: 10a
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
150 - City Attorney
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
11704 - Wellington & Rathie - Robert R
Wellington Jr.
26273
Land Use & Operations
- September 2022
Paid by Check
# 101628
01/11/2023
01/11/2023
01/11/2023
01/20/2023
620.00
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
Totals
Invoice Transactions
5 $1,940.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $1,940.00
Division
000 - Non-Div
Totals
Invoice Transactions
5 $1,940.00
Department
150 - City Attorney
Totals
Invoice Transactions
5 $1,940.00
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6150.200 - Medical Dental
10737 - Premier Access Insurance-Premium
Payment
01-01-23.
Dental Claim (01/2023)
Paid by Check
# 101631
01/01/2023
01/01/2023
01/01/2023
01/20/2023
1,542.15
Account
6150.200 - Medical Dental
Totals
Invoice Transactions
1 $1,542.15
Account
6150.500 - Medical Vision
10607 - Vision Service Plan
01-01-23.
VSP Adjustment
(01/2023)
Paid by Check
# 101632
01/01/2023
01/01/2023
01/01/2023
01/20/2023
101.84
Account
6150.500 - Medical Vision
Totals
Invoice Transactions
1 $101.84
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
Dec 2022 313-6
PG&E 6793435313-6
Paid by Check
# 101620
12/27/2022
01/10/2023
01/10/2023
01/20/2023
9,546.66
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $9,546.66
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
11-30-22 FD
Acct# 000056041 -
3260 Imjin Road
Paid by Check
# 101610
11/30/2022
01/13/2023
01/13/2023
01/20/2023
262.74
10349 - Marina Coast Water District
12-30-22 FD
Acct# 000056041 -
3260 Imjin Road
Paid by Check
# 101610
12/30/2022
01/13/2023
01/13/2023
01/20/2023
281.62
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
2 $544.36
Account
6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account
286456748-1
Office Supplies
Paid by Check
# 101618
01/12/2023
01/11/2023
01/11/2023
01/20/2023
324.86
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $324.86
Account
6400.635 - Material & Suppl Postage Shipping
10509 - Reserve Account - Pitney Bowes
01-11-23
Postage Meter Refill
Paid by Check
# 101623
01/11/2023
01/11/2023
01/11/2023
01/20/2023
1,500.00
Account
6400.635 - Material & Suppl Postage Shipping
Totals
Invoice Transactions
1 $1,500.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6600.630 - Other Charges Promotional Activities
11786 - Natalie Zayas Delgado
01-16-23
Lyft for MLK
Paid by Check
# 101630
01/16/2023
01/13/2023
01/13/2023
01/20/2023
67.03 Account
6600.630 - Other Charges Promotional Activities
Totals
Invoice Transactions
1 $67.03
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
8 $13,626.90
Division
000 - Non-Div
Totals
Invoice Transactions
8 $13,626.90
Department
190 - Citywide Non-Dept
Totals
Invoice Transactions
8 $13,626.90
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10865 - Hayon Inc. (University Chevron
Marina)
04-2022PD
Marina PD - Quarter 4
Paid by Check
# 101605
01/12/2023
01/13/2023
01/13/2023
01/20/2023
450.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $450.00
Account
6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation
4142671909
Mat Service -
Police/Fire 01/06/23
Paid by Check
# 101598
01/06/2023
01/12/2023
01/12/2023
01/20/2023
37.59 10493 - Pure H2O
18487
Water Cooler Service
Police & Fire 01/01/23
Paid by Check
# 101622
01/01/2023
01/12/2023
01/12/2023
01/20/2023
88.55 Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
2 $126.14
Account
6360.680 - Maint & Repairs Radio Equip
10221 - Emergency Vehicle Specialists
14476
Cust ID #00125
Paid by EFT #
2887
11/18/2022
01/13/2023
01/13/2023
01/20/2023
1,192.37
Account
6360.680 - Maint & Repairs Radio Equip
Totals
Invoice Transactions
1 $1,192.37
Account
6380.150 - Utilities Comm Phone System
10053 - AT & T
09-14-22
Acct #831 384-7723
454 4
Paid by Check
# 101594
09/14/2022
01/18/2023
01/18/2023
01/20/2023
756.90
10053 - AT & T
10-14-22
Acct #831 384-7723
454 4
Paid by Check
# 101594
10/14/2022
01/18/2023
01/18/2023
01/20/2023
755.82
10053 - AT & T
12-14-22
Acct #831 384-7723
454 4
Paid by Check
# 101594
12/14/2022
01/18/2023
01/18/2023
01/20/2023
837.38
10057 - Avaya, Inc.
2734647475
Acct #0100828859
Paid by EFT #
2885
01/04/2023
01/13/2023
01/13/2023
01/20/2023
12.49 Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
4 $2,362.59
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
12-30-22
Acct #000056 091
Paid by Check
# 101610
12/30/2023
01/13/2023
01/13/2023
01/20/2023
245.50
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
1 $245.50
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
2,827.58
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $2,827.58
Account
6400.720 - Material & Suppl Safety Equip
10330 - LC Action
447743
Cust #862
Paid by Check
# 101609
01/11/2023
01/13/2023
01/13/2023
01/20/2023
2,697.00
Account
6400.720 - Material & Suppl Safety Equip
Totals
Invoice Transactions
1 $2,697.00
Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc 10899 - Monterey County Animal Services
11-15-22
City of Marina
Paid by Check
# 101611
11/15/2022
01/13/2023
01/13/2023
01/20/2023
5,401.00
Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc Totals
Invoice Transactions
1 $5,401.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
12 $15,302.18
Division
000 - Non-Div
Totals
Invoice Transactions
12 $15,302.18
Department
210 - Police
Totals
Invoice Transactions
12 $15,302.18
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
123022
Plan review &
inspection at 480
Lassen Way Marina
5000
Paid by Check
# 101597
01/07/2023
01/12/2023
01/12/2023
01/20/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
123021
Plan review &
inspection at 478
Lassen Way Marina
5000
Paid by Check
# 101597
01/07/2023
01/12/2023
01/12/2023
01/20/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
123020
Plan review &
inspection at 3009
Arroyo Drive, Marina
6000
Paid by Check
# 101597
01/07/2023
01/12/2023
01/12/2023
01/20/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
122529
Plan review &
inspection at 3005
Arroyo Drive, Marina
6000
Paid by Check
# 101597
12/28/2022
01/12/2023
01/12/2023
01/20/2023
200.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
2022-Z
Apartment Inspections
(36 apts)
Paid by Check
# 101597
12/27/2022
01/12/2023
01/12/2023
01/20/2023
2,700.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
5 $3,500.00
Account
6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation
4142671909
Mat Service -
Police/Fire 01/06/23
Paid by Check
# 101598
01/06/2023
01/12/2023
01/12/2023
01/20/2023
117.48
10493 - Pure H2O
18487
Water Cooler Service
Police & Fire 01/01/23
Paid by Check
# 101622
01/01/2023
01/12/2023
01/12/2023
01/20/2023
113.53
Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
2 $231.01
Account
6400.100 - Material & Suppl CSA 74 Funded
10029 - Altius Medical
18718
Tri-annual medical
waste service - bio
hazard waste disposal
Paid by Check
# 101592
01/11/2023
01/12/2023
01/12/2023
01/20/2023
99.00 10029 - Altius Medical
18717
Tri-annual medical
waste service - bio
hazard waste disposal
Paid by Check
# 101592
01/11/2023
01/12/2023
01/12/2023
01/20/2023
99.00 Account
6400.100 - Material & Suppl CSA 74 Funded
Totals
Invoice Transactions
2 $198.00
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
223.23
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $223.23
Account
6400.565 - Material & Suppl Office Supplies
11720 - Helping Hands Health Education,
LLC
342
BLS Provider Cards for
D. McCoun & R. Dunlap
Paid by Check
# 101606
12/26/2022
01/12/2023
01/12/2023
01/20/2023
22.00 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $22.00
Account
6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept.
084022
Hitch pin for 5461
Paid by Check
# 101590
12/30/2022
01/12/2023
01/12/2023
01/20/2023
9.82 10927 - Ace Hardware - Fire Dept.
082451
Specialist Grease
Paid by Check
# 101590
07/06/2022
01/18/2023
01/18/2023
01/20/2023
19.64 10927 - Ace Hardware - Fire Dept.
082964
Cleaner Drn Drnmx
Paid by Check
# 101590
09/04/2022
01/18/2023
01/18/2023
01/20/2023
6.54 Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
3 $36.00
Account
6400.796 - Material & Suppl Turnout Equip-Wildland Fires 10323 - L.N. Curtis & Sons
INV662217
Mulitigas Detector,
Sampling Line & Probe
Paid by Check
# 101608
12/28/2022
01/12/2023
01/12/2023
01/20/2023
3,145.31
Account
6400.796 - Material & Suppl Turnout Equip-Wildland Fires Totals
Invoice Transactions
1 $3,145.31
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6600.490 - Other Charges Membership Prof Orgs
10827 - Monterey County Fire Prevention
Officers Assoc.
01-06-23
2023 MCFPOA
Membership for D.
McCoun, C. Vegas & A.
Prado
Paid by Check
# 101612
01/06/2023
01/12/2023
01/12/2023
01/20/2023
75.00 Account
6600.490 - Other Charges Membership Prof Orgs
Totals
Invoice Transactions
1 $75.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
16 $7,430.55
Division
000 - Non-Div
Totals
Invoice Transactions
16 $7,430.55
Department
250 - Fire
Totals
Invoice Transactions
16 $7,430.55
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works
084120
Yard
Paid by Check
# 101591
01/11/2023
01/11/2023
01/11/2023
01/20/2023
2.17 10728 - Ace Hardware-Public Works
084157
Buildings and Grounds
Paid by Check
# 101591
01/17/2023
01/13/2023
01/13/2023
01/20/2023
8.72 10728 - Ace Hardware-Public Works
084165
Pluming Repair
Paid by Check
# 101591
01/17/2023
01/18/2023
01/18/2023
01/20/2023
18.55 10728 - Ace Hardware-Public Works
084161
Sign Repair
Paid by Check
# 101591
01/17/2023
01/18/2023
01/18/2023
01/20/2023
8.72 10181 - Dave's Repair Service
34443DG
Training on Cardmaster
Software
Paid by Check
# 101600
12/14/2022
01/13/2023
01/13/2023
01/20/2023
340.00
10181 - Dave's Repair Service
34453DG
Troubleshoot Diesel
Capacitor
Paid by Check
# 101600
12/24/2022
01/13/2023
01/13/2023
01/20/2023
192.47
10250 - Gavilan Pest Control
015011
211 Hillcrest Ave
Rodents
Paid by Check
# 101601
01/05/2023
01/11/2023
01/11/2023
01/20/2023
82.00 10304 - Johnson Associates
495064
Truck Upfitting
Paid by Check
# 101607
01/11/2023
01/11/2023
01/11/2023
01/20/2023
1,420.25
10560 - Suburban Propane
1602-128025
167.4 Gallons
Paid by Check
# 101625
01/13/2023
01/13/2023
01/13/2023
01/20/2023
721.44
Account
6360.065 - Maint & Repairs Bdg NonFlagship
Totals
Invoice Transactions
9 $2,794.32
Account
6360.440 - Maint & Repairs Landscape General
10250 - Gavilan Pest Control
0151013
3126 Shoemaker at
Pong Rodents
Paid by Check
# 101601
01/11/2023
01/13/2023
01/13/2023
01/20/2023
80.00 10250 - Gavilan Pest Control
0151083
Preston Park Squirrels
Paid by Check
# 101601
01/11/2023
01/18/2023
01/18/2023
01/20/2023
180.00
Account
6360.440 - Maint & Repairs Landscape General
Totals
Invoice Transactions
2 $260.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.690 - Maint & Repairs Supplies
10599 - Valley Saw & Garden Equipment
322182
Equipment
Paid by Check
# 101626
01/12/2023
01/13/2023
01/13/2023
01/20/2023
598.22
Account
6360.690 - Maint & Repairs Supplies
Totals
Invoice Transactions
1 $598.22
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
111.60
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $111.60
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110148872
PW Uniforms
Paid by Check
# 101593
01/11/2023
01/13/2023
01/13/2023
01/20/2023
130.97
Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
1 $130.97
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
14 $3,895.11
Division
311 - Buildings & Grounds
Totals
Invoice Transactions
14 $3,895.11
Division
313 - Vehicle Maint
Sub-Division
00 - Non-Subdiv
Account
6360.690 - Maint & Repairs Supplies
10403 - NAPA Auto Parts - former Monterey
Auto Supply
957006
PD
Paid by Check
# 101617
11/10/2023
01/11/2023
01/11/2023
01/20/2023
31.06 10403 - NAPA Auto Parts - former Monterey
Auto Supply
957002
PD
Paid by Check
# 101617
11/10/2023
01/11/2023
01/11/2023
01/20/2023
19.41 10403 - NAPA Auto Parts - former Monterey
Auto Supply
957050
Shop Supplies
Paid by Check
# 101617
01/10/2023
01/11/2023
01/11/2023
01/20/2023
1,387.48
Account
6360.690 - Maint & Repairs Supplies
Totals
Invoice Transactions
3 $1,437.95
Account
6360.850 - Maint & Repairs Vehicle
10428 - Monterey Tire Service
1-110152
PW Vehicle
Paid by Check
# 101616
01/11/2023
01/13/2023
01/13/2023
01/20/2023
509.18
Account
6360.850 - Maint & Repairs Vehicle
Totals
Invoice Transactions
1 $509.18
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
4 $1,947.13
Division
313 - Vehicle Maint
Totals
Invoice Transactions
4 $1,947.13
Department
310 - Public Works
Totals
Invoice Transactions
18 $5,842.24
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.610 - Prof Svc Planning - Consultant
10515 - Rincon Consultants, Inc.
45156
Marina Housing
Element Update-
December 2022
Paid by EFT #
2889
01/14/2023
01/17/2023
01/17/2023
01/20/2023
22,136.60
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.610 - Prof Svc Planning - Consultant
10268 - Harris & Associates
55771
Harris & Associates m
November 27, 2022 to
December 31, 2022
Paid by Check
# 101604
01/12/2023
01/12/2023
01/12/2023
01/20/2023
6,142.50
10515 - Rincon Consultants, Inc.
45143
Marina On-Call GIS
Services-December
2022
Paid by EFT #
2889
01/14/2023
01/17/2023
01/17/2023
01/20/2023
642.50
10515 - Rincon Consultants, Inc.
43250
Marina On-Call GIS
Services-September
2022
Paid by EFT #
2889
10/19/2022
01/17/2023
01/17/2023
01/20/2023
1,257.50
Account
6300.610 - Prof Svc Planning - Consultant
Totals
Invoice Transactions
4 $30,179.10
Account
6330.100 - Fee Agr Costs - Planning
10171 - CSG Consultants
48653
Marina Station
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
1,293.00
Account
6330.100 - Fee Agr Costs - Planning
Totals
Invoice Transactions
1 $1,293.00
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
74.41 Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $74.41
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
6 $31,546.51
Division
000 - Non-Div
Totals
Invoice Transactions
6 $31,546.51
Department
410 - Planning
Totals
Invoice Transactions
6 $31,546.51
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.185 - Prof Svc Engineering Svs-Staff Augment
10171 - CSG Consultants
48646
Staff Augmentation
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
2,476.00
Account
6300.185 - Prof Svc Engineering Svs-Staff Augment
Totals
Invoice Transactions
1 $2,476.00
Account
6300.190 - Prof Svc Engineering Svc Interagency
10171 - CSG Consultants
48647
RWQCB
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
1,732.00
10171 - CSG Consultants
48648
FORA
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
169.00
10171 - CSG Consultants
48649
MST
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
338.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.190 - Prof Svc Engineering Svc Interagency
10171 - CSG Consultants
48650
TAMC
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
169.00
Account
6300.190 - Prof Svc Engineering Svc Interagency
Totals
Invoice Transactions
4 $2,408.00
Account
6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants
48651
Sea Haven Phase 3
Map/Plan Review
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
5,070.00
10171 - CSG Consultants
48658
Hampton Inn (120
Reservation Road)
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
3,873.00
10171 - CSG Consultants
48662
Via Del Mar Subdivision
(3220 Abdy Way)
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
4,686.00
10171 - CSG Consultants
48663
Sea Haven Phase 4
Rough Grading
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
7,444.00
10171 - CSG Consultants
48664
Home 2 Suites by
Hilton
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
396.00
10171 - CSG Consultants
48665
Via Del Mar
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
1,056.00
Account
6330.200 - Fee Agr Costs - Engineering
Totals
Invoice Transactions
6 $22,525.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
11 $27,409.00
Division
000 - Non-Div
Totals
Invoice Transactions
11 $27,409.00
Department
420 - Engineering
Totals
Invoice Transactions
11 $27,409.00
Department
430 - Building Inspection
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.070 - Prof Svc Building Plan Check & Inspection
10171 - CSG Consultants
48562
CSG Marina Building
Services-December
2022
Paid by EFT #
2886
01/13/2023
01/17/2023
01/17/2023
01/20/2023
28,437.00
10171 - CSG Consultants
B222287
CSG Building Plan
Review Services-
Devember 2022
Paid by EFT #
2886
01/03/2023
01/17/2023
01/17/2023
01/20/2023
7,472.76
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
430 - Building Inspection
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.070 - Prof Svc Building Plan Check & Inspection
10171 - CSG Consultants
48660
Sea Haven Phase 4
Map/Plan Review
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
1,014.00
Account
6300.070 - Prof Svc Building Plan Check & Inspection
Totals
Invoice Transactions
3 $36,923.76
Account
6300.100 - Prof Svc Code Enforcement
11477 - Cheryl Kent - DBA Fastrac
2022-150
Code Enforcement
Investigations
Paid by Check
# 101629
12/23/2022
01/18/2023
01/18/2023
01/20/2023
630.00
11477 - Cheryl Kent - DBA Fastrac
2023-05
Code Enforcement
Investigations
Paid by Check
# 101629
01/17/2023
01/18/2023
01/18/2023
01/20/2023
1,715.00
Account
6300.100 - Prof Svc Code Enforcement
Totals
Invoice Transactions
2 $2,345.00
Account
6300.570 - Prof Svc Other
10171 - CSG Consultants
48652
Sea Haven Phase 3A
Inspection
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
396.00
10171 - CSG Consultants
48659
Sea Haven Inspection
Phase 3B
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
2,442.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
2 $2,838.00
Account
6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept.
286019203001
Calendars PW
Paid by Check
# 101619
01/05/2023
01/18/2023
01/18/2023
01/20/2023
5.40 10734 - Office Depot-Public Works Dept.
286019368001
Calendars Building
Paid by Check
# 101619
01/05/2023
01/18/2023
01/18/2023
01/20/2023
8.72 10734 - Office Depot-Public Works Dept.
286019369001
Calendars Annex
Paid by Check
# 101619
01/05/2023
01/18/2023
01/18/2023
01/20/2023
17.47 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
3 $31.59
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
10 $42,138.35
Division
000 - Non-Div
Totals
Invoice Transactions
10 $42,138.35
Department
430 - Building Inspection
Totals
Invoice Transactions
10 $42,138.35
Department
510 - Recreation & Culture
Division
100 - Admin
Sub-Division
00 - Non-Subdiv
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
186.03
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $186.03
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $186.03
Division
100 - Admin
Totals
Invoice Transactions
1 $186.03
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
510 - Recreation & Culture
Division
511 - Youth
Sub-Division
00 - Non-Subdiv
Account
6400.570 - Material & Suppl Others, Misc
10178 - D & H Pool Table and Jukebox
Services
294744
Community Center Pool
Table
Paid by Check
# 101599
01/10/2023
01/11/2023
01/11/2023
01/20/2023
50.00 Account
6400.570 - Material & Suppl Others, Misc
Totals
Invoice Transactions
1 $50.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $50.00
Division
511 - Youth
Totals
Invoice Transactions
1 $50.00
Department
510 - Recreation & Culture
Totals
Invoice Transactions
2 $236.03
Fund
100 - General Fund
Totals
Invoice Transactions
92 $155,942.67
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
Dec 2022 313-6
PG&E 6793435313-6
Paid by Check
# 101620
12/27/2022
01/10/2023
01/10/2023
01/20/2023
727.10
10463 - Pacific Gas & Electric
Jan 222 -720-0
PG&E - 0167505720-0
Paid by Check
# 101620
01/10/2023
01/17/2023
01/17/2023
01/20/2023
1,212.71
10463 - Pacific Gas & Electric
Jan 2022- 210-
0 PG&E - 3242976210-0
Paid by Check
# 101620
01/11/2023
01/17/2023
01/17/2023
01/20/2023
202.37
10463 - Pacific Gas & Electric
Jan 2022- 085-
2 PG&E - 5434906085-2
Paid by Check
# 101620
01/10/2023
01/17/2023
01/17/2023
01/20/2023
117.14
10463 - Pacific Gas & Electric
January 2022-
14 PG&E - 5593414148-6
Paid by Check
# 101620
01/09/2023
01/17/2023
01/17/2023
01/20/2023
258.55
10463 - Pacific Gas & Electric
Jan 2022- 943-
2 PG&E - 6150212943-2
Paid by Check
# 101620
01/09/2023
01/17/2023
01/17/2023
01/20/2023
78.98 10463 - Pacific Gas & Electric
Jan 2022- 202-
3 PG&E - 6594070202-3
Paid by Check
# 101620
01/10/2023
01/17/2023
01/17/2023
01/20/2023
113.64
10463 - Pacific Gas & Electric
Jan 2022- 582-
7 PG&E - 8161432582-7
Paid by Check
# 101620
01/09/2023
01/17/2023
01/17/2023
01/20/2023
150.40
10463 - Pacific Gas & Electric
Jan 2022- 353-
7 PG&E - 9930567353-7
Paid by Check
# 101620
01/09/2023
01/17/2023
01/17/2023
01/20/2023
110.87
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
9 $2,971.76
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056049
123022
Imjin Rd
(Irrigation/Backflow
Accts)
Paid by Check
# 101610
12/30/2022
01/11/2023
01/11/2023
01/20/2023
194.62
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
1 $194.62
Account
6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
3748361
Dump Run
Paid by Check
# 101614
01/12/2023
01/11/2023
01/11/2023
01/20/2023
60.18 10427 - Monterey Regional Waste
Management District
3737099
Dump Run
Paid by Check
# 101614
12/21/2022
01/18/2023
01/18/2023
01/20/2023
74.20 Account
6400.155 - Material & Suppl Dump Fees
Totals
Invoice Transactions
2 $134.38
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
111.62
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $111.62
Account
6400.733 - Material & Suppl Signs
10967 - Monterey Signs, Inc.
22249
Land Marx Trucks
Paid by Check
# 101615
01/12/2023
01/13/2023
01/13/2023
01/20/2023
302.58
Account
6400.733 - Material & Suppl Signs
Totals
Invoice Transactions
1 $302.58
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.740 - Material & Suppl Special Dept Suppl
10540 - Sierra Springs & Alhambra
14225799
011323
209 Cypress Ave
Paid by Check
# 101624
01/13/2023
01/13/2023
01/13/2023
01/20/2023
121.32
Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
1 $121.32
Account
6400.750 - Material & Suppl Street Material (non-capitalize) 10261 - Graniterock/Pavex Construction
2069867
Monterey Peninsula
Building Materials
Paid by Check
# 101603
01/07/2023
01/11/2023
01/11/2023
01/20/2023
376.39
Account
6400.750 - Material & Suppl Street Material (non-capitalize) Totals
Invoice Transactions
1 $376.39
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110148877
Shop Supplies
Paid by Check
# 101593
01/11/2023
01/13/2023
01/13/2023
01/20/2023
62.36 Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
1 $62.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
17 $4,275.03
Division
000 - Non-Div
Totals
Invoice Transactions
17 $4,275.03
Department
000 - Non-Dept
Totals
Invoice Transactions
17 $4,275.03
Fund
220 - Gas Tax
Totals
Invoice Transactions
17 $4,275.03
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
223 - FORA Dissolution
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11755 - Unlimited Environmental, Inc.
22-071-4 D
Dunes
Paid by EFT #
2890
12/31/2022
01/12/2023
01/12/2023
01/20/2023
663,673.36
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $663,673.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $663,673.36
Division
000 - Non-Div
Totals
Invoice Transactions
1 $663,673.36
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $663,673.36
Fund
223 - FORA Dissolution
Totals
Invoice Transactions
1 $663,673.36
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
233 - Monterey Bay Estates AD
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
Dec 2022 313-6
PG&E 6793435313-6
Paid by Check
# 101620
12/27/2022
01/10/2023
01/10/2023
01/20/2023
9.75 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $9.75
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $9.75
Division
000 - Non-Div
Totals
Invoice Transactions
1 $9.75
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $9.75
Fund
233 - Monterey Bay Estates AD
Totals
Invoice Transactions
1 $9.75
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
235 - Cypress Cove II AD
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
Dec 2022 313-6
PG&E 6793435313-6
Paid by Check
# 101620
12/27/2022
01/10/2023
01/10/2023
01/20/2023
9.53 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $9.53
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $9.53
Division
000 - Non-Div
Totals
Invoice Transactions
1 $9.53
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $9.53
Fund
235 - Cypress Cove II AD
Totals
Invoice Transactions
1 $9.53
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
422 - Capital Projects - Measure X
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10171 - CSG Consultants
48641
Annual Street
Resurfacing
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
3,649.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $3,649.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $3,649.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $3,649.00
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $3,649.00
Fund
422 - Capital Projects - Measure X
Totals
Invoice Transactions
1 $3,649.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
460 - Airport Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11785 - BELFOR USA GROUP, INC
1773837
3200 Imjin Rd Building
A
Paid by Check
# 101595
12/15/2022
01/13/2023
01/13/2023
01/20/2023
8,250.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $8,250.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $8,250.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $8,250.00
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $8,250.00
Fund
460 - Airport Capital Projects
Totals
Invoice Transactions
1 $8,250.00
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
462 - City Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.185 - Prof Svc Engineering Svs-Staff Augment
10171 - CSG Consultants
48643
ADM CIP Admin
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
338.00
Account
6300.185 - Prof Svc Engineering Svs-Staff Augment
Totals
Invoice Transactions
1 $338.00
Account
6300.570 - Prof Svc Other
11266 - Verde Design, Inc.
5-2207300
Glorya Jean Tate Park
Improvement Project
Paid by Check
# 101627
01/10/2023
01/11/2023
01/11/2023
01/20/2023
24,415.63
10171 - CSG Consultants
48642
Imjin Widening
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
6,929.00
10171 - CSG Consultants
48644
EDC 2124 PFIF Update
Paid by EFT #
2886
01/13/2023
01/18/2023
01/18/2023
01/20/2023
507.00
10268 - Harris & Associates
55755
Imjin Parkway
Improvement Plan
Paid by Check
# 101604
01/11/2023
01/13/2023
01/13/2023
01/20/2023
8,736.85
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
4 $40,588.48
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $40,926.48
Division
000 - Non-Div
Totals
Invoice Transactions
5 $40,926.48
Department
000 - Non-Dept
Totals
Invoice Transactions
5 $40,926.48
Fund
462 - City Capital Projects
Totals
Invoice Transactions
5 $40,926.48
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
555 - Marina Airport
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
11704 - Wellington & Rathie - Robert R
Wellington Jr.
26272
Joby Aero Inc -
September 2022
Paid by Check
# 101628
01/11/2023
01/11/2023
01/11/2023
01/20/2023
60.00 11704 - Wellington & Rathie - Robert R
Wellington Jr.
26270
Marina Municipal
Airport Matters -
September 2022
Paid by Check
# 101628
01/11/2023
01/11/2023
01/11/2023
01/20/2023
850.00
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
Totals
Invoice Transactions
2 $910.00
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
288-5.Jan23
781 Neeson Rd Bldg
520 (7175660288-5)
Paid by Check
# 101620
01/10/2023
01/18/2023
01/18/2023
01/20/2023
312.39
10463 - Pacific Gas & Electric
608-2.Jan23
3260 Imjin Rd Bldg 514
(7383993608-2)
Paid by Check
# 101620
01/10/2023
01/18/2023
01/18/2023
01/20/2023
1,427.78
10463 - Pacific Gas & Electric
694-1.Jan23
721 Neeson Rd Bldg
533 (7269284694-1)
Paid by Check
# 101620
01/10/2023
01/18/2023
01/18/2023
01/20/2023
1,319.17
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
3 $3,059.34
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
10416 - Monterey County Petroleum-Sturdy
Oil Co.
29756A-IN
Regular Ethenol
Paid by Check
# 101613
01/06/2023
01/11/2023
01/11/2023
01/20/2023
111.62
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $111.62
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
6 $4,080.96
Division
000 - Non-Div
Totals
Invoice Transactions
6 $4,080.96
Department
000 - Non-Dept
Totals
Invoice Transactions
6 $4,080.96
Fund
555 - Marina Airport
Totals
Invoice Transactions
6 $4,080.96
Grand Totals
Invoice Transactions
125
$880,816.78
Run by Rogah Satof on 01/19/2023 10:30:44 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/20/23
-
01/20/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
120 - City Mgr/HR/Risk
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.310 - Prof Svc HR - Labor Relation& Negotiation
10335 - Liebert Cassidy Whitmore
233881
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
3,228.00
Account
6300.310 - Prof Svc HR - Labor Relation& Negotiation
Totals
Invoice Transactions
1 $3,228.00
Account
6300.570 - Prof Svc Other
10335 - Liebert Cassidy Whitmore
233044
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
19,580.70
10335 - Liebert Cassidy Whitmore
232215
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
1,634.00
10335 - Liebert Cassidy Whitmore
232920
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
425.00
10335 - Liebert Cassidy Whitmore
232959
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
3,976.50
10335 - Liebert Cassidy Whitmore
233000
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
106.00
10335 - Liebert Cassidy Whitmore
233016
LCW - Professional
Services
Paid by Check
# 101653
12/31/2022
01/24/2023
01/24/2023
01/27/2023
627.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
6 $26,349.20
Account
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
2023-00000722
Monthly Verizon Bill-
308174766
Paid by Check
# 101665
01/10/2023
01/12/2023
01/24/2023
01/27/2023
1,471.98
Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $1,471.98
Account
6500.700 - Training & Travel Training & Travel
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
89.64 Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $89.64
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
9 $31,138.82
Division
000 - Non-Div
Totals
Invoice Transactions
9 $31,138.82
Department
120 - City Mgr/HR/Risk
Totals
Invoice Transactions
9 $31,138.82
Department
130 - Finance
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11041 - NEOGOV - Government Jobs.com
Inc.
11-14207
FINANCIAL ANALYST
JOB POSTING
Paid by Check
# 101657
01/23/2023
01/24/2023
01/24/2023
01/27/2023
295.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $295.00
Account
6360.342 - Maint & Repairs IT - System Annual Maint
10834 - Tyler Technologies, Inc.(Former
New World System)
045405575
Annual Maintenance
3/1/23-2/28/24
Paid by Check
# 101664
02/01/2023
01/23/2023
01/23/2023
01/27/2023
29,676.62
Account
6360.342 - Maint & Repairs IT - System Annual Maint
Totals
Invoice Transactions
1 $29,676.62
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
130 - Finance
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
2023-00000722
Monthly Verizon Bill-
308174766
Paid by Check
# 101665
01/10/2023
01/12/2023
01/24/2023
01/27/2023
88.54 Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $88.54
Account
6500.700 - Training & Travel Training & Travel
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
78.50 Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $78.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
4 $30,138.66
Division
000 - Non-Div
Totals
Invoice Transactions
4 $30,138.66
Department
130 - Finance
Totals
Invoice Transactions
4 $30,138.66
Department
150 - City Attorney
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
11753 - Fenton & Keller PC
130552
Professional Services -
Cardroom Ordinance -
December 2022
Paid by Check
# 101648
01/18/2023
01/23/2023
01/23/2023
01/27/2023
504.00
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
Totals
Invoice Transactions
1 $504.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $504.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $504.00
Department
150 - City Attorney
Totals
Invoice Transactions
1 $504.00
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11769 - STEARNS, CONRAD & SCHMIDT
CONSULTING ENGINEERS INC
0455830
Odor Attribution Study
Paid by Check
# 101663
12/31/2022
01/23/2023
01/23/2023
01/27/2023
10,219.81
11710 - HdL Coren & Cone
SIN024896
Property Tax Jan-March
2023
Paid by EFT #
2901
01/24/2023
01/24/2023
01/24/2023
01/27/2023
2,050.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
2 $12,269.81
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000019357377
CALNET3-9391023436
(239-461-6578)
Paid by Check
# 101638
01/13/2023
01/12/2023
01/12/2023
01/27/2023
69.11 10758 - AT & T CALNET3
000019369737
CALNET3-9391023482
(884-0985)
Paid by Check
# 101638
01/15/2023
01/12/2023
01/12/2023
01/27/2023
27.12 10758 - AT & T CALNET3
000019369739
CALNET3-9391023485
(884-2573)
Paid by Check
# 101638
01/15/2023
01/12/2023
01/12/2023
01/27/2023
28.19 Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000019369744
CALNET3-9391023490
(884-9568)
Paid by Check
# 101638
01/15/2023
01/12/2023
01/12/2023
01/27/2023
50.89 10758 - AT & T CALNET3
000019369745
CALNET3-9391023491
(884-9654)
Paid by Check
# 101638
01/15/2023
01/12/2023
01/12/2023
01/27/2023
88.12 10758 - AT & T CALNET3
January 454 4
CALNET3-9391023454
(384-4226)
Paid by Check
# 101638
01/14/2023
01/24/2023
01/24/2023
01/27/2023
841.90
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
6 $1,105.33
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
January 683-2
PG&E 6217294683-2
Paid by Check
# 101660
01/18/2023
01/24/2023
01/24/2023
01/27/2023
576.29
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $576.29
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056025
011323
327 Reindollar Ave
Paid by Check
# 101654
01/13/2023
01/23/2023
01/23/2023
01/27/2023
70.40 10349 - Marina Coast Water District
000056020
011323
304 Hillcrest Ave
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
101.85
10349 - Marina Coast Water District
000056018
011323
208 Palm Ave
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
127.77
10349 - Marina Coast Water District
000056017
011323
208-A Palm Ave
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
82.30 Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
4 $382.32
Account
6400.565 - Material & Suppl Office Supplies
10732 - Office Depot-General Account
286448005001
20 Case of Copier
Paper
Paid by Check
# 101658
01/05/2023
01/19/2023
01/19/2023
01/27/2023
1,048.58
10540 - Sierra Springs & Alhambra
7266038
012023
Water Cooler Rental
and Replacement
Water
Paid by Check
# 101662
01/20/2023
01/23/2023
01/23/2023
01/27/2023
72.94 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
2 $1,121.52
Account
6600.010 - Other Charges Alarm
10239 - First Alarm
727811
Alarm Monitoring - City
Hall - Feb-Apr. 2023
Paid by EFT #
2900
01/15/2023
01/23/2023
01/23/2023
01/27/2023
126.03
10239 - First Alarm
728952
Alarm Monitoring - 327
Reindollar Ave - Feb-
Apr 2023
Paid by EFT #
2900
01/15/2023
01/23/2023
01/23/2023
01/27/2023
156.09
Account
6600.010 - Other Charges Alarm
Totals
Invoice Transactions
2 $282.12
Account
6600.600 - Other Charges Other
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
491.28
Account
6600.600 - Other Charges Other
Totals
Invoice Transactions
1 $491.28
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6600.630 - Other Charges Promotional Activities
11792 - Jerome E. Johnson
2023-0116-1
MLK Celebration
Groundbreaking
Paid by Check
# 101651
01/12/2023
01/18/2023
01/18/2023
01/27/2023
700.00
Account
6600.630 - Other Charges Promotional Activities
Totals
Invoice Transactions
1 $700.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
19 $16,928.67
Division
000 - Non-Div
Totals
Invoice Transactions
19 $16,928.67
Department
190 - Citywide Non-Dept
Totals
Invoice Transactions
19 $16,928.67
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228537
Janitorial Service -
Police/Fire/Airport
January 2023
Paid by Check
# 101639
01/25/2023
01/25/2023
01/25/2023
01/27/2023
1,308.34
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $1,308.34
Account
6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation
4138592386
Mat Service -
Police/Fire 11/25/22
Paid by Check
# 101641
11/25/2022
01/18/2023
01/18/2023
01/27/2023
34.65 10129 - Cintas Corporation
4144151158
Mat Service -
Police/Fire 01/20/2023
Paid by Check
# 101641
01/20/2023
01/18/2023
01/18/2023
01/27/2023
37.59 Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
2 $72.24
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000019369768
CALNET3-9391023435
(237-267-6922)
Paid by Check
# 101638
01/15/2023
01/12/2023
01/12/2023
01/27/2023
184.54
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
1 $184.54
Account
6500.620 - Training & Travel POST
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
358.00
Account
6500.620 - Training & Travel POST
Totals
Invoice Transactions
1 $358.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
5 $1,923.12
Division
000 - Non-Div
Totals
Invoice Transactions
5 $1,923.12
Department
210 - Police
Totals
Invoice Transactions
5 $1,923.12
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.070 - Maint & Repairs Bdg Public Safety
10250 - Gavilan Pest Control
0149709
Pest Control at Station
2 Paid by Check
# 101649
10/18/2022
01/25/2023
01/25/2023
01/27/2023
90.00 Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.070 - Maint & Repairs Bdg Public Safety
10250 - Gavilan Pest Control
0151012
Pest Control at Station
2 Paid by Check
# 101649
01/16/2023
01/25/2023
01/25/2023
01/27/2023
90.00 Account
6360.070 - Maint & Repairs Bdg Public Safety
Totals
Invoice Transactions
2 $180.00
Account
6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial
228537
Janitorial Service -
Police/Fire/Airport
January 2023
Paid by Check
# 101639
01/25/2023
01/25/2023
01/25/2023
01/27/2023
516.66
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
1 $516.66
Account
6360.570 - Maint & Repairs Other Svc Agr
10129 - Cintas Corporation
4138592386
Mat Service -
Police/Fire 11/25/22
Paid by Check
# 101641
11/25/2022
01/18/2023
01/18/2023
01/27/2023
34.65 10129 - Cintas Corporation
4144151158
Mat Service -
Police/Fire 01/20/2023
Paid by Check
# 101641
01/20/2023
01/18/2023
01/18/2023
01/27/2023
117.48
Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
2 $152.13
Account
6400.796 - Material & Suppl Turnout Equip-Wildland Fires 11720 - Helping Hands Health Education,
LLC
343
BLS Provider Cards for
D. Mendes & J. McCoy
Paid by Check
# 101672
01/08/2023
01/18/2023
01/18/2023
01/27/2023
22.00 Account
6400.796 - Material & Suppl Turnout Equip-Wildland Fires Totals
Invoice Transactions
1 $22.00
Account
6500.700 - Training & Travel Training & Travel
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
196.00
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $196.00
Account
6600.490 - Other Charges Membership Prof Orgs
10399 - Monterey County Fire Chiefs
Association
01-24-23
Membership Renewal
for D. McCoun & C.
Vega
Paid by Check
# 101656
01/18/2023
01/18/2023
01/18/2023
01/27/2023
100.00
Account
6600.490 - Other Charges Membership Prof Orgs
Totals
Invoice Transactions
1 $100.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
8 $1,166.79
Division
000 - Non-Div
Totals
Invoice Transactions
8 $1,166.79
Department
250 - Fire
Totals
Invoice Transactions
8 $1,166.79
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11083 - William Avery and Associates
3523
Professional Services -
PW Superintendent
Recruitment
Paid by Check
# 101667
01/20/2023
01/23/2023
01/23/2023
01/27/2023
3,421.76
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $3,421.76
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works
084191
Shop Supplies
Paid by Check
# 101634
01/19/2023
01/18/2023
01/18/2023
01/27/2023
6.54 10728 - Ace Hardware-Public Works
084202
Library Keys
Paid by Check
# 101634
01/20/2023
01/23/2023
01/23/2023
01/27/2023
6.10 10181 - Dave's Repair Service
34609
3040 Lake Court
Inspection
Paid by Check
# 101643
01/03/2023
01/18/2023
01/18/2023
01/27/2023
255.82
10187 - Della Mora Heating, Inc.
15319
209 Cypress Ave HVAC
Paid by Check
# 101645
01/19/2023
01/24/2023
01/24/2023
01/27/2023
6,518.62
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
170.00
Account
6360.065 - Maint & Repairs Bdg NonFlagship
Totals
Invoice Transactions
5 $6,957.08
Account
6360.440 - Maint & Repairs Landscape General
10230 - Ewing
18566030
Yard Supplies
Paid by Check
# 101647
01/19/2023
01/18/2023
01/18/2023
01/27/2023
386.56
Account
6360.440 - Maint & Repairs Landscape General
Totals
Invoice Transactions
1 $386.56
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056034
010523
3240 De Forest Road
Paid by Check
# 101654
01/05/2023
01/18/2023
01/18/2023
01/27/2023
479.14
10349 - Marina Coast Water District
000056014
010523
3200 Del Monte Blvd
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
256.02
10349 - Marina Coast Water District
000056011
010523
3254 Abdy Way (Tate-
Park Irrigation)
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
93.33 10349 - Marina Coast Water District
000056098
010523
3254 Abdy Way (Tate
Park-Building)
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
50.96 10349 - Marina Coast Water District
000056019
011323
211 Hillcrest Ave
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
1,033.84
10349 - Marina Coast Water District
000056001
011323
209-13 Cypress Ave
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
104.68
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
6 $2,017.97
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110153107
PW Uniforms
Paid by Check
# 101636
01/18/2023
01/18/2023
01/18/2023
01/27/2023
130.97
10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
300.00
Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
2 $430.97
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
15 $13,214.34
Division
311 - Buildings & Grounds
Totals
Invoice Transactions
15 $13,214.34
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
313 - Vehicle Maint
Sub-Division
00 - Non-Subdiv
Account
6360.850 - Maint & Repairs Vehicle
10091 - California Diesel Compliance
22-2654
PSIP Statewide Smoke
Opacity Test
Paid by Check
# 101640
11/24/2022
01/18/2023
01/18/2023
01/27/2023
520.00
Account
6360.850 - Maint & Repairs Vehicle
Totals
Invoice Transactions
1 $520.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $520.00
Division
313 - Vehicle Maint
Totals
Invoice Transactions
1 $520.00
Department
310 - Public Works
Totals
Invoice Transactions
16 $13,734.34
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.610 - Prof Svc Planning - Consultant
11084 - EMC Planning Group
22-558
Marina LCP Update-
September - October
2022
Paid by Check
# 101646
10/31/2022
01/19/2023
01/19/2023
01/27/2023
2,143.50
11084 - EMC Planning Group
22-609
Marina LCP Update-
November 2022
Paid by Check
# 101646
11/30/2022
01/19/2023
01/19/2023
01/27/2023
959.00
11084 - EMC Planning Group
22-660
Marina LCP Update-
December 2022
Paid by Check
# 101646
12/31/2022
01/19/2023
01/19/2023
01/27/2023
7,945.50
10316 - Kimley-Horn & Associates
23716759
Marina Downtown
Parking Study-
December 2022
Paid by Check
# 101652
12/31/2022
01/25/2023
01/25/2023
01/27/2023
791.00
Account
6300.610 - Prof Svc Planning - Consultant
Totals
Invoice Transactions
4 $11,839.00
Account
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
2023-00000722
Monthly Verizon Bill-
308174766
Paid by Check
# 101665
01/10/2023
01/12/2023
01/24/2023
01/27/2023
50.53 Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $50.53
Account
6500.700 - Training & Travel Training & Travel
11795 - Citythinkers, Inc. - Diego Velasco
01072023
Cypress Knolls meeting
1/7/2023
Paid by Check
# 101642
01/07/2023
01/25/2023
01/25/2023
01/27/2023
637.99
11742 - David Salazar - APA Member
1/7/23
Salazar, David-Cypress
Knolls meeting 1/7/23
Paid by Check
# 101644
01/07/2023
01/19/2023
01/19/2023
01/27/2023
314.40
11796 - Richard St. John - Planning
Comission Member
032023
Richard St.John flight-
PC Academy in March
2023
Paid by Check
# 101661
01/25/2023
01/25/2023
01/25/2023
01/27/2023
267.97
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
3 $1,220.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
8 $13,109.89
Division
000 - Non-Div
Totals
Invoice Transactions
8 $13,109.89
Department
410 - Planning
Totals
Invoice Transactions
8 $13,109.89
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check
10171 - CSG Consultants
48669
Dunes Phase 2 North-
Inspections
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
1,716.00
Account
6300.175 - Prof Svc Eng Svc- Rev Funded Plan Check
Totals
Invoice Transactions
1 $1,716.00
Account
6300.180 - Prof Svc Eng Svc- Rev Funded Inspection
10171 - CSG Consultants
48645
Permits/Developments
Paid by EFT #
2899
01/13/2023
01/18/2023
01/18/2023
01/27/2023
20,160.50
10171 - CSG Consultants
48672
Dunes Phase 3
(Backbone)-Inspections
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
1,716.00
10171 - CSG Consultants
48667
BMR Site 2 Backbone
inspections
Paid by EFT #
2899
01/13/2023
01/24/2023
01/24/2023
01/27/2023
1,122.00
Account
6300.180 - Prof Svc Eng Svc- Rev Funded Inspection
Totals
Invoice Transactions
3 $22,998.50
Account
6330.200 - Fee Agr Costs - Engineering
10171 - CSG Consultants
48655
Dunes Phase 2 West
Paid by EFT #
2899
01/13/2023
01/24/2023
01/24/2023
01/27/2023
12,136.50
10171 - CSG Consultants
48666
Quick Quack Carwash
Paid by EFT #
2899
01/13/2023
01/18/2023
01/18/2023
01/27/2023
1,320.00
10171 - CSG Consultants
48673
200 Reservation Rd
(Starbucks)
Paid by EFT #
2899
01/13/2023
01/18/2023
01/18/2023
01/27/2023
924.00
10171 - CSG Consultants
48657
Dunes Park
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
169.00
10171 - CSG Consultants
48661
Dunes Phase 1B
Promenade
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
5,172.50
10171 - CSG Consultants
48671
Dunes Phase 2 East
Inspections
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
1,716.00
10171 - CSG Consultants
48654
Dunes Phase 2 East
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
1,943.50
10171 - CSG Consultants
48656
Dunes Op Site 1A
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
338.00
10171 - CSG Consultants
48670
Dunes Phase 2 West
Inpections
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
169.00
10171 - CSG Consultants
48668
Dunes Promenade (1B)
Inspections
Paid by EFT #
2899
01/13/2023
01/23/2023
01/23/2023
01/27/2023
528.00
Account
6330.200 - Fee Agr Costs - Engineering
Totals
Invoice Transactions
10 $24,416.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
14 $49,131.00
Division
000 - Non-Div
Totals
Invoice Transactions
14 $49,131.00
Department
420 - Engineering
Totals
Invoice Transactions
14 $49,131.00
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
430 - Building Inspection
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.565 - Material & Suppl Office Supplies
10734 - Office Depot-Public Works Dept.
266151244001
Office Supplies
Paid by Check
# 101659
09/12/2022
01/23/2023
01/23/2023
01/27/2023
73.38 Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $73.38
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $73.38
Division
000 - Non-Div
Totals
Invoice Transactions
1 $73.38
Department
430 - Building Inspection
Totals
Invoice Transactions
1 $73.38
Department
510 - Recreation & Culture
Division
100 - Admin
Sub-Division
00 - Non-Subdiv
Account
6380.150 - Utilities Comm Phone System
10053 - AT & T
January 520 5
AT&T 831-582-9957
520 5
Paid by Check
# 101637
01/13/2023
01/24/2023
01/24/2023
01/27/2023
269.03
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
1 $269.03
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $269.03
Division
100 - Admin
Totals
Invoice Transactions
1 $269.03
Division
513 - Senior
Sub-Division
00 - Non-Subdiv
Account
6400.652 - Material & Suppl Recr Special Progr / Events 10140 - City Of Marina Petty Cash
Petty Cash 1/26
Replenish Petty Cash
Paid by Check
# 101668
01/26/2023
01/26/2023
01/26/2023
01/27/2023
249.38
Account
6400.652 - Material & Suppl Recr Special Progr / Events Totals
Invoice Transactions
1 $249.38
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $249.38
Division
513 - Senior
Totals
Invoice Transactions
1 $249.38
Division
514 - Sports
Sub-Division
00 - Non-Subdiv
Account
6400.656 - Material & Suppl Recr Sports Prog
10726 - Ace Hardware-Parks&Recreation
084208
Padlock Comb2
Paid by Check
# 101633
01/23/2023
01/23/2023
01/23/2023
01/27/2023
21.84 Account
6400.656 - Material & Suppl Recr Sports Prog
Totals
Invoice Transactions
1 $21.84
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $21.84
Division
514 - Sports
Totals
Invoice Transactions
1 $21.84
Department
510 - Recreation & Culture
Totals
Invoice Transactions
3 $540.25
Fund
100 - General Fund
Totals
Invoice Transactions
88 $158,388.92
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
January 827-8
PG&E - 0423929827-8
Paid by Check
# 101660
01/12/2023
01/12/2023
01/12/2023
01/27/2023
119.36
10463 - Pacific Gas & Electric
January 535-3
PG&E - 6161832535-3
Paid by Check
# 101660
01/12/2023
01/12/2023
01/12/2023
01/27/2023
278.35
10463 - Pacific Gas & Electric
January 851-0
PG&E - 3440977851-0
Paid by Check
# 101660
01/13/2023
01/12/2023
01/12/2023
01/27/2023
175.38
10463 - Pacific Gas & Electric
January 683-2
PG&E 6217294683-2
Paid by Check
# 101660
01/18/2023
01/24/2023
01/24/2023
01/27/2023
889.55
10463 - Pacific Gas & Electric
January 533-8
PG&E - 2253666533-8
Paid by Check
# 101660
01/18/2023
01/24/2023
01/24/2023
01/27/2023
40.21 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
5 $1,502.85
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056084
010523
Crescent/Shuler/Irrigati
on
Paid by Check
# 101654
01/05/2023
01/18/2023
01/18/2023
01/27/2023
24.93 10349 - Marina Coast Water District
000056085
010523
Crescent/Whitney
Irrigation
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
27.45 10349 - Marina Coast Water District
000056030
010523
Crescent Ave/Reser
Rd/Ramada Inn
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
37.03 10349 - Marina Coast Water District
000056086
010523
Crescent Ave/Sirena
Del Mar Irrigation
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
27.45 10349 - Marina Coast Water District
000056008
010523
Reservation & Del
Monte
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
27.45 10349 - Marina Coast Water District
000056032
010523
Crescent Ave/Costa Del
Mar East Side
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
60.94 10349 - Marina Coast Water District
000056087
010523
Crescent Ave/Costa Del
Mar Irrigation
Paid by Check
# 101654
01/05/2023
01/23/2023
01/23/2023
01/27/2023
27.45 10349 - Marina Coast Water District
000056007
011323
Calif Ave/North of 3rd
Paid by Check
# 101654
01/13/2023
01/23/2023
01/23/2023
01/27/2023
90.60 10349 - Marina Coast Water District
000056027
011323
Calif Ave at Reindollar
Paid by Check
# 101654
01/13/2023
01/23/2023
01/23/2023
01/27/2023
37.42 10349 - Marina Coast Water District
000056016
011323
Resev Rd & Seacrest
Ave-Next to Fire Hyd
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
36.77 10349 - Marina Coast Water District
000056024
011323
Del Monte/Palm
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
90.60 10349 - Marina Coast Water District
000056021
011323
Reservation Rd/By 290-
308 Reservation
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
36.77 10349 - Marina Coast Water District
000056022
011323
Reser/Marina Auto
Stereo/Irrigation
Paid by Check
# 101654
01/13/2023
01/24/2023
01/24/2023
01/27/2023
36.77 10349 - Marina Coast Water District
000056036
103118
2nd Ave/Divarty &
Intergarrison
Paid by Check
# 101654
10/31/2018
01/25/2023
01/25/2023
01/27/2023
140.14
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
14 $701.77
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.750 - Material & Suppl Street Material (non-capitalize) 10260 - Granite Construction Co.
2070440
Monterey Peninsula
Building Materials
Paid by Check
# 101650
01/14/2023
01/18/2023
01/18/2023
01/27/2023
2,361.18
Account
6400.750 - Material & Suppl Street Material (non-capitalize) Totals
Invoice Transactions
1 $2,361.18
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110153113
Shop Supplies
Paid by Check
# 101636
01/18/2023
01/18/2023
01/18/2023
01/27/2023
62.36 Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
1 $62.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
21 $4,628.16
Division
000 - Non-Div
Totals
Invoice Transactions
21 $4,628.16
Department
000 - Non-Dept
Totals
Invoice Transactions
21 $4,628.16
Fund
220 - Gas Tax
Totals
Invoice Transactions
21 $4,628.16
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
223 - FORA Dissolution
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11489 - Wallace Group, Inc.
58502
Program Management
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
2,923.50
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $2,923.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $2,923.50
Division
000 - Non-Div
Totals
Invoice Transactions
1 $2,923.50
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $2,923.50
Fund
223 - FORA Dissolution
Totals
Invoice Transactions
1 $2,923.50
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
235 - Cypress Cove II AD
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056015
010523
Corner of Cardoza &
Dolphin Circle
Paid by Check
# 101654
01/05/2023
01/18/2023
01/18/2023
01/27/2023
60.94 Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
1 $60.94
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $60.94
Division
000 - Non-Div
Totals
Invoice Transactions
1 $60.94
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $60.94
Fund
235 - Cypress Cove II AD
Totals
Invoice Transactions
1 $60.94
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
251 - CFD - Locke Paddon
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
January 272-1
PG&E - 2862559272-1
Paid by Check
# 101660
01/18/2023
01/24/2023
01/24/2023
01/27/2023
43.33 Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $43.33
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $43.33
Division
000 - Non-Div
Totals
Invoice Transactions
1 $43.33
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $43.33
Fund
251 - CFD - Locke Paddon
Totals
Invoice Transactions
1 $43.33
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
422 - Capital Projects - Measure X
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11489 - Wallace Group, Inc.
58502
Program Management
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
4,790.50
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $4,790.50
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $4,790.50
Division
000 - Non-Div
Totals
Invoice Transactions
1 $4,790.50
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $4,790.50
Fund
422 - Capital Projects - Measure X
Totals
Invoice Transactions
1 $4,790.50
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
462 - City Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11364 - Jeff Katz Architectural Corp. - JKA
Architecture
21437
Marina Aquatic and
Sports Center Design
Phase
Paid by Check
# 101671
11/30/2022
01/13/2023
01/13/2023
01/27/2023
15,173.25
11364 - Jeff Katz Architectural Corp. - JKA
Architecture
21493
Marina Aquatic and
Sports Center Design
Phase
Paid by Check
# 101671
12/31/2022
01/13/2023
01/13/2023
01/27/2023
23,492.50
10515 - Rincon Consultants, Inc.
45258
Marina DVSP-December
2022
Paid by EFT #
2902
01/17/2023
01/18/2023
01/18/2023
01/27/2023
13,175.50
11489 - Wallace Group, Inc.
58502
Program Management
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
9,211.50
11489 - Wallace Group, Inc.
58386
California Ave
Pedestrian Crossing
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
718.50
11489 - Wallace Group, Inc.
58438
Glorya Jean Tate Park
Pump Track &
Restroom
Improvements
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
7,002.38
11489 - Wallace Group, Inc.
58461
Sea Haven City Park
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
1,250.63
11489 - Wallace Group, Inc.
58462
MLK Sculpture CDs
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/23/2023
01/27/2023
1,267.63
11489 - Wallace Group, Inc.
58475
California Ave
Pedestrian Crossing
Construction
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
350.75
11489 - Wallace Group, Inc.
58476
MLK Sculpture CM&I
Services
Paid by Check
# 101666
01/20/2023
01/23/2023
01/23/2023
01/27/2023
6,600.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
10 $78,242.64
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
10 $78,242.64
Division
000 - Non-Div
Totals
Invoice Transactions
10 $78,242.64
Department
000 - Non-Dept
Totals
Invoice Transactions
10 $78,242.64
Fund
462 - City Capital Projects
Totals
Invoice Transactions
10 $78,242.64
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
555 - Marina Airport
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.360 - Maint & Repairs Janitorial
10034 - American Supply Co.
2989127
Airport
Paid by Check
# 101635
01/12/2023
01/25/2023
01/25/2023
01/27/2023
707.61
10239 - First Alarm
730307
Marina Airport Hangar
Building 510, 3240
Imjin Rd
Paid by EFT #
2900
01/15/2023
01/25/2023
01/25/2023
01/27/2023
492.12
10080 - Branch's Janitorial
228537
Janitorial Service -
Police/Fire/Airport
January 2023
Paid by Check
# 101639
01/25/2023
01/25/2023
01/25/2023
01/27/2023
410.00
Account
6360.360 - Maint & Repairs Janitorial
Totals
Invoice Transactions
3 $1,609.73
Account
6360.566 - Maint & Repairs Other Equipment
10728 - Ace Hardware-Public Works
084098
Airport
Paid by Check
# 101634
01/10/2023
01/25/2023
01/25/2023
01/27/2023
27.29 10728 - Ace Hardware-Public Works
084197
Airport
Paid by Check
# 101634
01/20/2023
01/25/2023
01/25/2023
01/27/2023
4.64 Account
6360.566 - Maint & Repairs Other Equipment
Totals
Invoice Transactions
2 $31.93
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
347-0.Jan23
3263 Imjin Rd Bldg 519
(6258961347-0)
Paid by Check
# 101660
01/09/2023
01/25/2023
01/25/2023
01/27/2023
621.82
10463 - Pacific Gas & Electric
451-7.Jan23
3271 Imjin Rd
(8600650451-7)
Paid by Check
# 101660
01/09/2023
01/25/2023
01/25/2023
01/27/2023
177.61
10463 - Pacific Gas & Electric
January 683-2
PG&E 6217294683-2
Paid by Check
# 101660
01/18/2023
01/24/2023
01/24/2023
01/27/2023
100.15
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
3 $899.58
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056097
123022
3200 Imjin Rd/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
467.25
10349 - Marina Coast Water District
000056096
123022
3271 Imjin
Road/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
107.88
10349 - Marina Coast Water District
000056092
123022
741 Neeson
Road/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
1,184.27
10349 - Marina Coast Water District
000056051
123022
721 Neeson
Road/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
193.30
10349 - Marina Coast Water District
000056043
123022
761 Neeson
Road/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
2,909.07
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
555 - Marina Airport
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056044
123022
761 Neeson
Road/Airport
Paid by Check
# 101654
12/30/2022
01/13/2023
01/13/2023
01/27/2023
150.82
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
6 $5,012.59
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
14 $7,553.83
Division
000 - Non-Div
Totals
Invoice Transactions
14 $7,553.83
Department
000 - Non-Dept
Totals
Invoice Transactions
14 $7,553.83
Fund
555 - Marina Airport
Totals
Invoice Transactions
14 $7,553.83
Grand Totals
Invoice Transactions
137
$256,631.82
Run by Rogah Satof on 01/26/2023 10:46:06 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
01/27/23
-
01/27/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
110 - City Council
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.565 - Material & Suppl Office Supplies
11790 - Quality Print & Copy
23340
City Council Business
Cards - All Members
Paid by Check
# 101703
01/23/2023
01/24/2023
01/24/2023
02/03/2023
518.94
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
1 $518.94
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $518.94
Division
000 - Non-Div
Totals
Invoice Transactions
1 $518.94
Department
110 - City Council
Totals
Invoice Transactions
1 $518.94
Department
120 - City Mgr/HR/Risk
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.465 - Prof Svc Legal - Special Counsel
11505 - Shartsis Friese LLP
5468918
Professional Services -
MPWSP - December
2022
Paid by Check
# 101707
01/30/2023
01/30/2023
01/30/2023
02/03/2023
224,583.41
Account
6300.465 - Prof Svc Legal - Special Counsel
Totals
Invoice Transactions
1 $224,583.41
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $224,583.41
Division
000 - Non-Div
Totals
Invoice Transactions
1 $224,583.41
Department
120 - City Mgr/HR/Risk
Totals
Invoice Transactions
1 $224,583.41
Department
125 - I. T.
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.342 - Maint & Repairs IT - System Annual Maint
10905 - Taygeta Scientific, Inc.
000708-R-0023
Barracuda Spam
Firewall - February
2023
Paid by Check
# 101710
02/01/2023
02/01/2023
02/01/2023
02/03/2023
475.80
10905 - Taygeta Scientific, Inc.
000423-R-0050
Computer Network
Defense - February
2023
Paid by Check
# 101710
02/01/2023
02/01/2023
02/01/2023
02/03/2023
2,000.00
Account
6360.342 - Maint & Repairs IT - System Annual Maint
Totals
Invoice Transactions
2 $2,475.80
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $2,475.80
Division
000 - Non-Div
Totals
Invoice Transactions
2 $2,475.80
Department
125 - I. T.
Totals
Invoice Transactions
2 $2,475.80
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
130 - Finance
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge
23-02
Service 1/17-26/2023
Paid by EFT #
2917
01/26/2023
01/26/2023
01/26/2023
02/03/2023
3,420.00
Account
6300.216 - Prof Svc Fin - Accounting Services
Totals
Invoice Transactions
1 $3,420.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $3,420.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $3,420.00
Department
130 - Finance
Totals
Invoice Transactions
1 $3,420.00
Department
150 - City Attorney
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
11718 - Noland, Hamerly, Etienne & Hoss
227985
Chaparral PRA - Dec
2022-Jan 2023
Paid by Check
# 101699
01/25/2023
01/27/2023
01/27/2023
02/03/2023
1,064.00
11718 - Noland, Hamerly, Etienne & Hoss
227986
Chaparral Corp
Concessionaire
Agreement
Paid by Check
# 101699
01/25/2023
01/27/2023
01/27/2023
02/03/2023
478.50
11718 - Noland, Hamerly, Etienne & Hoss
227984
Professional Legal
Services - Dec. 2022-
Jan. 2023
Paid by Check
# 101699
01/25/2023
01/27/2023
01/27/2023
02/03/2023
33,842.50
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
Totals
Invoice Transactions
3 $35,385.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
3 $35,385.00
Division
000 - Non-Div
Totals
Invoice Transactions
3 $35,385.00
Department
150 - City Attorney
Totals
Invoice Transactions
3 $35,385.00
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6150.200 - Medical Dental
10737 - Premier Access Insurance-Premium
Payment
02-01-23.
Dental Claim (02/2023)
Paid by Check
# 101720
02/01/2023
02/01/2023
02/01/2023
02/03/2023
(3,697.84)
Account
6150.200 - Medical Dental
Totals
Invoice Transactions
1 ($3,697.84)
Account
6150.500 - Medical Vision
10607 - Vision Service Plan
02-01-23.
VSP Adjustment
(02/2023)
Paid by Check
# 101721
02/01/2023
02/01/2023
02/01/2023
02/03/2023
10.63 Account
6150.500 - Medical Vision
Totals
Invoice Transactions
1 $10.63
Account
6360.050 - Maint & Repairs Building
11456 - William A. Thayer Construction, Inc
2021-16-1
Marina City Hall Lobby
Paid by EFT #
2920
01/30/2023
01/31/2023
01/31/2023
02/03/2023
21,798.24
Account
6360.050 - Maint & Repairs Building
Totals
Invoice Transactions
1 $21,798.24
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
190 - Citywide Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000019414371
CALNET3-9391023471
(582-0100)
Paid by Check
# 101680
01/27/2023
01/31/2023
01/31/2023
02/03/2023
57.22 10758 - AT & T CALNET3
000019414377
CALNET3-9391023477
(582-9803)
Paid by Check
# 101680
01/27/2023
01/31/2023
01/31/2023
02/03/2023
27.28 Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
2 $84.50
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
Jan 222 -172-2
PG&E - 5618207172-2
Paid by Check
# 101701
01/19/2023
01/31/2023
01/31/2023
02/03/2023
211.05
10463 - Pacific Gas & Electric
January 562-0
PG&E - 4758891562-0
Paid by Check
# 101701
01/10/2023
01/31/2023
01/31/2023
02/03/2023
1,102.73
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
2 $1,313.78
Account
6600.090 - Other Charges Claims, Judgments, Damages
11797 - Henry Martinez - Claim
MBA23-0113
MBA23-0113 Claim
Paid by Check
# 101691
01/17/2023
01/26/2023
01/26/2023
02/03/2023
635.00
Account
6600.090 - Other Charges Claims, Judgments, Damages
Totals
Invoice Transactions
1 $635.00
Account
6600.495 - Other Charges Membership League CA Cities
10738 - League of CA Cities - Sacramento
643417
2023 Annual Dues
Paid by Check
# 101694
01/31/2023
02/01/2023
02/01/2023
02/03/2023
9,437.00
Account
6600.495 - Other Charges Membership League CA Cities
Totals
Invoice Transactions
1 $9,437.00
Account
6600.630 - Other Charges Promotional Activities
10275 - Home Depot Credit Service
01-13-23
PW Home Depot (6035
3225 0395 9813)
Paid by Check
# 101692
01/13/2023
01/25/2023
01/25/2023
02/03/2023
470.93
Account
6600.630 - Other Charges Promotional Activities
Totals
Invoice Transactions
1 $470.93
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
10 $30,052.24
Division
000 - Non-Div
Totals
Invoice Transactions
10 $30,052.24
Department
190 - Citywide Non-Dept
Totals
Invoice Transactions
10 $30,052.24
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11578 - Ana Maria Cordero
22008
Neola Barnett 12/15/22
Paid by Check
# 101677
12/16/2022
01/26/2023
01/26/2023
02/03/2023
125.00
10456 - Shred-it USA - Stericycle, Inc.
8003153428
Cust #1000200361
Paid by Check
# 101708
01/18/2023
01/26/2023
01/26/2023
02/03/2023
70.60 11276 - USA Towing Inc.
179664
Marina Police
Department
Paid by Check
# 101711
01/20/2023
01/26/2023
01/26/2023
02/03/2023
125.00
11276 - USA Towing Inc.
179278
Marina Police
Department
Paid by Check
# 101711
11/21/2022
01/26/2023
01/26/2023
02/03/2023
300.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
4 $620.60
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6360.570 - Maint & Repairs Other Svc Agr
10981 - Sentry Alarm Systems of America,
Inc.
2208244
Cust #1840
Paid by Check
# 101706
01/15/2023
01/26/2023
01/26/2023
02/03/2023
150.00
10981 - Sentry Alarm Systems of America,
Inc.
2208243
Cust #1840
Paid by Check
# 101706
01/15/2023
01/26/2023
01/26/2023
02/03/2023
540.90
10627 - Zoom Imaging Solutions
IN3207600
Acct # SOS-CIT-1600-Z
Paid by Check
# 101715
01/17/2023
01/26/2023
01/26/2023
02/03/2023
26.46 Account
6360.570 - Maint & Repairs Other Svc Agr
Totals
Invoice Transactions
3 $717.36
Account
6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3
000019369733
BAN #9391023478
Paid by Check
# 101680
01/15/2023
01/26/2023
01/26/2023
02/03/2023
104.20
Account
6380.150 - Utilities Comm Phone System
Totals
Invoice Transactions
1 $104.20
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
01-10-2023
Acct #2652040767-2
Paid by Check
# 101701
01/10/2023
01/19/2023
01/19/2023
02/03/2023
102.64
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
1 $102.64
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
11324 - Wex Bank (former Chevron Fuel
Cards)
85847696
Acct #0496-00-521501
-7
Paid by EFT #
2919
12/23/2022
01/19/2023
01/19/2023
02/03/2023
427.41
Account
6400.230 - Material & Suppl Fuel - Gas and Diesel
Totals
Invoice Transactions
1 $427.41
Account
6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation
30002335
Acct # 7474999
Paid by Check
# 101704
01/06/2023
01/19/2023
01/19/2023
02/03/2023
25.76 10498 - Quill Corporation
29967967
Acct # 7474999
Paid by Check
# 101704
01/05/2023
01/19/2023
01/19/2023
02/03/2023
21.84 10498 - Quill Corporation
30008119
Acct # 7474999
Paid by Check
# 101704
01/09/2023
01/19/2023
01/19/2023
02/03/2023
41.50 10498 - Quill Corporation
30004790
Acct # 7474999
Paid by Check
# 101704
01/06/2023
01/19/2023
01/19/2023
02/03/2023
17.03 10498 - Quill Corporation
29969373
Acct # 7474999
Paid by Check
# 101704
01/05/2023
01/19/2023
01/19/2023
02/03/2023
553.39
Account
6400.565 - Material & Suppl Office Supplies
Totals
Invoice Transactions
5 $659.52
Account
6400.635 - Material & Suppl Postage Shipping
10235 - FedEx
9-643-01242
Acct #3995-9218-6
Paid by Check
# 101688
01/13/2023
01/19/2023
01/19/2023
02/03/2023
3.54 Account
6400.635 - Material & Suppl Postage Shipping
Totals
Invoice Transactions
1 $3.54
Account
6400.720 - Material & Suppl Safety Equip
10727 - Ace Hardware-Public Safety
084138
Cust. # 116
Paid by Check
# 101674
01/15/2023
01/19/2023
01/19/2023
02/03/2023
43.65 Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
210 - Police
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.720 - Material & Suppl Safety Equip
10309 - Salinas Valley Pro Squad
476
Marina PD - Barnett
Paid by Check
# 101705
12/09/2022
01/19/2023
01/19/2023
02/03/2023
1,202.83
Account
6400.720 - Material & Suppl Safety Equip
Totals
Invoice Transactions
2 $1,246.48
Account
6500.620 - Training & Travel POST
11408 - Johnson, Christopher
01-25-2023
DO NOT MAIL - Per
Diem for Sgt. C.
Johnson
Paid by Check
# 101718
01/25/2023
01/25/2023
01/25/2023
02/03/2023
115.00
11587 - Peliova, Carolyn
01-25-2023
DO NOT MAIL - Per
Diem for Sgt. C. Peliova
Paid by Check
# 101719
01/25/2023
01/25/2023
01/25/2023
02/03/2023
115.00
10935 - South Bay Regional Public Safety
Training Cons.
23-169
Dela Cuadra - Traffic
Collision Investigation
1/9 - 1/13
Paid by Check
# 101709
01/11/2023
01/19/2023
01/19/2023
02/03/2023
133.00
Account
6500.620 - Training & Travel POST
Totals
Invoice Transactions
3 $363.00
Account
6600.485 - Other Charges Medical Svc - Investigations
10157 - Community Hospital of the
Monterey Peninsula
01-08-22
Guarantor #12252
Paid by Check
# 101687
01/08/2023
01/26/2023
01/26/2023
02/03/2023
54.00 Account
6600.485 - Other Charges Medical Svc - Investigations
Totals
Invoice Transactions
1 $54.00
Account
6600.625 - Other Charges Printing Svc
11790 - Quality Print & Copy
23323
Marina Police
Department
Paid by Check
# 101703
01/06/2023
01/26/2023
01/26/2023
02/03/2023
64.65 11790 - Quality Print & Copy
23314
Marina Police
Department
Paid by Check
# 101703
01/06/2023
01/26/2023
01/26/2023
02/03/2023
208.18
Account
6600.625 - Other Charges Printing Svc
Totals
Invoice Transactions
2 $272.83
Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc 11791 - Carey Harold Lindgre Lindgren's
Canine Consultation Services
09-16-22
Sol (Riley) & 4 Week
Handler's Class
Paid by Check
# 101695
09/16/2022
01/26/2023
01/26/2023
02/03/2023
4,500.00
Account
6600.850 - Other Charges K9 / Animal Supplies & Vet Svc Totals
Invoice Transactions
1 $4,500.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
25 $9,071.58
Division
000 - Non-Div
Totals
Invoice Transactions
25 $9,071.58
Department
210 - Police
Totals
Invoice Transactions
25 $9,071.58
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
123024
Plan review &
inspections at Joby
Dust Booth, 3200
Imjim
Paid by Check
# 101685
01/14/2023
01/31/2023
01/31/2023
02/03/2023
200.22
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
10841 - Carmel Fire Protection Associates -
Art Black
123031
Plan review &
inspection at 177 Via
Del Mar
Paid by Check
# 101685
01/22/2023
01/31/2023
01/31/2023
02/03/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
123030
Plan review &
inspection at 175 Via
Del Mar
Paid by Check
# 101685
01/22/2023
01/31/2023
01/31/2023
02/03/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
123029
Plan review &
inspection at 173 Via
Del Mar
Paid by Check
# 101685
01/22/2023
01/31/2023
01/31/2023
02/03/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
123028
Plan review &
inspection at 171 Via
Del Mar
Paid by Check
# 101685
01/22/2023
01/31/2023
01/31/2023
02/03/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
122390
Plan review &
inspection for
Sanctuary Beach Resort
Deck Repair
Paid by Check
# 101685
10/05/2022
02/01/2023
02/01/2023
02/03/2023
200.00
10841 - Carmel Fire Protection Associates -
Art Black
122391
Plan review &
inspection for Joby Fire
Alarm Revisions, 741
Nees
Paid by Check
# 101685
10/05/2022
02/01/2023
02/01/2023
02/03/2023
200.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
7 $1,400.22
Account
6360.342 - Maint & Repairs IT - System Annual Maint
10897 - TechRx Technology Services
10692
Monitor, mount and
installation
Paid by EFT #
2918
01/17/2023
01/31/2023
01/31/2023
02/03/2023
541.45
10897 - TechRx Technology Services
10699
Dell Laptop, 12th
Generation, setup and
installation
Paid by EFT #
2918
01/31/2023
01/31/2023
01/31/2023
02/03/2023
3,095.50
Account
6360.342 - Maint & Repairs IT - System Annual Maint
Totals
Invoice Transactions
2 $3,636.95
Account
6380.120 - Utilities Comm Mobile & Pager
10603 - Verizon Wireless
9926195074
Acct# 371782403-
00002 FD Mobile
Charges - Nov 26 -
Dec 25, 2021
Paid by Check
# 101712
01/25/2023
01/31/2023
01/31/2023
02/03/2023
441.06
Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
1 $441.06
Account
6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept.
084265
Push Broom & Cleaner
Paid by Check
# 101673
01/26/2023
01/31/2023
01/31/2023
02/03/2023
32.75 10927 - Ace Hardware - Fire Dept.
084268
Saw Fuel for Station 1
Paid by Check
# 101673
01/27/2023
01/31/2023
01/31/2023
02/03/2023
29.49 Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
250 - Fire
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6400.740 - Material & Suppl Special Dept Suppl
10927 - Ace Hardware - Fire Dept.
084206
Trash Bags to store in
engine for scene clean
up
Paid by Check
# 101673
01/22/2023
01/31/2023
01/31/2023
02/03/2023
18.56 10967 - Monterey Signs, Inc.
22305
Signage for 5404
Paid by Check
# 101722
01/26/2023
01/26/2023
01/26/2023
02/03/2023
572.13
Account
6400.740 - Material & Suppl Special Dept Suppl
Totals
Invoice Transactions
4 $652.93
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
14 $6,131.16
Division
000 - Non-Div
Totals
Invoice Transactions
14 $6,131.16
Department
250 - Fire
Totals
Invoice Transactions
14 $6,131.16
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works
084252
Electrical Type
Paid by Check
# 101675
01/26/2023
01/27/2023
01/27/2023
02/03/2023
10.91 10034 - American Supply Co.
0174330
Shop Supplies
Paid by Check
# 101676
01/23/2023
01/25/2023
01/25/2023
02/03/2023
2,289.77
10080 - Branch's Janitorial
228536
Custodial Service for
January 2023
Paid by Check
# 101681
01/25/2023
01/25/2023
01/25/2023
02/03/2023
2,886.35
10275 - Home Depot Credit Service
01-13-23
PW Home Depot (6035
3225 0395 9813)
Paid by Check
# 101692
01/13/2023
01/25/2023
01/25/2023
02/03/2023
697.32
Account
6360.065 - Maint & Repairs Bdg NonFlagship
Totals
Invoice Transactions
4 $5,884.35
Account
6360.440 - Maint & Repairs Landscape General
10728 - Ace Hardware-Public Works
084235
GJT Lock
Paid by Check
# 101675
01/25/2023
01/25/2023
01/25/2023
02/03/2023
9.82 Account
6360.440 - Maint & Repairs Landscape General
Totals
Invoice Transactions
1 $9.82
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056061
011923
Reservation/Locke
Paddon Park
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
80.83 10349 - Marina Coast Water District
000056042
011923
3040 Lake Drive
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
271.69
10349 - Marina Coast Water District
000056090
011923
Locke Paddon Park
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
62.09 10349 - Marina Coast Water District
000056006
011923
188 Seaside Circle
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
37.72 10349 - Marina Coast Water District
000056094
011923
2660 5th Ave
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
436.01
10349 - Marina Coast Water District
000056045
011923
3100 Preston Drive
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
175.42
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
310 - Public Works
Division
311 - Buildings & Grounds
Sub-Division
00 - Non-Subdiv
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056046
011923
3100 Preston Drive
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
154.50
Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
7 $1,218.26
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110157115
PW Uniforms
Paid by Check
# 101679
01/25/2023
01/25/2023
01/25/2023
02/03/2023
130.97
Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
1 $130.97
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
13 $7,243.40
Division
311 - Buildings & Grounds
Totals
Invoice Transactions
13 $7,243.40
Division
313 - Vehicle Maint
Sub-Division
00 - Non-Subdiv
Account
6360.690 - Maint & Repairs Supplies
10403 - NAPA Auto Parts - former Monterey
Auto Supply
959824
Sweeper
Paid by Check
# 101698
01/24/2023
01/27/2023
01/27/2023
02/03/2023
53.95 Account
6360.690 - Maint & Repairs Supplies
Totals
Invoice Transactions
1 $53.95
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $53.95
Division
313 - Vehicle Maint
Totals
Invoice Transactions
1 $53.95
Department
310 - Public Works
Totals
Invoice Transactions
14 $7,297.35
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11762 - Raimi + Associates, Inc
22-5561
Marina ODS
Paid by Check
# 101723
01/31/2023
02/01/2023
02/01/2023
02/03/2023
6,692.48
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $6,692.48
Account
6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) 10897 - TechRx Technology Services
10698
Privacy Screens for KN
Paid by EFT #
2918
01/18/2023
02/01/2023
02/01/2023
02/03/2023
395.00
Account
6400.350 - Material & Suppl IT-Computer & Hardware (non-cap) Totals
Invoice Transactions
1 $395.00
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
410 - Planning
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6500.700 - Training & Travel Training & Travel
11744 - Brian Mooney - APA Member
01072023
Mooney, Brian-Cypress
Knolls Meeting
1/7/2023
Paid by Check
# 101682
01/26/2023
01/26/2023
01/26/2023
02/03/2023
1,041.93
Account
6500.700 - Training & Travel Training & Travel
Totals
Invoice Transactions
1 $1,041.93
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
3 $8,129.41
Division
000 - Non-Div
Totals
Invoice Transactions
3 $8,129.41
Department
410 - Planning
Totals
Invoice Transactions
3 $8,129.41
Department
420 - Engineering
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6370.540 - Shared Svc NPDES Contribution
10556 - California State Water Resources
Control Board
SW-0255435
City Park Barracks and
Cypress Second Ave &
8th
Paid by Check
# 101684
01/18/2023
01/25/2023
01/25/2023
02/03/2023
652.00
10556 - California State Water Resources
Control Board
SW-0255436
Glorya Jean Tate Park
Paid by Check
# 101684
01/18/2023
01/25/2023
01/25/2023
02/03/2023
600.00
Account
6370.540 - Shared Svc NPDES Contribution
Totals
Invoice Transactions
2 $1,252.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $1,252.00
Division
000 - Non-Div
Totals
Invoice Transactions
2 $1,252.00
Department
420 - Engineering
Totals
Invoice Transactions
2 $1,252.00
Department
430 - Building Inspection
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.070 - Prof Svc Building Plan Check & Inspection
11138 - Bureau Veritas North America, Inc.
RI 22043910
741 Neeson Rd
Autoclave Shed
Modifications
Paid by Check
# 101683
07/13/2022
01/23/2023
01/23/2023
02/03/2023
110.00
11138 - Bureau Veritas North America, Inc.
RI 22064705
741 Neeson Rd Bldg
527 Office TI
Paid by Check
# 101683
11/10/2022
01/23/2023
01/23/2023
02/03/2023
595.00
11138 - Bureau Veritas North America, Inc.
RI 22069460
3200 Imjin Rd Mega
Tent Section 3 CT
Scanner
Paid by Check
# 101683
12/09/2022
01/23/2023
01/23/2023
02/03/2023
120.91
11138 - Bureau Veritas North America, Inc.
RI 22069459
3200 Imjin Rd Mega
Tent Temp Heat
Paid by Check
# 101683
12/09/2022
01/23/2023
01/23/2023
02/03/2023
113.97
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
100 - General Fund
Department
430 - Building Inspection
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.070 - Prof Svc Building Plan Check & Inspection
11138 - Bureau Veritas North America, Inc.
RI 22069458
741 Neeson Rd Radiant
Heat
Paid by Check
# 101683
12/09/2022
01/23/2023
01/23/2023
02/03/2023
193.77
11138 - Bureau Veritas North America, Inc.
RI 22069457
3200 Imjin Rd
Demising Wall
Addendum
Paid by Check
# 101683
12/09/2022
01/23/2023
01/23/2023
02/03/2023
1,775.00
Account
6300.070 - Prof Svc Building Plan Check & Inspection
Totals
Invoice Transactions
6 $2,908.65
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
6 $2,908.65
Division
000 - Non-Div
Totals
Invoice Transactions
6 $2,908.65
Department
430 - Building Inspection
Totals
Invoice Transactions
6 $2,908.65
Department
510 - Recreation & Culture
Division
100 - Admin
Sub-Division
00 - Non-Subdiv
Account
6380.120 - Utilities Comm Mobile & Pager
10153 - Comcast
01-14-23
Teen Center Cable
Billing -Jan19-Feb18
2023
Paid by Check
# 101686
01/14/2023
01/24/2023
01/24/2023
02/03/2023
152.43
10603 - Verizon Wireless
9925566736
Cell Phone Charges for
Recreation Department
- January 2023
Paid by Check
# 101712
01/17/2023
01/24/2023
01/24/2023
02/03/2023
203.64
Account
6380.120 - Utilities Comm Mobile & Pager
Totals
Invoice Transactions
2 $356.07
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $356.07
Division
100 - Admin
Totals
Invoice Transactions
2 $356.07
Department
510 - Recreation & Culture
Totals
Invoice Transactions
2 $356.07
Fund
100 - General Fund
Totals
Invoice Transactions
84 $331,581.61
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
220 - Gas Tax
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
January 362-9
PG&E - 5996678362-9
Paid by Check
# 101701
01/19/2023
01/31/2023
01/31/2023
02/03/2023
10.39 10463 - Pacific Gas & Electric
January 483-6
PG&E - 3982644483-6
Paid by Check
# 101701
01/13/2023
01/31/2023
01/31/2023
02/03/2023
13,502.47
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
2 $13,512.86
Account
6380.500 - Utilities Water & Sewer
10349 - Marina Coast Water District
000056040
011923
Hilo Ave
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
27.97 10349 - Marina Coast Water District
000056028
011923
California at Jerry Ct
Paid by Check
# 101696
01/19/2023
01/27/2023
01/27/2023
02/03/2023
37.72 Account
6380.500 - Utilities Water & Sewer
Totals
Invoice Transactions
2 $65.69
Account
6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
3752836
Dump Run
Paid by Check
# 101697
01/20/2023
01/25/2023
01/25/2023
02/03/2023
26.00 10427 - Monterey Regional Waste
Management District
3756871
Christmas Trees
Paid by Check
# 101697
01/26/2023
01/27/2023
01/27/2023
02/03/2023
35.00 10427 - Monterey Regional Waste
Management District
3756983
Christmas Trees
Paid by Check
# 101697
01/26/2023
01/27/2023
01/27/2023
02/03/2023
43.40 Account
6400.155 - Material & Suppl Dump Fees
Totals
Invoice Transactions
3 $104.40
Account
6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service
5110157119
Shop Supplies
Paid by Check
# 101679
01/25/2023
01/25/2023
01/25/2023
02/03/2023
62.36 Account
6400.800 - Material & Suppl Uniform
Totals
Invoice Transactions
1 $62.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
8 $13,745.31
Division
000 - Non-Div
Totals
Invoice Transactions
8 $13,745.31
Department
000 - Non-Dept
Totals
Invoice Transactions
8 $13,745.31
Fund
220 - Gas Tax
Totals
Invoice Transactions
8 $13,745.31
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
223 - FORA Dissolution
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11489 - Wallace Group, Inc.
58477
Blight Removal
Paid by Check
# 101714
01/20/2023
01/25/2023
01/25/2023
02/03/2023
104,121.91
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $104,121.91
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $104,121.91
Division
000 - Non-Div
Totals
Invoice Transactions
1 $104,121.91
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $104,121.91
Fund
223 - FORA Dissolution
Totals
Invoice Transactions
1 $104,121.91
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
460 - Airport Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11489 - Wallace Group, Inc.
58397
Marina Airport Fuel
Farm 100LL Tank
Paid by Check
# 101714
01/20/2023
01/23/2023
01/23/2023
02/03/2023
4,243.75
11489 - Wallace Group, Inc.
58439
Airport B533 Exterior
CM
Paid by Check
# 101714
01/20/2023
01/23/2023
01/23/2023
02/03/2023
684.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
2 $4,927.75
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $4,927.75
Division
000 - Non-Div
Totals
Invoice Transactions
2 $4,927.75
Department
000 - Non-Dept
Totals
Invoice Transactions
2 $4,927.75
Fund
460 - Airport Capital Projects
Totals
Invoice Transactions
2 $4,927.75
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
462 - City Capital Projects
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.570 - Prof Svc Other
11199 - Wald, Ruhnke & Dost Architects,
LLP
2124904
Visual Arts Building
Paid by Check
# 101713
09/30/2022
01/25/2023
01/25/2023
02/03/2023
2,562.50
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $2,562.50
Account
6700.105 - Capital Outlay Construction
11037 - Don Chapin Company, Inc.
59881
Belle Ave Storm Drain
Repair
Paid by EFT #
2916
07/20/2021
01/25/2023
01/25/2023
02/03/2023
1,757.36
Account
6700.105 - Capital Outlay Construction
Totals
Invoice Transactions
1 $1,757.36
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
2 $4,319.86
Division
000 - Non-Div
Totals
Invoice Transactions
2 $4,319.86
Department
000 - Non-Dept
Totals
Invoice Transactions
2 $4,319.86
Fund
462 - City Capital Projects
Totals
Invoice Transactions
2 $4,319.86
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
555 - Marina Airport
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
10249 - Gatzke Dillon & Ballance
14370
Professional Services
Rendered 781 Neeson
Rd
Paid by Check
# 101690
01/09/2023
01/25/2023
01/25/2023
02/03/2023
10,871.00
11718 - Noland, Hamerly, Etienne & Hoss
227984
Professional Legal
Services - Dec. 2022-
Jan. 2023
Paid by Check
# 101699
01/25/2023
01/27/2023
01/27/2023
02/03/2023
5,324.10
Account
6300.450 - Prof Svc Legal - City Attorney Other Svc
Totals
Invoice Transactions
2 $16,195.10
Account
6300.570 - Prof Svc Other
11489 - Wallace Group, Inc.
58503
Airport Project
Management
Paid by Check
# 101714
01/20/2023
01/23/2023
01/23/2023
02/03/2023
3,582.00
Account
6300.570 - Prof Svc Other
Totals
Invoice Transactions
1 $3,582.00
Account
6360.050 - Maint & Repairs Building
10237 - Ferguson Enterprise , Inc. # 1423
9915975
Airport
Paid by Check
# 101689
05/02/2022
01/26/2023
01/26/2023
02/03/2023
25.53 10459 - Overhead Door Company
130290
781 Neeson Rd/Airport
Paid by Check
# 101700
01/19/2023
01/26/2023
01/26/2023
02/03/2023
1,298.98
Account
6360.050 - Maint & Repairs Building
Totals
Invoice Transactions
2 $1,324.51
Account
6360.440 - Maint & Repairs Landscape General
10154 - Commercial Environment
Landscape
2796-0123
Marina Airport Medians
Paid by EFT #
2915
01/19/2023
01/18/2023
01/18/2023
02/03/2023
2,900.00
Account
6360.440 - Maint & Repairs Landscape General
Totals
Invoice Transactions
1 $2,900.00
Account
6360.566 - Maint & Repairs Other Equipment
10275 - Home Depot Credit Service
01-13-23
PW Home Depot (6035
3225 0395 9813)
Paid by Check
# 101692
01/13/2023
01/25/2023
01/25/2023
02/03/2023
125.78
11299 - JR Fencing
8986
781 Neeson Rd/Airport
Paid by Check
# 101693
01/27/2023
01/26/2023
01/26/2023
02/03/2023
3,350.00
11789 - Premo Roofing Company
5195
Hangar Space A&B
Paid by Check
# 101702
01/11/2023
01/18/2023
01/18/2023
02/03/2023
1,830.00
Account
6360.566 - Maint & Repairs Other Equipment
Totals
Invoice Transactions
3 $5,305.78
Account
6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric
098-7.Jan23
761 Neeson Rd Bldg
524 (6800558098-7)
Paid by Check
# 101701
01/10/2023
01/18/2023
01/18/2023
02/03/2023
11,151.71
10463 - Pacific Gas & Electric
288-5.May22
781 Neeson Rd Bldg
520 (7175660288-5)
Paid by Check
# 101701
05/11/2022
01/18/2023
01/18/2023
02/03/2023
384.96
Account
6380.300 - Utilities Gas & Electric
Totals
Invoice Transactions
2 $11,536.67
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
11 $40,844.06
Division
000 - Non-Div
Totals
Invoice Transactions
11 $40,844.06
Department
000 - Non-Dept
Totals
Invoice Transactions
11 $40,844.06
Fund
555 - Marina Airport
Totals
Invoice Transactions
11 $40,844.06
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Vendor
Invoice No.
Invoice Description
Status
Held Reason
Invoice Date
Due Date
G/L Date
Received Date
Payment Date
Invoice Amount
Fund
557 - Abrams B NonProfit Corp
Department
000 - Non-Dept
Division
000 - Non-Div
Sub-Division
00 - Non-Subdiv
Account
6300.218 - Prof Svc Fin - Debt Admin/Issuance
10948 - Applied Best Practices
27897
Abrams B - Continuing
Disclosure Annual Rpt
(CDAR)
Paid by Check
# 101678
01/31/2023
01/31/2023
01/31/2023
02/03/2023
1,200.00
Account
6300.218 - Prof Svc Fin - Debt Admin/Issuance
Totals
Invoice Transactions
1 $1,200.00
Sub-Division
00 - Non-Subdiv
Totals
Invoice Transactions
1 $1,200.00
Division
000 - Non-Div
Totals
Invoice Transactions
1 $1,200.00
Department
000 - Non-Dept
Totals
Invoice Transactions
1 $1,200.00
Fund
557 - Abrams B NonProfit Corp
Totals
Invoice Transactions
1 $1,200.00
Grand Totals
Invoice Transactions
109
$500,740.50
Run by Rogah Satof on 02/02/2023 10:03:47 AM
Accounts Payable by G/L Distribution Report
Payment Date Range
02/03/23
-
02/03/23
Agenda Item: 10b(1)
City Council Meeting of
February 7, 2023
MINUTES
Wednesday, January 18, 2023 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER
MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions o f Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-140, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2023, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/
1. CALL TO ORDER
2. ROLL CALL & ESTABLISH MENT OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro-Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None
4. CLOSED SESSION:
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Light and Motion, 711 Neeson Road, Building 535 (APN: 031-112-025) Negotiating Party: Daniel Emerson
Negotiator(s): City Manager
Terms: Price and Terms
c. Real Property Negotiation (Govt. Code Section 54956.8) ii. Property: City of Marina Corporation Yard, 2660 5th Avenue, Marina, CA Negotiating Party: Remleh Scherzinger, Marina Coast Water District Negotiator(s): City Manager
Terms: Price and Terms
1 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 2
6:30 PM - RECONVENE OPEN SESSION AND REPOR T ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met in C losed Session at 5:00pm with regard to the two items listed having to do with Real Property Neg otiations. In both item, Council received information, provided direction and no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS: None
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Brian McMinn , PW Dir ector – Thursday, January 26 th from 2:00-5:00 PM will be an outreach/open house meeting on the Dunes Park and Glorya Jean Tate Park at the Sports Center, corner of 2nd Ave and 9th Street. Second opportunity to weigh in will be at 6:00pm at the Marina Council Chambers.
• Layne Long, City Manager – On Wednesday, January 25, 2023, at 7:00pm is the Joint City Council & Planning Commission Study Session for the General Plan Process Kick-off.
Announced our annual budget retreat will take place sometime in March, tentative dates will be sent out to council soon.
• Council Member Visscher – Announced MST will offer public community meetings to consider adoption of CEQA Exemptions for the Surf Busway and Bus Rapid Transit project on Monday, February 13, 2023 at 5:00pm in the Marina Library. Two more meetings will be held on February 14th and 15th at 5:00pm at the Boy & Girls Club in Seaside. • Mayor Delgado – Thanked everyone that attended the MLK Sculpture Garden groundbreaking on Monday, January 16th. Special thanks to Michaelle Mowery in our Public Works department for working with Council Member Medina Dirksen on this project. • Mayor Pro Tem Medina Dirksen – Announced that the Handcars along Del Monte are back in operations this weekend . To make reservations go to their websi te: handrails.com .
Thanked the public works department for their help in setting up for the MLK event. Shout- out to Myra Marrow, Marina High School student for an incredible speech.
8. PUBLIC COMMENT: Any member of the public may comment on an y matter within the City Council’s jurisd iction that is no t on the a genda. This is the appro priate place to comment on items on the Consent Ag enda. Action will not be taken on items not on th e agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever pos sible, written correspondence should be submitted to the C ouncil in advance of the meeting, to pro vide adequate time for its consideration.
• Grace Silva-Santella – Reminded Council, staff and the community that on S unday, January 22, 2023 at 2:00pm at the Marina Library will be the Celebration of Life for Mike Owen .
Everyone is invited to come and share your stories and memories of Mike. • Ana Acosta – Announced that Coffee Mia Brew Bar & Café became the second Blue Zones approved restaurant in Marina . Invited the council and p ublic to a Blue Z one’s Winter Wellness Family Fun event being held on January 21 st starting at 10 :00 am at the Marina Library.
2 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 3
• Alistair Rodd – Supports agenda item 10f(3) , the renaming of the landmark trees a long Beach Road.
• Greg Furey – Encouraged the Council to reconvene at some point in the near future in council chambers for the meetings . Commente d on how long the meetings run and losing public participation. A sked attorney if mayor commenting on proposed proponent ’s cardroom presentation made earlier in the month violated the Brown Act. • Nancy Amadeo – Supports agenda item 10f(3) for the renamin g of the landmark trees along Beach Road.
• Margaret Davis – Asked for an update on Chaparral and the Marina Equest rian Center.
Asked if the rumors were t rue about the city giving land to the M arina Equestrian Association for boarding horses.
• Tommy Bolea – Commented on the Zoom clock during the meetings. Commented on use of the property next door to City Hall or just fixing our current buildings.
9. CONSENT AGENDA FOR THE SUCCE SSOR AGENCY TO THE FORME R MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the f ormer Redevelopment Agency on all matters listed under th e Consent Agenda, and these items are consid ered to be routine and non-controversial. All item s under the Consent Agenda are normally approved by one moti on. Prior to such a motion being made, any member of the public or City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be rou tine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior t o such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101400-101589, totaling $2,646,971.02. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) December 20, 2022, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 3-01, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, making certain findings; and authorizing t he city to continue to i mplement r emote teleconferenced public meetings of the City Council and its constituent bodies for the period January 20, 2023, through February 18, 2023. 3 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 4
(2) Adopting Resolution No. 2023-02, authorize the City Manager to apply for the Permanent Local Housing Allocation (PLHA) Grant as administered by the State Department of Housing and Community Development (State HCD). and to authorize the finance director to make appropriate budgetary amendments to budget.
(3) Adopting Resolution No. 2023-03, authorizing the changing of the name of the “Designated Avenue of Landmark Trees 1996” signs along Beach Road to now read “Mike Owen Avenue of Landmark Trees 1996”. (4) Adopting Resolution No. 2023 -04, approving consent to the City o f Monterey to renew the Mont erey County Tourism Improvement District (MCTID) and include the City of Marina in the MCTID.
(5) Adopting Resolution No. 2023-05, a pproving the allocation of an Administrative Analyst II position at the Marina Municipal Airport; and, authorizing the City Mana ger to make necessary adjustments to the City’s classification and compensation plan.
(6) Adopting Resolution No. 2023 -06, approving a Financial Analyst classification and salary schedule; and, authorizing the City Manager to make necessary adjustments to the City’s classification and compensation plans.
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS:
(1) Appointing to Pl anning Commission: Glenn Woodson, Surinder Rana, Hyunsoo Hur and Victor Jacobsen. 4-seats expiring February 2025.
Mayor Pro Tem Medina Dirksen had questions for agenda item 10f(4). Item pulled for discussion. To be heard prior to all public hearing items Council Members McCarthy and Biala made comments on agenda item 10f(3) Council Member Visscher made comments on agenda items 10f (2) and 10f(3) and questions for 10f(5) and 10f(6)
BIALA/VISSCHER: TO APPROVE THE CONSENT AGENDA M INUS 10f(4) . 5 -0-0-0 Motion Passes by Roll Call Vote
BIALA/DELGADO: TO ADOPT RESOLUTION NO. 2023 -04, APPROVING CONSENT
TO THE CITY OF MONTEREY TO RENEW THE MONTEREY COUNTY TOURISM
IMPROVEMENT DISTRICT (MCTID) AND INCLUDE THE CITY OF MARINA IN THE MCTID. 5-0-0-0 Motion Passes by Roll Call Vote
4 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 5
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All oth er persons may be given up to three (3) minutes to speak on the matter.
a. Open a p ublic hearing and consider adoption of an ordinanc e establishing an affordable ho using overlay, a m itigated negative declaration and a corresponding general plan amendment.
Mayor Delgado opened the public hearing for public comments. • Denise Turley – Asked how a half a parking space is calculated and why no handicap parking is mentioned? A sked how many 15% set-a-side low-income development are in Mari na or already exist? Does fire department have a say on height requirements based on what fire equipment they own?
• Gabriel Sanders – Thanked staff for taking Landwatch’s comments into consideration on this project. Plan looks great and hopes that similar plans or additional sites, are used for the 6 th cycle. Commented on AB2011.
• Adam Pinterits – Thanked Council for their thoughtful questions, and staff and consultants for their hard work on preparing this. Commented on the current affordable housing crisis and stated 15% of something is better than nothing.
• Jeff Markham – Asked i n th e implementation of the HAO what has been done regarding deferring or re ducing permit fees and impact fees ? Commented on the Downtown Revitalization Plan finalization and asked when it would finally be approved. • Nancy Amadeo – Stated that Marina has a few 100 % affordable housing project in Marina .
Noted this is about taking a development project that might not have had any affordable housing in it and getting affordable housing into them to help our RHNA numbers and Housing Element.
• Grace Silva-Santella – Clarified the date of the Downtown Vitalization Plan being 2019, not 2011.
• Francisco Covarrubias – property owners of one of the 23 identified parcels. And what would be if you could label , towards the end, would be the incentivized fees or permit process ? Would it be on design?
• Tommy Bolea – Asked if the 23 project areas would be working with Section 8, CHISPA or HUD? Asked about sizes of each project area and affordability time periods.
Mayor Delgado closed the public hearing.
MCCARTHY/MEDINA DIRKSEN: CONSIDER AND AP PROVE THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM; ADOPT AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING OVERLAY (AHO); AND ADOPT A GENERAL PLAN AMENDMENT (GPA) TO SECTION 2.28 OF THE MARINA GENERAL PLAN TO IMPLEMENT THE AHO; CITY STAFF SHALL BE
DIRECTED TO PREPARE AN OBJECTIVE STANDARD FOR PATIOS AND TO
ENSURE THE COLORS OF PROJECTS ARE CONSISTENT WITH CITY OF MARINA DESIGN GUIDELIN ES; AND CITY STAFF SHALL FURTHER EVALUATE ADDITIONAL OBJECTIVE STANDARDS BE EVALUATED IN THE NEAR TER M. 5- 0-0-0 Motion Passes by Roll Call Vote
5 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 6
b. Amending Title 17 (Zoning Ordina nce) of the Marina Municipal Code and add Section 2.37.1 to the General Plan i n response to Senate Bill 478. Thi s state law encourages the adoption of policies that support missing middle housing projects. The proposed amendm ents are exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines. Continued to February 7, 2023 c. Amending Marina Municipal Code ( MMC) Chapter 5.32 (C ardrooms) to modify the criteria for the transfer of ca rdroom permits pursuant to MMC
5.32.090 and to amend MMC Sections 5.32.102 to remove the moratorium on new cardroom permits and 5.32.106 to clarify no more than two cardroom permits. The proposed amend ments are exempt from environmental review per Section 15060(c)(2) of the CEQA Guidelines.
Mayor Delgado opened up the public hearing for comments:
The following persons spoke in opposition of this item: Mike M oeller, Anna Russell Rudo lph, Hans Ongchua, Nancy Amadeo, Greg Simmons, Linda Sander, John Sanders, Denise Turley, Frank Calamia, Grace Silva-Santella, Jeff Markham, Mike Kennedy, Tommy Bolea, Greg Furey, Nancy Fortman
The following persons spoke in favor of this item: Paul Bruno, Paul Manuel
Medina Dirksen/Delgado: that we postpone the decision until more information is obtaine d specifically: Background information on cases from the state gaming commission that were major violations against the applicant; Putting wager limits on card rooms in the City of Marina.
Mayor Pro Tem Medina Dirksen withdrew her motion.
BIALA/VISSCHER: THAT T HE PROPOSED AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PER SECTION 15060(C)(2) OF THE CEQA GUIDELINES; THAT WE READ BY TITLE ONLY, WAIVE FURTHER READING, AND APPROVE THE FIRST READING OF ORDINANCE 2023 -, APPROVING AMENDMENTS TO TITLE 5 OF THE MARINA MUNICIPAL CODE (MMC) BY MODIFYING SECTION 5.32.090 TO CLARIFY THE ASSIGNMENT OF CARDROOM PERMITS AND AMEND MMC SECTION 5.32.102 TO REMOVE THE LOCAL MORATORIUM ON NEW CARDROOM PERMITS AND SECTION 5.32.106 TO CLARIFY A MAXIMUM OF T WO (2) CARDROOM PERMITS IN THE CITY OF MARINA; AND DIRE CT STAFF TO PREPARE A ZONING TEXT AMENDMENT TO
IDENTIFY ZONING DISTRICT OR DISTRICTS TO ALLOW CARDROOMS TO BE LOCATED IN TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL CODE
WITH A REFERRAL TO THE P LANNING COMMISSION FOR REVIEW AND STUDY. 3-2(McCarthy, Medina Dirksen)-0-0 Motion Passes by Roll Call Vote Substitute Motion
McCarthy/Medina Dirksen: that we take no action and come back in 18-24 months and place this on the November 2024 ballot. 2-3(Visscher, Biala, Delgado) -0-0 Substitute Motion Fails
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AG ENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak. 6 MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 7
13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, ta ke action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Discuss the pros and cons of including City Council members or City Council recommended members to the Community Panel that will interview police chief candidates ; and d iscuss other aspects of the hiring process if City Council has other ideas ; and p rovide staff with any further direction in the matter. Continued to February 7, 2023
b. Discuss for not more than 30 minutes any projects from the below project list and p rovide staff with any further direction in the matter . Continued to February 7, 2023
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council rep orts on meetings and conferences attended (Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 1:02 A.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce Delgado, Mayor
7 January 31, 2023 Item No. 10f(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 7, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2023-, RECOGNIZING
A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020,
AND RE-AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE
CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD FEBRUARY 19 , 2023 , THROUGH FEBRUARY 28, 202 3, PURSUANT TO BROWN ACT PROVISIONS.
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2023-, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, hereinafter the “Brown Act”) making certain findings; and authorizing the City to continue to implement remote teleconferenced public meetings of the City Council and its constituent bodies for the period February 19, 2023, through February 28, 2023.
BACKGROUND:
Government Code §54953(e) allows cities to continue to meet remotely during states of emergency proclaimed by the Governor under modified Brown Act requirements that are similar to but not identical to the rules and procedures established by the prior Executive Orders of Governor Newsom relating to the relaxation of certain Brown Act requirements during the COVID-19 pandemic.
Government Code §54953(e) authorizes local agencies to us e teleconferencing without complying with teleconferencing requirement imposed by the Brown Act during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency or when the legislative body had determined by majority vote that meeting in person would present imminent risks to the health or safety of attendees.
At a special meeting held on October 5, 2021, the City Council adopted Resolutio n 2021-104 regarding the Brown Act making certain findings, and authorizing the City to implement remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) for the period October 5, 2021 through November 4, 2021; subsequently on November 2, 2021, the Council adopted Resolution 2021 -113 extending that period until December 2, 2021; on November 16, 2021, the Council adopted Resolution 2021 - 118 extending that period until December 16, 2021 ; on December 14, 2021, the Council adopted Resolution 2021 -134 extending th at period until January 13, 2022; and on January 11, 2022, the Council adopted Resolution 2022-02 extending that period to February 10, 2022; and on February 1, 2022, the Council adopted Resolution No. 2022 -13, extending that period until March 3, 2022; on March 1, 2022 Council adopted Resolution No. 2022 -32, extending that period to March 31, 2022, on March 15, 2022 Resolution 2022 -34; April 19, 2022 Resolution No. 2022 -48, and on May 17, 2022 adopted Resolution No. 2022-54; on June 21, 2022 Resolution No. 2022-78; on July 19, 2022, Resolution No. 2022 -94 on August 16, 2022 Resolution No. 2022 -105, on September 7, 2022 Resolution No. 2022 -110; on October 18, 2022, Resolution No. 2022 -123; on November 15, 2022 Resolution No. 2022 -134; on December 6, 2022, Resolution No. 2022 -140, on January 1 8, 2023, Resolution No. 2023-01, extending the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to January 19, 2023.
1 ANALYSIS:
On June 11, 2021, Governor Newsom iss ued Executive Order N -08-21 which among other things rescinded his prior Executive Order N-29-20 and set the date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variants surged in California, the legislature took action to extend the COVID -19 exemptions to the Brown Act’s teleconference requirements, subject to some additional requirements.
California and Monterey County are presently continuing to experience cases of the rapidly-spreading Omicron variant. Assembly Bill 361 amended Government Code §54953 and allowed a local agency to use teleconferencing in any of the following circumstances without complying with certain Brown Act provisions:
1. The legislative body holds a meeting during a proclaimed state of eme rgency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote taken at a meeting held for the purpos e described in 2 above, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under any of these circumstances would be required to follow certain requirements listed in the attached Resolution, in addition to giving notice of the meeting and posting agendas as required under the Brown A ct. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. The City of Marina adheres to the listed requirements.
Government Code §54953(e)(3) provides that if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the exemption to the Brown Act teleconferencing requirements:
● The legislative body has reconsidered the circumstances of the emergency; and
● Either of the following circumstances exist: the state of emergency continue to directly impact the ability of members to meet safely in person or State o r local officials continue to impose or recommend social distancing measures.
The goal of Government Code §54953 as revised by AB 361 is to improve and enhance public access to local agency me etings during the COVID -19 pandemic and future applicable emergencies by allowing broader access through teleconferencing options. The current version of Government Code §54953 became effective on September 16, 2021, with a sunset of the present version on January 1, 2024.
FISCAL IMPACT:
None identified.
2 CONCLUSION:
This request is submitted for City Council consideration and possible adoption of a resolution proclaiming a local emergency persists, re -ratifying the proclamation of a state of emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Marina and its constituent bodies for the period January 20, 2023 , through February 19, 2023, pursuant to Brown Act provisions.
Respectfully submitted,
___________________________
Layne Long
City Manager
City of Marina
3 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA RECOGNIZING A LOCAL
EMERGENCY PERSISTS, RE -RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING
REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD FEBRUARY 19 , 2023 , THROUGH FEBRUARY 28, 2023, PURSUANT TO BROWN ACT PROVISIONS.
WHEREAS, the City of Marina is committed to preserving and nurturing public access and participation in meetings of the City Council and its constituent bodies; and
WHEREAS, all meetings of City of Marina’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City Council previously adopted Resolution No. 2021-104 on October 5, 2021, Resolution 2021-113 on November 2, 2021, Resolution 2021-118 on November 16, 2021, Resolution 2021 -134 on December 14, 2021, Resolution 2022-02 on January 11, 2022, Resolution 2022-13 on February 1, 2022, Resolution No. 2022-13 on March 1, 2022, Resolution 2022-32, on March 15, 2022 Resolution 2022-34; April 19, 2022 Resolution No. 2022-48, and on May 17, 2022 Resolution No. 2022-54; on June 21, 2022 Resolution No. 2022-78; on July 19, 2022 Resolution No. 2022-94; on August 16, 2022, Resolution No. 2022-105; Resolution No. 2022 -110 on September 7, 2022 , Resolution No. 2022 -123 on October 18, 2022,, , Resolution No. 2022 -134 on November 15, 2022 ; on December 6, 2022, Resolution No. 2022 - 140, on January 1 8, 2023, Resolution No. 2023 -01, extending the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to January 19, 2023.; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, the March 4, 2020, proclamation by the Governor of a state of emergency in the State of California due to COVID -19 and the March 13, 2020, proclamation of a state of emergency in the City of Marina by the City Manager, as the City’s Director of Emergency Services, due to COVID-19 which was subsequently ratified by the City Council on March 17, 2020, and after having been supplemented twice, and both proclamations of states of emergency remain in effect; and
4 Resolution No. 2023-
Page Two
WHEREAS, on September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies, attached hereto as Attachment 1; and
WHEREAS, the City Council does hereby find that California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of June 13, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as medium with a case rate of 29.9 individuals per 100,000 persons, as of June 13, 2022, a total of 750 persons have died of COVID-19 and 367 persons are reported as new cases currently suffering from COVID -19 with 27 persons reported hospitalized in Monterey County by the County Health Department; this situation has and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to recognize and affirm a local emergency exists and re -ratify the proclamation of state of emergency by the Governor of the State of California and to recognize the County of Monterey Health Department’s recommendation regarding social distancing; and
WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the City Council and its constituent bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City of Marina will continue to implement the following measures for meetings of its City Council and its constituent bodies:
● Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
● In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
● Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
● Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
● Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s contr ol and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under the Brown Act’s existing challenger provisions).
● Not require comments be submitted in advance (though the legislativ e body may provide that as an option) and provide the opportunity to comment in real time.
● Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
● If the legislative body uses a third -party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
5 Resolution No. 2023-
Page Three
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists. The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and:
(a) On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies; and (b) California and Monterey County are presently continuing to experience cases of the rapidly- spreading COVID-19 Omicron variant and as of June 13, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as medium with a case rate of 29.9 individuals per 100,000 persons, as of June 13, 2022, a total of 750 persons have died of COVID-19 and 367 persons are reported as new cases currently suffering from COVID-19 with 27 persons reported hospitalized in Monterey County by the County Health Department; and this has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City.
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby reconsiders and re-ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Marina, the City Council and its constituent bodies, are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 28, 2023, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 18th day of January 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
6 ATTACHMENT 1
7 February 7, 2023 Item No. 10f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 7, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPROVING THE SALARY RANGE ADJUSTMENT FOR PLANNING
MANAGER AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE
APPROPRIATE BUDGETARY AMENDMENTS TO BUDGET
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2023- approving the salary range adjustment for Planning Manager and
2. Authorize Finance Director to make appropriate budgetary amendments.
BACKGROUND
The Planning Division has a vacancy at the Planning Manager position. During vacancy of a position, it is a best management practice to evaluate the salary and benefits to ensure the City is remaining competitive with industry practices and standards. It has been the practice to keep the Planning Manager and Chief Building Official salaries on an equivalent pay scale since both are middle management positions within the Community Development Department that supervise an equivalent number of employees. Upon review of the Chief Building Official salary, the Planning Manager salary was considerably lower. By this action, the City Council will be making the pay equivalent for both positions. The City’s Personnel Manual under Section 8 Compensation and Salary Administration provides for the establishment of a Classification Plan and a Compensation Plan.
Compensation Plan
The Compensation Plan establishes the salary range and salary steps or rates of pay for each classification in the City. The purpose of the Compensation Plan is to provide equitable and competitive compensation for all employees in accordance with approved compensation policies and practices. The Personnel Officer shall administer the compensation plan for all city employees, except for the City Manager which is administered by the City Council. If a salary review indicates that there should be adjustments in the Compensation Plan, the Personnel Officer shall make appropriate recommendations to the City Council.
General Principles and Practices
In order to attract and retain qualified personnel at all levels of the organization and to motivate a high performing workforce, the City of Marina establishes and maintains fair, uniform, and competitive salary ranges. These ranges are consistent with the economic constraint of the City and the labor market in which we compete while also retaining internal equity with other classifications. In establishing salary ranges, the City generally targets at being in the middle of our competitive job market. The City’s competitive labor market area includes but is not necessarily limited to the following cities: Seaside, Salinas, Monterey, Pacific Grove, Hollister, Gilroy, San Luis Obispo, Watsonville and Santa Cruz.
1 Factors the City considers when establishing salary ranges includes reviewing the local area’s consumer price index, salary increases granted by comparable employers within the established labor market and other economic and market condition indicators. Periodically the City makes an equity adjustment to specific job classifications to reflect changes in the competitive marketplace as determined by salary surveys and review of internal alignment.
ANALYSIS
To stay competitive with the job market the Planning Manager job description and salary schedule needs to be updated to fill this vacancy. The following table summarizes the proposed salary range adjustments are proposed for the position.
Classification Annual Current Salary
Range
Annual Proposed Salary
Range
Planning Manager $113,921-$138,486 $119,392-145,121
The proposed changes will move the proposed classifications towards the middle of the competitive market in their respective salary ranges. The fiscal impact of these proposed changes is approximately $8,000 in additional salary and employer costs annually.1
FISCAL IMPACT
The proposed Planning Manager salary range adjustment would increase the top step of the position salary range from $138,486 to $145,121 per year with a total fiscal impact being approximately $8,000 per year.
Respectfully submitted,
Matt Mogensen
Assistant City Manager
City of Marina
REVIEWED/CONCUR:
Layne Long
City Manager
City of Marina
1 The final salary is $145,121 and with 30% mark up for benefits so the total fiscal impact is $188,657 slightly higher than that current fiscal impact of $180,031 (base salary of $138,000 +30% benefits package) 2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING THE SALARY RANGE ADJUSTMENT FOR PLANNING
MANAGER AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE
APPROPRIATE BUDGETARY AMENDMENTS TO BUDGET
WHEREAS, in the 202 2-2023 fiscal year budget, the City Council approved the funding for the Classification of Planning Manager; and
WHEREAS, the City’s Personnel Manual under Section 8 Compensation and Salary Administration provides for the establishment of a Classification Plan and a Compensation Plan; and
WHEREAS, the Compensation Plan establishes the salary range and salary steps or rates of pay for each classification in the City. The purpose of the Compensation Plan is to provide equitable and competitive compensation for all employees in accordance with approved compensation policies and practices. The Personnel Officer shall administer the compensation plan for all city employees, except for the City Manager which is administered by the City Council. If a salary review indicates that there should be adjustments in the Compensation Plan, the Personnel Officer shall make appropriate recommendations to the City Council; and
WHEREAS, the proposed salary adjustment will change the annual salary range as demonstrated in the table below:
Classification Annual Current Salary
Range
Annual Proposed Salary
Range
Planning Manager $113,921-$138,486 $119,392-145,121
WHEREAS, the fiscal impact of the proposed change is approximately $8,000 annually for in additional salary and employer benefit costs.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Marina that it does hereby:
1. Adopting Resolution No. 2023- approving the salary range adjustment for Planning Manager.
2. Authorize Finance Director to make appropriate budgetary amendments.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on this 7th day of February 2023 by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
3 February 2, 2023 Item No: 10f(3)
Honorable Mayor and Members City Council Meeting
of the Marina City Council/Airport Commission of February 7, 2023 CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023 -,
APPROVING THE ALLOCATION OF $165,000 FOR EMERGENCY FIRE SPRINKLER SYSTEM REPAIRS AT 761 NEESON ROAD; AND AUTHORIZING
FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND
BUDGETARY ENTRIES
REQUEST:
It is requested that the City Council Commission consider:
1. Adopting Resolution No. 2023- , approving the allocation of $165,000 for emergency fire sprinkler system repairs at 761 Neeson Road; and
2. Authorizing Finance Director to make necessary accounting and budgetary entries.
BACKGROUND:
Building 524 (761 Neeson Rd.) is a steel framed structure with corrugated metal siding; large central hangar bay (approximately 137 feet wide, 150 feet long) with sliding doors at each end (facing northwest and southeast); door clearance height of 35 -40 feet; with two -story storage or office and restroom space along both sides of the hangar bay. The interior space consists of approximately 20,500 square feet of the hangar bay floor.
Building 524 was constructed by the Army in 1961. The fire system is original and has been in operation since that time. The system has run its useful life. Recently, the tenant has notified the Airport of concerns that the pump that runs the system is failing and the valves, etc cannot be guaranteed to work properly. This means there could be a m isfire of the system, which would cause extensive water damage, or it may not function at all in the event of a fire. Unfortunately, repair of this 60-year-old system is no longer possible and a retrofit is necessary.
The lease established with the tenant indicates that the maintenance of the fire suppression system is the responsibility of the City.
ANALYSIS:
The existing fire suppression system cannot be repaired today as the parts are not available. To ensure adequate fire protection that is cod e compliant a complete retrofit of the fire suppression system is necessary.
In order to rectify the fire suppression system issues, staff has asked the City’s approved on call contractor to provide a quote to complete the fire system retrofit work. The quote received included costs of $151,661.73 to retrofit the entire system to make it compliant with today’s fire code and to modify the entrance to the hangar facility in order to be compliant with today’s fire code. Staff is including at 10% contingency with the funding request, for a total allocation of $165,000.
This is not a Project under CEQA per Article 20, Section 15378) 1 FISCAL IMPACT:
The cost to retro fit and modify the structure to meet fire code are $151,661.73. Staff is requesting a total allocation of $165,000 to allow for a 10% contingency. Funding for this project can be allocated from unallocated fund balance in the Airport Enterprise Fund. Unallocated fund balance in the Fund is approximately $992,000.
CONCLUSION:
This request is submitted for the City Council consideration and approval.
Respectfully submitted,
_____________________________
Matt Mogensen
Assistant City Manager
City of Marina
REVIEWED/CONCUR:
___________________________
Layne Long
City Manager/Airport Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE ALLOCATION OF $165,000 FOR EMERGENCY FIRE SPRINKLER SYSTEM REPAIRS AT 761 NEESON ROAD; AND AUTHORIZING FINANCE DIRECTOR TO MAKE
NECESSARY ACCOUNTING AND BUDGETARY ENTRIES
WHEREAS, Building 524 is a steel framed 2-story structure with offices on each wing and a large 20,500 square foot central hangar bay that was built by the Army in 1961; and, WHEREAS, the fire suppression system was installed at the time the building was constructed and has been in operation since that time; and,
WHEREAS, the system has run its useful life and the pumps, valves, etc cannot be guaranteed to work properly and repair of this 60-year-old system is no longer possible and a retrofit is necessary; and,
WHEREAS, t he lease established with the tenant indicates that the maintenance of the fire suppression system is the responsibility of the City; and, WHEREAS, staff has asked the City’s approved on call contractor to provide a quote to complete the fire system retrofit work. The quote received included costs of $151,661.73 to retrofit the entire system and upgrade the structure to make it compliant with today’s fire code; and, WHEREAS, a total allocation of $165,000 including a 10% contingency is requested from the unallocated fund balance in the Airport Enterprise Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Adopting Resolution No. 202 3- , approving the allocation of $165,000 for emergency repairs to the fire sprinkler system at 761 Neeson Road; and
2. Authorizing Finance Director to make necessary accounting and budgetary entries.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of February 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
______________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, Deputy City Clerk
3 January 30, 2023 Item No. 10g(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 7, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023,
AUTHORIZING AN INTERLOCAL PURCHASING AGREEMENT WITH
BUYBOARD FOR COOPERATIVE PURCHASING OF GOODS AND
SERVICES.
RECOMMENDATION:
It is recommended that the City Council:
1. Consider adopting Resolution No. 2023-, authorizing an Interlocal Purchasing Agreement with BuyBoard for cooperative purchasing of goods and services; and,
2. Authorize the City Manager to execute the Interlocal Purchasing Agreement with BuyBoard on behalf of the City of Marina (“City”) subject to final review and approval by the City Attorney.
BACKGROUND:
BuyBoard National Purchasing Cooperative (“Buyback”) is administrative agency of governments and governed by a 9-member board comprised of elected officers and employees of agency members and employees and appointees of sponsoring and administrator associations. BuyBoard awards all contracts, which are made available to l ocal governments nationwide through BuyBoard. In order to fully comply with the provisions of this process, it is necessary that the City’s execute an agreement with BuyBoard. Once executed, the agreement will automatically renew annually, and is applicable to purchases made under the BuyBoard process.
The range of services and products available through BuyBoard includes communications equipment and services, emergency equipment and supplies, general purpose and emergency vehicles, grounds facilities and parks equipment, infrastructure equipment and services, and public works equipment. Not all of the services and products that the City is in need of on a regular basis are available through BuyBoard. Only the services and products available will be considered through this Interlocal Participation Agreement.
If approved, the purchase of emergency radios for the Police Department, Fire Department, and Public Works Department would be the first purchase under BuyBoard. The emergency radio purchase is on the agenda as a separate item for City Council consideration.
ANALYSIS
Entering into an agreement with BuyBoard and utilizing BuyBoard procedures would facilitate compliance with state procurement requirements, identify qualified vendors of commodities, goods and services and realize costs savings to the City. Awards of contracts or purchases in the amount of $25,000 or more will still be brought to City Council for the final decision per the Municipal Code. All purchases will continue to be through contracts and/or purchase orders executed by the City and the vendor/contractor. (“EXHIBIT A”)
1 Under its purchasing ordinance, the City may purchase or contract for supplies and equipment required by any using agency in accorda nce with its purchasing procedures. (Marina Municipal Code Chapter 3.16.020.)
California represents the 8th largest purchase volume total in the BuyBoard since September 2021 to the current date. There are a total of 158 member entities in California and 48% are city governments. The BuyBoard offers 80 competitively procured contracts that provide cities with a wide range of products and equipment that are focused at the needs of municipalities nationwide.
The Agreement is not a Project under California Environmental Quality Act (“CEQA”) per Article 20, Section 15378, and under General Rule Article 5, Section 15061. CEQA applies only to activities that have the potential for causing a significant effect on the environment. The proposed Agreement has no potential to cause any effect on the environment, or falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
FISCAL IMPACT:
There is no cost to qualifying agencies, such as counties, cities, or special districts, to execute a Agreement with BuyBoard. The vendor providing the supplies and services to the City is required to register the project with BuyBoard and to pay a percentage of each project award to BuyBoard.
Utilizing BuyBoard to satisfy the competitive bidding requirements on purchase will streamline the purchasing process and save costs and staff time.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
___________________________
Brian McMinn
Public Works Director
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AUTHORIZING AN INTERLOCAL PURCHASING AGREEMENT WITH BUYBOARD
FOR COOPERATIVE PURCHASING OF GOODS AND SERVICES
WHEREAS, the City of Marina makes various purchases as a part of routine business; and
WHEREAS, utili zing a competitive bidding process ensures that the City receives goods and services at a competitive price; and
WHEREAS, BuyBoard Purchasing Cooperative is a regional council of governments and governed by a 9 member board comprised of elected officers a nd employees of Cooperative members and employees and appointees of sponsoring and administrator associations. BuyBoard awards all contracts, which are made available to l ocal governments nationwide through BuyBoard; and
WHEREAS, staff has verified that several California Cities have utilized the current BuyBoard bidding process and prices for the purchasing; and
WHEREAS, entering into an interlocal contract for cooperative purchasing will allow the City of Marina to take advantage of the competitively bid contract pricing available through BuyBoard Purchasing Cooperative; and
WHEREAS, entering into an interlocal contact with BuyBoard will be at no cost to the City; and,
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina as follows:
1. Consider adopting Resolution No. 2023-, authorizing an Interlocal Purchasing Agreement with BuyBoard for cooperative purchasing of goods and services with BuyBoard Purchasing Cooperative; and,
2. Authorize the City Manager to execute the interlocal contract with BuyBoard on behalf of the City subject to final review and approval by the City Attorney
PASSED AND ADOPTED by the City Council of the C ity of Marina at a regular meeting duly held on the 7th day of February 2023by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
_________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A
4 EXHIBIT A
5 EXHIBIT A
6 EXHIBIT A
7 EXHIBIT A
8 EXHIBIT A
9 ORDINANCE 2023-01
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 4, OF THE MARINA MUNICIPAL CODE BY ADDING A NEW SECTION 17.48.130 “AFFORDABLE HOUSING OVERLAY” AND AMENDING SECTION 2.28 OF THE MARINA
GENERAL PLAN
WHEREAS, the Housing Element is the only element of the City of Marina’s (City) General Plan that is mandated by the State of California to be updated with frequency and on cycles as determined by the California Department of Housing and Community Development (HCD); and WHEREAS, the City’s Fourth and Fifth Cycles for updates ran from 2007 -2014 and 2014 -2023, respectively; and
WHEREAS, on February 15, 2022, the City Council awarded a contract to Rincon Consultants, Inc. to modify the Downtown Vitalization Specific Plan (DVSP) and to create an Affordable Housing Overlay (AHO) in order for the City to meet its near-term Regional Housing Needs Allocation (RHNA) for the Fourth and Fifth Cycles and bring its Housing Element into compliance; and WHEREAS, on December 8, 2022, at a duly noticed public hearing, the Planning Commission received written and verbal testimony regarding the AHO and recommended adoption of the proposed ordinance to the City Council to establish the AHO; and WHEREAS, Section 65583 of the Government Code mandates that the City identify and analyze the exi sting and projected housing needs , identify adequate sites for housing and make adequate provision for the exi sting and projected housing needs of all economic segments of the community; and
WHEREAS, the AHO serves to implement Housing Element pro grams and address housing needs within the City by encouraging the dev elopment of very low income and low -income affo rdable housing and new multi-family residential development; and WHEREAS, the AHO implements the Housing Element programs by providing dev elopment regulations to support and incentivize affordable housing and multi-family residential development on designated housing opportunity sites; and
WHEREAS, the AHO shall provide for the continuation of the ability to develop land uses permitted by the existing base (underlying) zoning of a property unless the property is developed for residential uses in accordance with the AHO; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA) Guidelines section 15063, the City prepared an Initial Study to analyze whether the proposed Project may cause a potentially significant effect on the environment; and
WHEREAS, an Initial Study for the Project has been completed pursuant to CEQA that identifies potentially significant effects on the environment which would result from the Project, and concludes that these impacts can be avoided or reduced to a level of insignificanc e with adoption and implementation of certain mitigation measures therein identified and listed; and Agenda Item: 10l(1)
City Council Meeting of
February 7, 2023
1 Ordinance No. 2023-01
Page Two
WHEREAS, based on this Initial Study, a Mitigated Negative Declaration (MND) and Mi tigation Monitoring and Reporting Plan (MMRP) has been prepared in acc ordance with CEQA, which finds that any potentially significant environmental effects of the proposed Project would be sufficiently mitigated to a level of insignificance with implementa tion of mitigation measures specified therein; a complete copy of the MND and MMRP and all supporting exhibits and documents are on file and can be viewed at the City planning office; and
WHEREAS, pursuant to Public Resources Code section 21081.6 and State CEQA Guidelines section 15074(d), the City pr epared a program for re porting on and monitoring the changes which it has either required in the proposed Project or made a condition of ap proval to mitigate or avoid potential significant environmental effects (MMRP), a copy of which is attached hereto as Attachment 5; and
WHEREAS, the City published a Notice of Intent of the MND and MMRP for the Project on September 26, 2022, which started a 30-day public review period. The notice was posted at the City office, the County Clerk, on the City website, publ ished in the Monterey County Weekly and sent to all property owners whose parcels w ere selected for inclusion in the ordinance, and all interested persons; and
WHEREAS, during the public review and comment p eriod, copies of the MND were available for review and inspection at C ity Hall, the Community Development Department Permit Center , and on the City’s website; and
WHEREAS, at the January 19, 2023, and February 7, 2023 meetings, the City Council reviewed and considered the MND and MMRP for the Project , any comments received to-date and the responses prepared, invited additional comments from the public; and
WHEREAS, the City Council conducted its own independent analysis of the MND and MMRP and determined that the MND and MMRP were appropriate as ther e is substantial eviden ce the Project would not result in any significant environmental impacts and the MND reflects the Council’s independent judgment and analysis; and
WHEREAS, all the requirements of the Public Resources Code, the State CEQA Guidelines , and the regulations and policies of the City have been satisfied or complied with by the City in connec tion with the Project; and
WHEREAS, the findings and conclusions made by the City Council in this Ordinance are based upon the oral and written evide nce presented as well a s the entirety of the administrative record for the proposed Project, which is inc orporated herein by this reference. The findings are not based solely on the information provided in this Ordinance; and
WHEREAS, the location and cu stodian of the document s or other materials which constitute the record of proceedings upon the City Council’s decision are located in the Office of City Clerk; and
NOW, THEREFORE, the City Council of the City of Marina does find and ordain as follows:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
2 Ordinance No. 2023-01
Page Three
SECTION 2. The City Counc il of the City of Marina hereby adopts the Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program and approves the Project subject to the findings attached hereto as Exhibit A (Fin dings), Mitigated Negative Declarati on (Attachment 4) and Mitigation, Monitoring and Reporting Program ( Attachment 5), attached hereto and incorporated by this reference.
SECTION 3. Amendment of the Code. New section 17.48.130, Affordable Housing Overl ay, is added to Chapter 17. 48 of the Marina Municipal Code , Affordable Housing, and shall read as follows:
17.48.130 Affordable Housing Overlay
A. Purpose and Intent. The Af fordable Housing Overlay (AHO) serves to implement Housing Element programs and address housing needs within the City b y encouraging the development of very low income and low income affo rdable housing and new multi -family residential development. The AHO implements the Housing Element programs by providing developme nt regulations to support and incentivize affordable hous ing and multi -family residential development on designated housing o pportunity sites. It shall provide for the con tinuation of the ability to develop land uses permitted by the existing base (underl ying) zoning of a property unless the property is developed for residential uses in accordance with the AHO.
B. Applicability. The AHO shall apply to any underlying zone dis trict to support Housi ng Element programs as designated on the Zoning Map on file at the Community Development Department.
For any housing pr oject developed in accordance with this section, these standards sha ll apply instead of those in the underlying bas e zone district. A pro perty owner may elect to continue to use the site consistent with the underlying zoning district, in which case the applicable underlying district standards will apply.
C. Permitted Uses.
Uses permitted in the AHO shall be as follows:
1. Multiple dwellings and dwelling groups;
2. Condominiums shall be allowed in accordance with the standards allowed in Chapter 17.66.
3. Accessory dwelling units pursuant to the provisions of Section 17.42.040; and
4. Home Occupations pursuant to Section 17.42.110.
D. Application and Review
1. Administrative approval shall be given to residential d evelopment projects that comply with all the requirements of this section. The following process will be f ollowed when an AHO application is filed:
a. Form of Application. An application for a proj ect approval shall be completed on a form provided by the planning department.
3 Ordinance No. 2023-01
Page Four
b. Administrative Approval. Administrative approval is ministerial in nature and is conducted at the staff leve l under the general direction of the community development director without notice or hearing. A community meeting prior to filing an application is encouraged but not required. Approval shall be granted by the planning department only when the permit appl ication contains sufficient information for the planning department to verify that the proposed use will be consi stent with the standards outlined in this subsection. No building, grading or other construction permit shall be issued by the responsible department until the administrative approval process has been conducted b y the planning department. Projects that co mply with the requirements shall be permitted by right. Compliance with the requirements of this section shall not, however, waive any additional requirements for compliance such as an applic ation for a lot line a djustment, merger of parcels, or subdivisio n in conjunction with approval of an application. A separate application for the lot line adjustment, merger of parcels, or appropriate subdivision map shall proceed in accordance with Title 16. c. Approval. The com munity development director shall approve a ny application if it complies with all requirements of this Section.
d. Notice of Decision. A notice of decision shall be sent to both the applica nt and the applicant's representative (as shown on the application) via first class mail and postage prepaid or email and shall be provided via either of those methods to any person who ha s made a written request for a copy of the decision. The decision of the community development director shall be final and conclusive.
e. Expiration of Administrative Review. Within two (2) years of the date of approval by the community development director, commencement of construction shall have occurred or the approval sha ll become null and void. A one -year extension may be granted by the community development director for good cau se if the project is compl iant with the original approval.
E. General Regulations
1. Relationship to State Density Bonus Law.
a. An application for a pr oject pursuant to this section may apply for a density bonus in accordance with California Government Code Section 65915, as may be amended. At the discretion of the applicant , the incenti ves provided pursuant to the AHO may be combined with the incentives provided pursuant to state density bonus law. b. Illustrative calculati on. By way of example, for illustrative p urposes only, where a proposed site consists of .5 acre of land and is propos ed to be developed with a total of fifteen (15) dwelling units, the base density, affordable unit distribution and density bonus under State Density Bonus Law (if requested) would be calculated as follows:
Base density 30 dwelling units/acre
12% restriction 2 very low income units
State Density Bonus Law Additional 38.8% for
12% restriction
Additional units with
Density Bonus
5.82 = 6
Total units for project 21
4 Ordinance No. 2023-
Page Five
c. In calculating the required number of units, fractional units of 0.50 or above shall be rounded up to a whole unit.
2. Relationship to inclusionary housing ordina nce. Inclusionary housing in conformance with the General Plan Housing Element and Section 17.48.030 shall be provided for all residential developments or projects. Inclusionary requiremen ts must be met when twenty (20) units are proposed notwithstanding units from a density bonus.
F. Development Standards
1. Density.
a. Each lot or parcel of land shall have a minimum residential density of thirty (30) dwelling units per acre . Maximum density for t he development shall be thirty -five (35) dwelling units per acre, ex cept for projects proposed along Reservation Ro ad or Del Monte Boulevard, which shall be a maximum fifty (50) dwelling units per acre. b. Affordable Housing Requirement
i. Either twelve percent (12%) of the development shall be dedicated to very low income house holds or fifteen percent (15%) shall be dedicat ed to low income households. This is the minimum requirement in order to receive the benefits of the overlay policy.
ii. Prior to issuance of bu ilding permits, applicant shall execute an agreement with the City, to be executed by the city manager without revie w by the planning commission or city coun cil, in a form acceptable to the city attorney ensuring the continued affordability of the affordab le dwelling units for a period of not less than fifty-five (55) years. This agreement shall be recorded with the County Recorder.
2. Projects seeking approval pursuant to this section shall be subject to the following development standards:
a. Total Open Spac e R equired. The minimum area of open space required for the development shall be a total of fifteen percent (15%) fo r sites one (1) acre or greater and ten percent (10%) for sites less than one (1) acre. A portion of all of the required usable open space s hall be private as provided by this section; otherwise it shall be shar ed in common.
i. Private Open Space. A minimum of eighty (80) square feet for ground floor units and forty (40) square feet for units located on second levels and above. ii. Common Open Space. Common open space shall average at least twenty-five (25) feet in width and at no time may be less than ten (10) feet in width. b. Building Height. Maximum building height for residential buildings shall be 42 feet, except for projects proposed along Reservation Road or Del Monte Boulevard, which shall be forty-eight (48) feet.
c. Minimum Building Site Area. Building site area shall be a minimum of 6,000 square feet.
5 Ordinance No. 2023-01
Page Six
d. Site Coverage. No requirement.
e. Setbacks
i. Front yard . Minimum front y ard setback shall be ten (10) feet. The front yard shall be measured fr om the front property line or the edge of eas ement for the private roadway, whichever is less. A maximum front yard setback shall be twenty-five (25) feet for Del Monte Road or Reservation Road. ii. Side yard, Minimum side yard setback shall be five (5) feet, or ten (10) feet if adjacent to side street.
iii. Rear yard. Minimum rear yard setback shall be five (5) feet , or ten (10) feet if adjacent to side street.
f. Parking. Parking re quirements for residential uses permitted under this section shall be a llowed in accordance with Table 1 below. Wher e the residential par king standards in Chapter 17.44.020 may differ, the provisions of this section shall supersede other provisions of the code.
Table 1 Reduced Parking Standards for Qualifying AHO Developments Bedroom Count Base Parking
Standards
Modified Parking Standards for
Qualifying Housing Overlay
Developments
Studio 1 space/dwelling unit 1 space/dwelling unit
1 bedroom 2 spaces/dwelling unit 1.5 spaces/dwelling unit 2-3 bedroom 2 spaces/dwelling unit 1.5 spaces/dwelling unit Guest spaces None required None required
3. Design Standards:
a. Height transitions from adjacent properties. Any portion of a building within twenty (20) feet of the R-1, R-2, or R-3 zone district shall be limited to thirty-five (35) feet in height. b. Building orientation. All new or modified buildings shall orient the primary façade to the primary street. Secondary facades shall front side or rear yards. For co rner buildings, primary facades shall front both primary streets.
c. Entry feature. Porch, stoop, terrace, forecourt, or similar entry features are required for all shared residential entrances. Individual entrances to ground floor units must incorporate a porch, stoop, terrace, walled garden space or private deck.
d. Facade composition. Building facades shall be arra nged in an orderly co mposition of bays, defined by vertically aligned openings alternating horizonta lly with solid walls or columns. The pat tern sh all be visually expressed through the spacing of openings, recesses, eaves, cornices, overhangs, trellises, exposed rafters, columns, or bay windows.
6 Ordinance No. 2023-01
Page Seven
e. Windows. Upper story windows shall be recessed from the wall surface by a minimum or 2” or shall have surface trim and sills.
f. Building articulation.
i. Blank wal ls without windows, doors, or other articulat ion are prohibited. T he maximum length of any blank wall shall be limited to twenty (20) feet. ii. Elements such as roof dormers, hips, ga bles, balconies, wall projections and porches are required to break up the mass of building facades. Not less than 40% of the length of a building façade shall be treated with such elements. End units shall have the same design elements as front facades. U narticulated and windowless walls are not allowed.
g. Parking location. Surface parking lots and garages shall be locat ed to the side or rea r of buildings or in basements and not adjacent to public roadways. Surface par king shall be prohibited within the fron t 2 5% o f the lot depth. Structured parking shall be screened from the primary frontage.
h. Mechanical and utility equi pment. Mechanical and utility equipment (e.g., heating, cooling, antennas, satellite dishes, air con ditioners, transformers, electric and ga s meters, junction boxes, or similar equipment) shall be concealed with landscaping, walls, or fencing or if roof mounted, with mechanical screens or roof wells. i. Primary pedestrian access . Primary pedestrian access t o building lobbies shall be provided along the sidewalk or permitted open spaces. Parcels longer than 300 feet shall be developed with a mid -block pedestria n paseo or open space . Where paseos are utilized, the placement shall emphasize connectivity to othe r paseos, alleys, or mid-block crossings. Pedestrian paseos may be no less than fifteen (15) feet wide. j. Privacy.
i. Projects within ten ( 10) feet of existi ng buildings along th e interior property lines shall reduce direct views into the adjacent building by offsetting or staggering windows and upper story balconies and decks by a minimum of one (1) foot so there is no direct line of sight into the existing building’s windows, balconies, or decks. ii. Balconies, roof decks and other habitable outdoor space are not allowed on upper - story facades directly adjacent to R-1 zones.
G. Incentives. Applications meeting the p urpose and applicability of the AHO will qual ify for one of several incentive options for the creation of housing. The following development ince ntives are available to qualifying residential developments:
1. Waived, reduced, or deferred planning, plan check or construction permit fees;
2. Deferment of cit y generated construct ion and impact fees until project completion or occupancy; or
3. Payment of constr uction and impact fee over a twelve (12) month or longer period after project completion.
H. Design. Development in any specific plan area shall be subject to the architectural control process identified in that specific plan.
7 Ordinance No. 2023-01
Page Eight
SECTION 4. General Plan Ame ndment. Section 2.28 the Marina General Plan is hereby amended to read as follows (additions shown in italicized, underlined text):
Accommodating Future Housing Needs
2.28 Under California law, each community also has the responsibility to provide housi ng affordable to all income groups. The California Department of Housing and Community Development assigns a share of what it projects to be the statewide housing need to each region in the state. In the Monterey Bay area, AMBAG then allocates the region’s statewide share to local jurisdictions through its Regional Housing Needs Plan. These housing targets are subsequently incorporated into the jurisdictions’ general plans throug h updates of their housing elements. Through implementation of its Housing Elem ent policies and programs, Marina will c ontinue to enhance the local supply of affordable housing and meet the housing needs of special -needs populations. The City of Marina may meet its Regional Housing Needs Allocation through the development of Housing Opportunity Sites as shown in Table 2.3 of the Marina General Plan . Additional RHNA capacity shall also be achieved through the implementation of an Affordable Housing Overlay per the sites listed below:
Additional Housing Opportunity Site Designations
Site Address or Street APN Gross Acres General Plan Land Use Additional Designation 355 Reservation Rd 032121018000 1.00 CI-OR Housing Opportunity Site 383 Reservation Rd 032121020000 1.00 CI-OR Housing Opportunity Site Reservation Rd 032121024000 1.00 CI-RPS Housing Opportunity Site 435 Reservation Rd 032121042000 1.60 CI-OR Housing Opportunity Site 432 Reservation Rd 032141029000 0.70 CI-VS Housing Opportunity Site 432 Reservation Rd 032141030000 0.20 CI-VS Housing Opportunity Site 205 Mortimer Ln 032192051000 1.20 CI-RPS Housing Opportunity Site 271 Carmel Ave 032201003000 1.00 CI-MU Housing Opportunity Site 273 Carmel Ave 032201004000 2.00 CI-MU Housing Opportunity Site 283 Carmel Ave 032201005000 1.90 CI-MU Housing Opportunity Site 271 Carmel Ave. 032201031000 0.17 CI-MU Housing Opportunity Site 3102 Crescent Ave 032212016000 0.22 R-MF Housing Opportunity Site 3080 Sunset Ave 032291053000 0.28 R-MF Housing Opportunity Site 3078 Sunset Ave 032291054000 0.27 R-MF Housing Opportunity Site 3070 Del Monte Blvd 032303015000 0.35 CI-RPS Housing Opportunity Site 3074 Del Monte Blvd 032303039000 0.52 CI-RPS Housing Opportunity Site 3038 Del Monte Blvd 032312014000 0.60 CI-RPS Housing Opportunity Site 219 Reindollar Ave 032312019000 0.40 I-LISC Housing Opportunity Site 213 Reindollar Ave 032312032000 0.40 I-LISC Housing Opportunity Site 3006 Hwy 1 032421014000 4.80 I-LISC Housing Opportunity Site 327 Reservation Rd 032121025000 0.69 CI-RPS Housing Opportunity Site 337 Reservation Rd 032121006000 0.52 CI-OR Housing Opportunity Site 365 Reservation Rd 032121019000 1.03 CI-OR Housing Opportunity Site
8 Ordinance No. 2023-01
Page Nine
SECTION 5. Severability. If any section, subsection, clause or ph rase of this Ordinance is for any reason held to be invalid, such decision shal l not affect the validity of the remaini ng portions of this Ordinance. The City Council hereby declares th at it would have adopted the Ordinance and each section, subsection, s entence, clause, or phrase thereof, irrespective of the fact that any one or mo re sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 6. Implementation. The City Manage r is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 7. Effective Date . This Ordinan ce shall be in full forc e and effect thirty (30 ) days after its final passage and adoption.
I HEREBY CERT IFY that the foregoing is a true and correct copy of a Ordinance passed and adopted by the City Council of the City of Marina at a meeting thereof on February 7, 2023 by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
__________________________
Bruce Delgado, Mayor
ATTEST:
____________________________
Anita Sharp, Deputy City Clerk
9 EXHIBIT A- FINDINGS
Affordable Housing Overlay
California Environmental Quality Act Findings
With regard to environmental review, the City Council for the City of Marina (City) has independently reviewed, ana lyzed and considered the Mitig ated Negative Declaratio n (MND) and Mitigation Monitoring and Reporting Plan (MMRP) and the whole record before it (including the Initial Study and any comm ents received) and based on the foregoing, the City Council hereby finds that all environmental impa cts of the Project with mitigation measures are below a level of significance and there is no substantia l evidence supporting a fair argument that the Project will have a significant effect on the environment.
The City Counci l finds the MND and MMRP have been completed in compli ance with CEQA and consistent with the State of California Guidelines for the Implementation of the California Environmental Quality Act. The City hereby approves and adopts the MND, which is hereby attached to this Ordinance as Attachment 4. In accordance with Public Resources Code section 21081.6, the City Council hereby adopts the MMRP, which is hereby attached to this Ordinance as Attachment 5.
Zoning Code Amendment Findings
Pursuant to Section 17.72 .010 of the Marina Municipal C ode the Zoning Code or Zoning Districts can be modified if doing so i f findings of fact can be made that doing so is for the public necessity and convenience and for the general welfare of the City.
If adopted by the City Co uncil, the Affordable Housing Overlay will assist the City in becoming complaint with the Regional Housing Needs Allocation (RHNA) as distributed by the Association of Monterey Bay Area Governments (AMBAG) in support of the Housing Element Fourth and Fift h Cycles. Implementing this overlay is needed to ensure compliance with state law and for the general welfare of the City so it can mai ntain local land use control of development projects moving forward.
General Plan Consistency Findings
Under the provisions of Section 2.28 of the Marina General Plan, the City is mandated to provide housing affordable to all income groups. By adopting the Affordable Housing Overlay the City will ensure compliance with this general plan policy by providing selected sites that can receive a streamlined review process for development projects ensuring housing for all segments of the Marina population.
10 February 7, 2023 Item No: 10m(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 7, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPOINTING FOUR PERSONS TO THE TREE COMMITTEE WITH
TWO PLANNING COMMISSIONERS
REQUEST:
It is requested that City Council consider:
1. Adopting Resolution No. 2023-, appointment four people to the Tree Committee.
BACKGROUND:
At the regular meeting of August 16, 2022, the City Council adopted Ordinance 2022-109 directing staff to reconstitute the Tree Committee. From September to October the Deputy City Clerk, Anita Shepard Sharp, sent out recruitment information to Marina residents. On November 21 st and December 5th interviews were conducted by the Planning Commission Chair, Vice Chair and the Community Development Director. On January 12, 2022 the Planning Commission reviewed the candidates and recommend that the City Council appoint the following individuals to the Tree Committee for one year terms with two Planning Commissioners, one as a member of the body and the other as an alternate:
• Greg Simmons
• Jeff Markham
• Judith Elvira
• Jackie Gardner
• Planning Commissioner Member, Richard St. John
• Planning Commissioner, Audra Walton
If appointed, the Community Development Department will organize a training session with the City Attorney to discuss the Brown Act, recent housing legislation that impacts the review of tree removal permits, annual filings required by the Fair Political Practices Commission (FPPC), and conduct of committee members.
FISCAL IMPACT: None.
CONCLUSION:
This request is submitted to City Council consideration and possible action.
Respectfully submitted:
________________________
Guido F. Persicone, AICP,
Community Development Director
City of Marina
_____________________________
Layne P. Long
City Manager
City of Marina
1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING PUBLIC APPOINTMENT TO THE TREE COMMITTEE
WHEREAS, the City Council adopted Resolution 2022 -109, directing city staff to reconstitute the Tree Committee; and
WHEREAS, the Planning Commission Chair and Vice-Chair held interviews with the applicants and recommended four individuals: and,
WHEREAS, on January 12, 2022, the Planning Commission accepted the recommendation of the Chair and Vice Chair and recommends that the City Council approve the appointment to the Tree Committee.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby approve the public appointment of for a period of one (1) year from the date of this resolution:
• Greg Simmons
• Jeff Markham
• Judith Elvira
• Jackie Gardner
• Planning Commissioner Member, Richard St. John
• Planning Commissioner, Audra Walton
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of February 2023, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
_________________________
Bruce C. Delgado, Mayor
ATTEST:
___________________________
Anita Sharp, Deputy City Clerk
2 Continued from January 18, 2023
January 11, 2023 Item No. 11a
Members of the Marina City Council Meeting
City Council of February 7, 2023
THE CITY COUNCIL OF THE CITY OF MARINA READ BY TITLE ONLY AND APPROVE THE FIRST READING O F ORDINANCE 202 3-, AMENDING TITLE 17 (ZONING ORDINANCE) OF THE MARINA MUNICIPAL CODE AND ADD SECTION 2.37.1 TO THE GENERAL PLAN IN RESPONSE TO SENATE BILL 478. THIS STATE LAW ENCOURAGES THE ADOPTION OF POLICIES THAT SUPPORT MISSING MIDDLE HOUSING PROJECTS. THE PROPOSED AMENDMENTS ARE EXE MPT FROM CEQA PER SECTION 15061(B)(3) OF THE CEQA GUIDELINES.
REQUEST: It is requested that the Marina City Council:
1. Read by title only and waive further reading and approve the first reading of Ordinance 2023-, approving an a mendment to Sections 17.16 ( CR Z oning District), 17.18 (C -1 Zoning District), and 17.22 (PC Zoning District) of the Marina Municipal Code; and
2. Adopt a Resolution to add Section 2.37.1 to the General Plan; and
3. Find the action exempt from CEQA pursuant t o Se ction 15061(b)(3) of the CEQA Guidelines.
BACKGROUND:
New State Laws Impacting Local Planning & Development
Over the past several legis lative sessions, the state legislature has approved , and both Governors Brown and Newsom have signed , laws altering housing policy in California. While several bills in the most recent legislative session are acutely impactful to local governments (SB 8, S B 9, SB 10, and SB 478), these laws build on prior legislation. Together, these laws create a complex regulatory web aimed at increasing housing p roduction in the state to meet the housing needs of the state’s current and future residents. This web impacts local governments significantly.
Among other things, these complex laws constrain the City of Marina’s (City) ability to implement subjective design standards, proscribes processing timelines, indicates certain projects are ministerial, and provides som e development standards for certain projects. Further, the web of policies work together to limit a local governme nt’s ability to deny certain typ es of housing projects. To prepare for the impacts in Marina, staff recommends the City Council adopt policies to ensure the City can limit negative impacts the laws may have on development and neighborhoods in Marina.
Of the laws from the most recent leg islative session, SB 478 is the focus of this report. This law became effective January 1, 2022.
SB 478 (Wiener): Planning and Zoning Law: Housing Development The new law applies to housing development projects located in a multifamily residential zone or a mixed-use zone. For the City , this could apply to several commercial districts that allow residential and commercial uses.
1 The law prohibits the City from the following:
• Imposing a Floor Area Ratio (FAR) standard tha t is less than 1.0 :1 on a housin g development project that consists of three to seven units, or less than 1.25:1 on a housing development project that consists of eight to ten units.
• Imposing lot coverage requirements that would physically pre clude a housi ng development project from achieving the FARs described above.
• Denying a housing development project located on an existing legal parcel sole ly on the basis that the proposed lot area does not meet the City’s requirements for minimum lot size.
Lot (or Site) Coverage and Floor Area Ratio
The terms “lot coverage” (or “site coverage” as used in the Marina Municipal Code (MMC)) and FAR can sometimes be confusi ng to decision -makers when evaluating projects. See below for definitions that may be of assistance.
Section 17.04.615 of the MMC d efines Site coverage as the percent of the site area covered by principal and accessory buildings.
Floor Area Ratio (FAR) is described in the General Plan (Section 1.13) as the ratio between the square footage of enclosed b uilding space and the square foo tage of the site . Floor area ratios are given as numerical ratios. Thus, a FAR of 0.5 indicates that the per mitted enclosed floor area of a building is equal to one-half the square footage of the parcel on which it is loca ted. An FAR of 1.0, therefore, indicates that a building may have a total floor area equal to the total square footage of its site. This means that 1.0:1 ratio would allow a one-acre parcel (43,560 square feet =1 acre) to have 43,560 square feet of building and a 1.25:1 ratio would allow 54,450 square feet of building. The building area allotted can be const ructed over the horizontal area of the lot or can be accomplished by adding floor area vertically as additional stories (see illustration below).
ANALYSIS:
On December 8, 2023, t he Planning Commission held a public hearing to review the proposed amendments to the City ’s Zoning Ordnance and General Plan. T he Planning Commission unanimously recommended that the City Council approve the amendments.
2 In accordance with the Planning Commission recommendation, staff recomm ends adopting into the City’s General Plan and MMC the standards of SB 478 which addresses permissible increases to Floor Area Ratios . These requirements are straight-forward and may be referenced in the attached resolution and draft ordina nce. The change in state law could result in increased applications for housing developments of this size.
CORRESPONDENCE
No applicable correspondence to this project has been received as of January 4, 2023.
FISCAL IMPACT:
The adoption of this ordinance and resolution will have no impact on the City’s General Fund.
ENVIRONMENTAL DETERMINATION
The proposed project is exe mpt from the California Environmental Quality Act (CEQA) under Section 15061(b) (3) of the State CEQA Guidelines . Staff has determined that the exemption applies in this case because the General Plan and Municipal Code Amendments simply reflect pre-emptive state law effective January 1, 2022.
CONCLUSION
This request is submitted for City Council consideration.
Respectfully submitted,
Christy Hopper, Planning Services Manager
Community Development Department
City of Marina
REVIEWED/CONCUR:
Guido Persicone, AICP
Community Development Director
City of Marina
__________________________
Layne Long
City Manager
City of Marina
Draft Resolution with Draft Ordinance as “Exhibit 1” Attached Draft Resolution amending Marina General Plan
3 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA ADOPTING AN ORDINANCE TO AMEND SECTI ONS 17.16 (CR ZONING DISTRICT), AND
17.18 (C-1 ZONING DISTRICT), 17.22 (PC ZON ING DISTRICT) OF THE MARINA MUNICIPAL CODE IN RESPONSE TO SENATE BILL 478 . THE ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQ A GUIDELINES.
WHEREAS, through Senate Bill 478 (SB 478) the legislature of the Stat e of California adopted regulations applicable to housing development projects located in a multifamily residential zone or a mixed-use zone; and
WHEREAS, updates to the C ity of Marina ( City) Municipal Code (MMC) are necessary to bring regulations for housing development project s located in a multifamily residenti al zone or a mixed - use zone into compliance with State law; and
WHEREAS, the proposed draft ordinance is included and referenced herein as “Exhibit” 1; and
WHEREAS, the Planning Commission reviewed these items at a dul y noticed public hearing on December 8, 2022 and recommended City Council approval of the amendments; and
WHEREAS, the proposed amendment to the Municipal Code addresses permissible increases to Floor Area Ratios; and
WHEREAS, the City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA), that the proposed amendments are not subject to CEQA pursuant to th e CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3), because the proposed ordinance(s) are covered by the ge neral rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Marina does hereby:
1. Read by title only and waive fur ther reading an d approve the first reading of Ordinance 2023 -, approving amendments to Sections 17.16 ( CR Zoning District),
17.18 ( C-1 Zoning District), and 17.22 ( PC Zoning District) of the Marina Municipal Code; and
2. Find the acti on is exempt from CEQA pursuant to Secti on 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of February 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
4 DRAFT “Exhibit 1”
ORDINANCE NO. 2023-
AN ORDINANCE AMENDING TITLE 17, ARTICLE 2 (SECTIONS 17.16, 17.18, AND 17.22) OF THE MARINA MUNICIPAL CODE
-oOo-
Findings
1. On September 16, 2021, Governor Newsom signed into law Sen ate Bill 478 (SB 478), which requires, among other th ings, that local agencies provide specified minimum floor area ratios for housing development projects containing 3 to 10 dwelling units. This legislation is codified in Government Code §65585 and §65913.11.
2. An amendm ent to the City’s Municipal Co de (“MMC” or “Code”) is needed to ensure compliance with State law.
3. Sections 17.16 (CR Zoning District), 17.18 (C -1 Zoning District), and
17.22 (PC Zoning District) are amended to add language to allow increased maximum floor area ratios for certain housing development projects.
4. Environmental. In accordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not subject to CEQA pursuant to the State CEQA Guidelines, California Code of R egulations, Title 14, Chapter 3, Section 15061(b)(3), because the proposed ordinance is cover ed by the gener al rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
5 DRAFT
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. Amendment of the Code.
New section 17.16.190, Increased Floor Area Ratio for Housing Developments of 3-10 Units, is added to MMC Chapter 17.16, C-R OR COMMERCIAL/MULTIPLE-FAMILY RESIDENTIAL DISTRICT, as follows:
17.16.190 Increased Floor Area Ratio for Housing Developments of 3‐10 Units A housing development project, as defined in California Government Code Section 65589.5, that is in the C-R Zoning District shall be allowed to increase its FAR as follows:
A. A housing development project of three to seven units shall have a minimum FAR of
1.0:1.
B. A housing development project of eight to ten units shall have a minimum FAR of
1.25:1.
C. This section shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the City’s historic inventory.
6 DRAFT
New section 17.18.140, Increased Floor Area Ratio for Housing Developments of 3-10 Units, is added to MMC Chapter 17.18, C-1 OR RETAIL BUSINESS DISTRICT, as follows:
17.18.140 Increased Floor Area for Housing Developments of 3‐10 Units A housing development project, as defined in California Government Code Section 65589.5, that is in the C-1 Zoning District shall be allowed to increase its FAR as follows:
A. A housing development project of three to seven units shall have a minimum FAR of
1.0:1.
B. A housing development project of eight to ten units shall have a minimum FAR of
1.25:1.
C. This section shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the City’s historic inventory.
New section 17.22.150, Increased Floor Area Ratio for Housing Developments of 3-10 Units, is added to MMC Chapter 17.22, PC OR PLANNED COMMERCIAL DISTRICT, as follows:
17.22.150 Increased Floor Area for Housing Developments of 3‐10 Units A housing development project, as defined in California Government Code Section 65589.5, that is in the PC Zoning District shall be allowed to increase its FAR as follows:
A. A housing development project of three to seven units shall have a minimum FAR of 1.0:1.
7 DRAFT
B. A housing development project of eight to ten units shall have a minimum FAR of
1.25:1.
C. This section shall not apply within a historic district or property included on the State Historic Resources Inventory, as defined in California Public Resources Code Section 5020.1, or within a site that is designated or listed on the City’s historic inventory.
SECTION 3 . Severability. If any portion of this Ordinan ce is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.
SECTION 4. Effective Date. This Ordinance shall be in full forc e and effect on thirty (30) days after its final passage and adoption and shall be posted within fifteen (15) days after the adoption.
The foregoing Ordinance was introduced at a regu lar meeting of the City Council of the City of Marina duly held on February 7, 2023, and was passed and adopted at a regular meeting duly held on , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
8 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
ADOPTING A GENERAL PLAN AMENDMENT TO ADD SECTION 2.37.1 TO THE MARINA GENERAL PLAN . THE ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQA
GUIDELINES.
WHEREAS, through Senate Bill 478 (SB 478) the legislature of the Stat e of California adopted regulations applicable to housi ng development projects located in a multifamily residential zone or a mixed-use zone; and
WHEREAS, updates to the City of Marina (“C ity”) General Plan are necessary to bring regulations for housing de velopment projects locate d in a multifamily residential zone or a mixed-use zone into compliance with State law; and
WHEREAS, the following new section is hereby added to General Plan:
2.37.1 Notwithstanding limitations on Floor Area Ratio (FAR) set forth in the General Plan, housing development projects as de fined in paragraph (2) of subdivision (h) of Section 65589.5 of the California Government Code , as may be amended, shall be allowed to increase its FAR as follows:
1. A housing development project of th ree to seven units shall have a minimum FAR of 1.0:1.
2. A housing development project of eight to ten units shall have a minimum FAR of 1.25:1.
3. This bonus shall not apply within a historic district or property included on the State Historic Resources Invent ory, as defined in Section 5020.1 of the California Public Resources Code , or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
4. For mixed use development, total mixed use FAR shall be increased to the extent necessary to accommodate a non -residential floor area ratio of
0.4:1 for retail and retail-like uses only.
WHEREAS, the Planning Commission reviewed these items at a duly noticed public hearing on December 8, 2022 and recommended City Council approve the amendment; and WHEREAS, the proposed amendment to the General Plan addresses permissible increases to Floor Area Ratios; and
WHEREAS, the City Council finds and de termines, in accordance with the California Environmental Quality Act (CEQA), that the proposed am endments are not subject to CEQA pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3), because the propos ed ordinance(s) are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
9 Resolution No. 2023-,
Page Two
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Marina does hereby:
1. Adopt Resolution 2023 - adopting a General Plan Amendment to add Section
2.37.1 to the Marina General Plan in response to Senate Bill 478 (SB 478), and
2. Find the action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of January 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
10 February 3, 2023 Item No. 12a
Honorable Mayor and Members City Council Meeting
of the Marina City Council/Successor Agency of February 7, 2023
THE CITY COUNCIL OF THE CITY OF MARINA, ACTING AS THE SUCCESSOR
AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY, CONSIDER ADOPTING RESOLUTION NO. 2023-__(SA-MRA),APPROVING THE FORM AND
AUTHORIZING DISTRIBUTION OF PRELIMINARY OFFICIAL STATEMENT S
IN CONNECTION WITH THE OFFERING AND SALE OF TWO SERIES OF TAX
ALLOCATION BONDS BY THE SUCCESSOR AGENCY TO MAKE PAYMENTS
ON AN ENFORCEABLE OBLIGATION, AND APPROVING RELATED
DOCUMENTS AND ACTIONS
REQUEST:
It is requested that the City Council, acting as the Successor Agency of the Form er Marina Redevelopment Agency,
1. Adopt a resolution 2023-__, taking the final actions required to issue tax increment bonds for the Dunes on Monterey Bay project, including approving the form and authorizing distribution of two preliminary official statements in connection with the offering and sale of two series of tax allocation bonds by the Successor Agency to make payments on an enforceable obligation, and approving related documents and actions.
BACKGROUND:
Prior to its dissolution, the Marina Redevelopment Agency (the "Former Agency") entered into a number of agreements with Marina Community Partners, LLC, (the “Developer”) in connection with The Dunes on Monterey Bay project. These Agreements included a Disposition and Development Agreement dated as of May 31, 2005, an Implementation Agreement dated as of September 9, 2006 and a Second Implementation Agreement dated as of August 5, 2008 (collectively, the "DDA"), and a Tax Increment Financing Plan and Agreement dated August 5, 2008 (the "Financing Plan"). In addition, the Former Agency issued two promissory notes each dated August 5, 2008 for the benefit of the Developer. Collectively, the DDA, the Financing Plan and the Promissory Notes are referred to herein as the "Former Agency Obligation". The Former Agency Obligation, which has been placed on the Successor Agency’s Recognized Obl igation Payment Schedules ("ROPS”) and approved by the Oversight Board and the State Department of Finance, committed the Former Agency to make certain payments to the Developer fro m tax increment generated by the Dunes project (in connection with one of the Promissory Notes), and generated by the Dunes and the Sea Haven projects (in connection with the other Promissory Note) and, at the Developer’s request, to issue tax increment bo nds secured by these payments and use the proceeds of the bonds to make lump -sum payments on the Promissory Notes . The Developer has requested that the Successor Agency proceed with bond issuances to make such payments.
Health and Safety Code Section 3417 7.5(a)(4) adopted after the dissolution of redevelopment agencies authorizes a successor agency to a redevelopment agency to issue bonds under enforceable obligations when the enforceable obligations include the irrevocable pledge of property tax increment and the enforceable obligations also include the obligation to issue bonds secured by that pledge. The Former Agency Obliga tion includes such an irrevocable pledge and obligation to issue bonds.
1 The first issuance of bonds occurred in July 2018, with the sale of $13,490,000 of bonds in two series, $6,905,000 in Series A tax -exempt bonds and $6,585,000 in Series B taxable housing bonds. The second issuance of bonds occurred in August 2020 with the sale of $9,740,000 of bonds, again in two series, $4,790,000 in Series A tax-exempt bonds and $4,950,000 in Series B taxable housing bonds.
The Successor Agency approved the issuance of additional bonds (the “Bonds”) in two series to make payments on the Promissory Notes pursuant to Resolution No. 2022-1 (SA-MRA) adopted at the City Council meeting on March 1, 2022. The Oversight Board approved the issuance of the Bonds by the Successor Agency pursuant to Resolution No. 2022-11 adopted at its meeting of March 23, 2022.
As required by State law, the California Department of Financed issued a letter approving the Oversight Board Resolution dated May 16, 2022. Adoption of the resolution transmitted with this report is the final action required by the Successor Agency for approval of the Bond financing.
ANALYSIS:
The Former Agency entered into the DDA with the Developer to undertake a mixed -use development on the former Fort Ord Army base located in the City, which was subsequently amended by the First and Second Implement ation Agreements. The Second Implementation Agreement committed the Former Agency to pay to the Developer certain tax increment revenues generated by the Dunes project as well as the low and moderate-income housing fund tax increment generated by the Sea H aven project (formerly Marina Heights). As part of the Second Implementation Agreement, the Former Agency and the Developer entered into the Financing Plan that specified the terms of the tax increment payments to the Developer. The Financing Plan provides that the Developer may request that the Former Agency issue bonds secured by the tax increment to be otherwise paid to the Developer and that the Former Agency will act reasonably and in good faith to issue such bonds. The Successor Agency has succeeded to the Former Agency's obligations under the DDA and the Financing Plan. The Developer has requested that the Successor Agency issue bonds in accordance with the requirements of the Financing Plan.
City staff assembled a financing team to assist the Successor Agency in meeting its Bond issuance obligations under the Financing Plan , preparing the various documents required for the prior approvals and preparing the additional documentation required for the transaction, the last of which are now submitted to the City Council, as the governing board of the Successor Agency, for its approval. These documents are:
▪ The Official Statements for the Bond issue, one for each series of the Bonds, which are the offering documents distributed to potential investors before Bond pricing as Preliminary Official Statements, and which will be updated as final Official Statements once the Bonds are sold to the underwriter (EXHIBITS B AND C).
▪ The Bond Purchase Agreement, which will set forth the interest rates on each series of the Bonds and provide for Stifel, Nicolaus & Company, Incorporated’s purchase of the Bonds as underwriter under its terms and conditions (EXHIBITS E AND F). ▪ The Continuing Disclosure Certificate s, which set forth certain conti nuing reporting requirements for each series of the Bonds that the Successor Agency must comply with under federal securities law (EXHIBITS G AND H).
2 The Bonds are proposed to be issued in two series to reflect the two separate pledges required by the Former Agency Obligation. The Financing Plan pledged Available Non -Housing Tax Increment which consists, in general, of 80% of the property tax incremental increase generated by the Dunes project, minus the County administrative fees, the statutory pass throughs required by the Health and Safety Code and 10% of the remaining amount retained by the Successor Agency for administrative costs. The Available Non-Housing Tax Increment will be pledged to the Series A Bonds. The Financing Plan also pledged Available Low and Moderate-Income Housing Fund (“LMIHF”) Funds which consists of the tax increment funds that , prior to disso lution, were required to be deposited in the LMIHF of the Former Agency from both the Dunes project and the Sea Haven project, minus 10% of that amount retained by the Successor Agency for administrative costs
Attached to this report as Exhibit A is a projection of the potential Bond proceeds expected from the Bond issuance, based on a number of assumptions. The current projections are that the Bonds would raise approximately $13.2 million which, after setting a side a debt service reserve and accounting for costs of issuance, would generate about $11.4 million for payments to the Developer on the Promissory Notes. The Bonds will have a term of 20 years as required by the Tax Increment Financing Plan and Agreement.
The Bond proceeds will be used to repay the Developer for certain infrastructure costs incurred in the development of the Dunes project as well as costs associated with the development of low and moderate-income housing as part of the Dunes project. The Developer has submitted invoices to the Former Agency and the Successor Agency documenting costs incurred in the amount of $98,717,455 million for infrastructure costs and $23,622,152 for costs related to affordable housing.
Development of 140 new units of affordable housing has commenced on the project and is expected to be complete in 2024. The bond proceeds from the series B bonds will be used to reimburse the Developer for costs associated with the 140 new affordable housing units including allocable infrastructure costs . The Developer has also completed over 400 units of market rate housing, a previously-built 108-unit affordable project, and has commenced deconstruction of the blighted buildings on Phase 3 of the project.
The DDA includes at Section 7.6 language that limits the Developer's right to appeal property tax assessments during the initial five years after issuance of a certificate of completion. Bond Counsel, Quint & Thimmig has advised that the DDA language would require that interest on the bonds be taxable resulting in a higher interest rate on the bonds. The attached resolution includes a waiver of the language at Section 7.6 which is necessary to make the interest on the bonds tax - exempt.
FISCAL IMPACT:
The funds pledged to the payment of the Bonds are the funds that are currently being paid to the Developer pursuant to the DDA and the ROPS. To the extent that the debt service on the Bonds in any year is less than the tax increment pledged to the Developer pursuant to the Financing Plan, the Developer will be entitled to payment of the difference until expiration of the pledge period (pursuant to the Financing Plan and the DDA, 2027 for the LMIHF and 2037 for the Non-Housing Funds. The Bonds will have a term of 20 years which extends beyond the current pledge for the payment of housing tax increment and the non-housing tax increment to the Developer under the Financing Plan and the DDA; however, the DDA and the Financing Plan specifically require that the issuance of bonds with a minimum term of 20 years and provide for the continued payment of the bond debt service after the expiration of the tax increment pledge in the Financing Plan. The 3 taxing entities will continue to receive their statutory pass -through payments as well as the remainder of the property taxes generated by the Former Agency’s redevelopment project areas.
CONCLUSION:
This request is submitted to the Successor Agency to the Marina Redevelopment Agency for consideration and possible action.
Respectfully submitted,
Layne Long
City Manager [and Executive Director]
City of Marina [and Successor Agency of the Marina Redevelopment Agency]
Exhibit A – Estimate Bond Issue Cashflows and Bond Sizing Exhibit B – Successor Agency Tax Allocation Bonds, Series 2023A Preliminary Official Statement
Exhibit C - Successor Agency Tax Allocation Bonds, Series 2023B Preliminary Official Statement
Exhibit D – Fiscal Consultant Report – January 2023
Exhibit E - Successor Agency Tax Allocation Bonds, Series 2023A Bond Purchase Contract Exhibit F - Successor Agency Tax Allocation Bonds, Series 2023B Bond Purchase Contract Exhibit G - Successor Agency Tax Allocation Bonds, Series 2023A Continuing Disclosure Certificate
Exhibit H - Successor Agency Tax Allocation Bonds, Series 2023B Continuing Disclosure Certificate
4 RESOLUTION NO. 2023-__ (SA-MRA)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA, ACTING AS
THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY,
APPROVING THE FORMS AND AUTHORIZING DISTRIBUTION OF
PRELIMINARY OFFICIAL STATEMENTS, APPROVING THE FORMS AND
AUTHORIZING THE EXECUTION OF BOND PURCHASE AGREEMENTS AND
APPROVING THE FORMS AND AUTHORIZING DISTRIBUTION OF CONTINUING
DISCLOSURE CERTIFICATES, IN CONNECTION WITH THE OFFERING AND
SALE OF TWO SERIES OF TAX ALLOCATION BONDS AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO
WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code (unless otherwise noted, all section references hereinafter being to such Code), the Marina Redevelopment Agency (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, the Successor Agency to th e Marina Redevelopment Agency (the “Successor Agency”) has become the successor entity to the Former Agency;
WHEREAS, prior to the dissolution of the Former Agency, the Former Agency entered into a Disposition and Development Agreement, dated as of May 31 , 2005 (the “DDA”), between the Former Agency and Marina Community Partners, LLC (the “Developer”), and in furtherance of certain provisions of the DDA, the Former Agency and the Developer entered into an Implementation Agreement dated as of September 9, 2 006, a Second Implementation Agreement dated as of August 5, 2008 and a Tax Increment Financing Plan and Agreement, dated as of August 5, 2008 (the “Financing Plan,” and together with the DDA, the “Former Agency Obligation”);
WHEREAS, the Former Agency Ob ligation includes an obligation of the Successor Agency to make payments from certain Available Non -Housing Tax Increment Funds for Eligible Project Costs and to make payments from certain Available LMIHF Funds for Eligible LMIHF Costs, as such capitalized terms are defined in the Financing Plan;
WHEREAS, the Former Agency Obligation has been included on Recognized Obligation Payment Schedules prepared for the Successor Agency pursuant to section 34177, and has been recognized by the Successor Agency, the Oversight Board of the Successor Agency to the Marina Redevelopment Agency (the “Oversight Board”), and the California Department of Finance as an “Enforceable Obligation” of the Former Agency, as such term is defined in section 34171(d);
WHEREAS, sectio n 34177.5(a)(4) authorizes the Successor Agency to issue bonds to make payments under enforceable obligations when the enforceable obligations include the irrevocable pledge of property tax increment, formerly tax increment revenues prior to the effective date of section 34177.5, and the enforceable obligations also include the obligation to issue bonds secured by that pledge, and the Former Agency Obligation includes such an irrevocable pledge and obligation to issue bonds;
WHEREAS, pursuant to Section 6 of Part 1 and Section 6 of Part 2 of the Financing Plan, in 2017 the Developer requested that the Successor Agency issue bonds to make payments on the Former Agency Obligation;
5 Resolution No. 2023- (SA-MRA)
Page Two
WHEREAS, in response to the Developer’s request: (a) on October 3, 2017, the governing board Successor Agency adopted Resolution No. 2017 -07 (SA-MRS) approving the issuance of bonds (the “2018 Bonds”) in order to make payments on the Former Agency Obligation; (b) on November 2, 2017, the governing board of the Oversight Board adopted Resolution No. 2017 -08 (OB) approving the issuance of the 2018 Bonds by the Successor Agency (the “2017 OB Resolution”); (c) the State of California Department of Finance deliv ered a letter dated February 9, 2018 to the Successor Agency approving portions of the 2017 OB Resolution, including the portion that approved the issuance of the 2018 Bonds by the Successor Agency; (d) on July 26, 2018, the Successor Agency issued the 2018 Bonds pursuant to an Indenture of Trust, dated as of July 1, 2018 (the “Original Indenture”), between the Successor Agency and MUFG Union Bank, N.A., as trustee (the “Original Trustee”), including the Successor Agency’s Tax Allocation Bonds, Series 2018A (the “2018A Bonds”) in the initial principal amount of $6,905,000 and the Successor Agency’s Housing Tax Allocation Bonds, Series 2018B (the “2018B Bonds”) in the initial principal amount of $6,585,000; and (e) the net proceeds of the 2018A Bonds were use d to reimburse the Developer for Eligible Project Costs and the net proceeds of the 2018B Bonds were used to reimburse the Developer for the Eligible LMIHF Costs, all in satisfaction of portions of the Former Agency Obligation;
WHEREAS, pursuant to Section 6 of Part 1 and Section 6 of Part 2 of the Financing Plan, in 2020 the Developer requested that the Successor Agency issue two new series of bonds to make additional payments on the Former Agency Obligation;
WHEREAS, in response to the Developer’s request: (a) on February 19, 2020, the governing board Successor Agency adopted Resolution No. 2020 -01 (SA-MRS) approving the issuance of bonds (the “2020 Bonds”) in order to make additional payments on the Former Agency Obligation; (b) on February 27, 2020, the governing board of the Consolidated Oversight Board Successor Agency for the County of Monterey, State of California (the “Consolidated Oversight Board”) adopted Resolution No. 2020-10 (OB) approving the issuance of the 2020 Bonds by the Successor Agency (the “2020 OB Resolution”); (c) the State of California Department of Finance delivered a letter dated April 15, 2020 to the Successor Agency approving portions of the 2020 OB Resolution, including the portion that approved the issuance of the 2020 Bonds by the Successor Agency; (d) on September 2, 2020, the Successor Agency issued the 2020 Bonds pursuant to the Original Indenture, as amended and supplemented by a First Supplemental Indenture of Trust, dated as of September 1, 2020 (the “First Supplement”) , between the Successor Agency and the Original Trustee, including the Successor Agency’s Tax Allocation Bonds, Series 2020A (the “2020A Bonds”) in the initial principal amount of $4,790,000 and the Successor Agency’s Housing Tax Allocation Bonds, Series 2 020B (the “2020B Bonds”) in the initial principal amount of $4,950,000; and (e) the net proceeds of the 2020A Bonds were used to reimburse the Developer for Eligible Project Costs and the net proceeds of the 2020B Bonds were used to reimburse the Developer for the Eligible LMIHF Costs, all in satisfaction of portions of the Former Agency Obligation;
WHEREAS, the Developer sent the Successor Agency a request pursuant to Section 6 of Part 1 and Section 6 of Part 2 of the Financing Plan, dated February 8, 202 2, that the Successor Agency issue two new series of bonds to make additional payments on the Former Agency Obligation;
6 Resolution No. 2023- (SA-MRA)
Page Three
WHEREAS, on March 1, 2022, the Successor Agency adopted its Resolution No. 2022 -1 (the “Successor Agency Resolution”) authorizing the issuance of bonds to be secured on a parity with the 2018A Bonds and the 2020A Bonds (the “Successor Agency to the Marina Redevelopment Agency Tax Allocation Bonds, Series 2023A” (the “2023A Bonds”)) and bonds to be secured on a parity with the 2018B Bonds and the 2020B Bonds (the “Successor Agency to the Marina Redevelopment Agency Housing Tax Allocation Bonds, Series 2023B” (the “2023B Bonds”), and, with the 2023A Bonds, the “2023 Bonds”)), each under that certain Indenture of Trust, dated as of July 1, 2018, by and between the Successor Agency and MUFG Union Bank, N.A., as trustee (the “Original Trustee”), as amended by a First Supplemental Indenture of Trust, dated as of September 1, 2020, and by and between the Successor Agency and the Original Trustee, and as further amended by a Second Supplemental Indenture of Trust, to be dated as of March 1, 2023 (together, the “Indenture”), by and between the Successor Agency and the Trustee, and to use the proceeds of the 2023 Bonds to make payments to the Developer under the Former Agency Obligation;
WHEREAS, on March 23, 2022, the Consolidated Oversight Board adopted its Resolution No. 2022-11 making certain determinations described in Successor Agency Resolution, the approving the issuance of the 2023 Bonds pursuant to the Successor Agency Resolution and the Indenture;
WHEREAS, on May 16, 2022, the California Department of Finance provided a letter to the Successor Agency approving the Consolidated Oversight Board resolution;
WHEREAS, the Successor Agency has determined to sell the 2023 Bonds to Stifel, Nicolaus & Company, Incorporated (the “Underwriter”) pursuant to the terms of a bond purchase contract to be entered into by the Successor Agency and the Underwriter; and
WHEREAS, pursuant to section 5852.1 of the California Government Code, which became effective on January 1, 2018 by the enactment of Senate Bill 450, certain good faith estimates relating to the 2023 Bonds is set forth in Exhibit A attached to this Res olution, and such information is hereby disclosed and made public;
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY hereby resolves as follows:
1. Approval of Preliminary Official Statements.
(a) The Successor Agency hereby approves and deems final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 except for permitted omissions, a preliminary official statement describing the 2023A Bonds in the form on file with the Secretary (the “2023A Preliminary Of ficial Statement”). Distribution of the 2023A Preliminary Official Statement by the Underwriter to prospective purchasers of the 2023A Bonds is hereby approved. The Chair, the Vice Chair, the Treasurer or the Executive Director (the “Authorized Officers”) are hereby authorized to execute the final form of an official statement for the 2023A Bonds, including as it may be modified by such additions thereto and changes therein as an Authorized Officer shall deem necessary, desirable or appropriate (the “2023A Final Official Statement”), and the execution of the 2023A Final Official Statement by an Authorized Officer shall be conclusive evidence of the approval of any such additions and changes. The Successor Agency hereby authorizes the distribution of the 2023A Final Official Statement by the Underwriter. The 2023A Final Official Statement shall be executed in the name and on behalf of the Successor Agency by an Authorized Officer. 7 Resolution No. 2023- (SA-MRA)
Page Four
(b) The Successor Agency hereby approves an d deems final within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 except for permitted omissions, a preliminary official statement describing the 2023B Bonds in the form on file with the Secretary (the “2023B Preliminary Official Stat ement”). Distribution of the 2023B Preliminary Official Statement by the Underwriter to prospective purchasers of the 2023B Bonds is hereby approved. The Authorized Officers are hereby authorized to execute the final form of an official statement for the 2023B Bonds, including as it may be modified by such additions thereto and changes therein as an Authorized Officer shall deem necessary, desirable or appropriate (the “2023B Final Official Statement”), and the execution of the 2023B Final Official Statement by an Authorized Officer shall be conclusive evidence of the approval of any such additions and changes. The Successor Agency hereby authorizes the distribution of the 2023B Final Official Statement by the Underwriter. The 2023B Final Official Statement shall be executed in the name and on behalf of the Successor Agency by an Authorized Officer
2. Approval of Bond Purchase Agreements.
(a) A bond purchase agreement relating to the 2023A Bond s, by and between the Underwriter and the Successor Agency, in the for m on file with the Secretary (the “2023A Bond Purchase Agreement”), is hereby approved and any Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to execute and deliver the 2023A Bond Purchase A greement in such form together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the 2023A Bond Purch ase Agreement, so long as the principal amount of the 2023A Bonds does not exceed $4,000,000, the true interest cost of the 2023A Bonds does not exceed 7.50% and the Underwriter’s discount (excluding any original issue discount which does not constitute to the Underwriter) does not exceed 1.75%. The Successor Agency hereby authorizes the delivery and performance of the 2023A Bond Purchase Agreement.
(b) A bond purchase agreement relating to the 2023B Bond s, by and between the Underwriter and the Successor Agen cy, in the form on file with the Secretary (the “2023B Bond Purchase Agreement”), is hereby approved and any Authorized Officer is hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to execute and deliver the 2023B B ond Purchase Agreement in such form together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the 20 23B Bond Purchase Agreement, so long as the principal amount of the 2023B Bonds does not exceed $9,500,000, the true interest cost of the 2023B Bonds does not exceed 7.50% and the Underwriter’s discount (excluding any original issue discount which does not constitute to the Underwriter) does not exceed 1.75%. The Successor Agency hereby authorizes the delivery and performance of the 2023B Bond Purchase Agreement.
8 Resolution No. 2023- (SA-MRA)
Page Five
3. Approval of Continuing Disclosure Certificates.
(a) A continuing disclosure certificate relating to the 2023A Bonds, in the form on file with the Secretary (the “2023A Continuing Disclosure Certificate”), is hereby approved and any Authorized Officer is hereby authorized and directed, for an d in the name and on behalf of the Successor Agency, to execute and deliver the 2023A Continuing Disclosure Certificate in such form together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the 2023A Continuing Disclosure Certificate. The Successor Agency hereby authorizes the delivery and performance of the 2023A Continuing Disclosure Certificate.
(b) A continuing disclosure certificate relating to the 2023B Bonds, in the form on file with the Secretary (the “2023B Continuing Disclosure Certificate”), is hereby approved and any Authorized Officer is hereby authorized and directed, for and in the name and o n behalf of the Successor Agency, to execute and deliver the 2023B Continuing Disclosure Certificate in such form together with such changes therein, deletions therefrom and additions thereto as the Authorized Officer executing the same shall approve, such approval to be conclusively evidenced by the execution and delivery of the 2023B Continuing Disclosure Certificate. The Successor Agency hereby authorizes the delivery and performance of the 2023B Continuing Disclosure Certificate.
4. Waiver of Provision of DDA Regarding Taxes . Section 7.6 of the DDA provides, in part, that “… the Developer agrees that it shall not contest the amount of the assessed valuation on any portion of the Site owned by the Developer in connection with the amount of the assessed value of the Site during the first five (5) years following a Partial Certificate of Completion or Final Certificate of Completion for the applicable portions of the Site” (the “No-Contest Covenant”). Upon the advice of Bond Counsel to the effect that a waiver of the No-Contest Covenant is necessary for the interest on the 2023 Bonds to be excludable from the gross incomes of the owners of the 202 3 Bonds for federal tax purposes, the Successor Agency hereby confirms that it irrevocably waived the No -Contest Covenant in Resolution No. 2018-03 (SA-MRA) adopted on May 1, 2018, and hereby affirms such waiver as it may be applicable to the 2018 Bonds , the 2020 Bonds and the 2023 Bonds. It is acknowledged that the Developer and the owners of the 2023 Bonds will be relying on the foregoing waiver.
5. Official Actions. Any and all officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to do any and all things and take any and all actions, which they, or any of them, may deem necessary or advisable in the issuance, sale and delivery of the 2023 Bonds. Whenever in this Resolution the City Manager is directed to execute any document or take any action, such execution or action may be taken on behalf of the City Manager by any person designated by the City Manager to act on his behalf in the case he is absent or unavailable.
6. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
9 Resolution No. 2023- (SA-MRA)
Page Six
PASSED AND ADOPTED by the City Council of the City of Marina acting as the governing board of the Successor Agency to the Marina Redevelopment Agency at a regular meeting duly held on the 7th day of February 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Bruce C. Delgado, Chair
ATTEST:
Anita Sharp, Board Secretary
10 EXHIBIT A TO RESOLUTION
GOVERNMENT CODE SECTION 5852.1 DISCLOSURE
The following information consists of estimates that have been provided by the Underwriter and the Successor Agency’s municipal advisor as of January 31, 2023, which have been represented to have been provided in good faith:
2023A Bonds
(A) True Interest Cost of the 2023A Bonds: 5.48%
(B) Finance Charges (Costs of Issuance): $140,600
(C) Net Proceeds to be Received for the 2023A Bonds: $3,304,325 (net of finance charges)
(D) Total Payment Amount through Maturity: $6,981,075
The foregoing estimates constitute good faith estimates only.
The principal amount of the 2023A Bonds, the true interest cost of the 2023A Bonds, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the 2023A Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of 2023A Bonds sold being different from the estimated amount used for purposes of such estimates, (c) the actual amortization of the 2023A Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the 2023A Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Successor Agency’s financing plan, or a combination of such factors. The actual date of sale of the 2023A Bonds and the actual principal amount of 2023A Bonds sold will be determined by the Successor Agency based on the timing of the need for proceeds of the 2023A Bonds and other factors. The actual interest rates with respect to the 2023A Bonds will depend on market interest rates at the time of sale thereof.
The actual amortization of the 2023A Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Successor Agency.
11 2023B Bonds
(A) True Interest Cost of the 2023B Bonds: 5.30%
(B) Finance Charges (Costs of Issuance): $339,100
(C) Net Proceeds to be Received for the 2023B Bonds: $8,075,000 (net of finance charges)
(D) Total Payment Amount through Maturity: $15,408,200
The foregoing estimates constitute good faith estimates only.
The principal amount of the 2023B Bonds, the true interest cost of the 2023B Bonds, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the 2023B Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of 2023B Bonds sold being different from the estimated amount used for purposes of such estimates, (c) the actual amortization of the 2023B Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the 2023B Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the Successor Agency’s financing plan, or a combination of such factors. The actual date of sale of the 2023B Bonds and the actual principal amount of 2023B Bonds sold will be determined by the Successor Agency based on the timing of the need for proceeds of the 2023B Bonds and other factors. The actual interest rates with respect to the 2023B Bonds will depend on market interest rates at the time of sale thereof.
The actual amortization of the 2023B Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the Successor Agency.
12 This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securi ties may not be sold nor may offers to buy be accepted prior to the time the Official Statement is d elivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a sol icitation of an offer to buy nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such jurisdiction.
PRELIMINARY OFFICIAL STATEMENT DATED FEBRUARY 8, 2023
NEW ISSUE—BOOK-ENTRY ONLY NOT RATED
In the opinion of Quint & Thimmig LLP, Larkspur, California, Bond Counsel, subject to compliance by the Successor Agency with certain covenants, under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals under the I nternal Revenue Code of 1986, as amended. For tax years beginning after December 31, 2022, interest on the Bonds ma y affect the corporate alternative minimum tax for certain corporations. In addition, in the opinion of Bond Counsel, interest on the Bonds is exemp t from personal income taxation imposed by the State of California. See “TAX MATTERS” herein. $____________*
SUCCESSOR AGENCY TO THE
MARINA REDEVELOPMENT AGENCY
TAX ALLOCATION BONDS, SERIES 2023A
Dated: Date of Delivery Due: September 1, as shown on the inside cover The $____________* Successor Agency to the Marina Redevelopment Agency Tax Allocation Bonds, Series 2023A (the “Bonds”), are being issued by the Successor Agency to the Marina Redevelopment Agency (the “Successor Agency ”) pursuant to the provisions of section 34177.5 of the California Health and Safety Code (the “Law”), a resolution adopted by the Successor Agency on March 1, 2022 , and an Indenture of Trust, dated as of July 1, 2018, by and between the Successor Agency and MUFG Union Bank, N.A. , as trustee (the “Original Trustee”), as amended by a First Supplemental Indenture of Trust, dated as of September 1, 2020, and by and between the Successor Agency and the Original Trustee, and as further amended by a Second Supplemental Indenture of Trust, dated as of March 1, 2023 (together, the “Indenture”), by and between the Successor Agency and U.S. Bank Trust Company, National Association, as successor trustee (the “Trustee”). The Bonds are being issued to (a) make a payment on a Promissory Note and Agreement , dated August 5, 2008, of the former Marina Redevelopment Agency for the benefit of Marina Community Partners, LLC, (b) fund a debt service reserve account for the Bonds, and (c) provide for the costs of issuing the Bonds.
The Bonds will be delivered as fully registered bonds, registered in the name of Cede & Co. as nominee of The Depository Trust Company, New York, New York ( “DTC”), and will be available to ultimate purchasers ( “Beneficial Owners ”) in the denomination of $5,000 or any integral multiple thereof, under the book -entry system maintained by DTC. Beneficial Owners will not be entitled to receive delivery of bonds representing their ownership interest in the Bonds. Principal of, premium i f any, and semiannual interest on the Bonds due on March 1 and September 1 of each year, commencing March 1, 2023, will be payable by the Trustee to DTC for subsequent disbursement to DTC participants, so long as DTC or its nominee remains the registered owner of the Bonds. See “THE BONDS—Description of the Bonds.” The Bonds are subject to optional redemption and mandatory sinking account redemption prior to maturity. See “THE BONDS — Redemption.”
On July 26, 2018, the Successor Agency issued its $6,905,000 T ax Allocation Bonds, Series 2018A (the “2018A Bonds”) and on September 2, 2020, the Successor Agency issued its $4,790,000 Tax Allocation Bonds, Series 2020A (the “2020A Bonds”) , which are secured on a parity with the Bonds under the Indenture to the exten t described herein. The Bonds, the 2018A Bonds and the 2020A Bonds are payable from and secured by a first lien on the Pledged Non-Housing Funds, as defined in the Indenture , derived from the Dunes on Monterey Bay development described herein , and moneys in a Series A Debt Service Fund ( other than Reserve Accounts therein which secure only the 2018A Bonds and the 2020A Bonds ), established under the Indenture. The Bonds are additionally secured by a 2023A Reserve Account provided for in the Indenture . See “SECURITY FOR THE BONDS.” In addition to the Bonds , the 2018A Bonds and the 2020A Bonds , the Successor Agency may issue or incur Parity Debt that is payable from Pledged Non-Housing Funds and amounts in the Series A Debt Service Fund (other than the Reserve Account, the Series 2020A Reserve Account and the 2023A Reserve Account therein) on a parity with the Bonds. See “THE BONDS—Parity Debt” herein.
The Indenture provides for the issuance of the Successor Agency’s Housing Tax Allocation Bonds, Series 2023B (the “2023B Bonds”), in addition to the Bonds. The 2023B Bonds are separately secured under the Indenture, and the 2023B Bonds are payable from certain funds that are not pledged to or available for payment of the Bonds . See “FINANCING PLAN—Related Obligation,” and “SECURITY FOR THE BONDS—2023B Bonds.” This Official Statement pertains only to the Bonds.
The Bonds and interest thereon are not a debt o f the City of Marina, California (the “City”), Monterey County, California (the “County”), the State of California (the “State”) or any of their political subdivisions except the Successor Agency and then only to the extent set forth in the Indenture, and none of the City, the County, the State nor any of their political subdivisions except the Successor Agency is liable thereon. The Bonds and interest thereon are not payable out of any funds or properties other than those pledged to their payment under the Indenture. None of the members of the governing board of the Successor Agency or the Consolidated Oversight Board of the County, or any persons executing the Bonds are liable personally on the Bonds. The Successor Agency has no taxing power .
MATURITY SCHEDULE
(see inside cover)
This cover page and the inside cover page contain information for quick reference only. They are not intended to be a summary of all factors relating to an investment in the Bonds. Investors should review this entire Official Statement before making any investment decision with respect to the Bonds.
The Bonds are offered, when, as and if issued, subject to the approval as to their legality of Quint & Thimmig LLP, Larkspur, California, Bond Counsel to the Successor Agency. Certain legal matters will be passed on for the Successor Agency by Quint & Thimmig LLP acting as Disclosure Counsel to the Successor A gency, and for the Successor Agency by Goldfarb & Lipman LLP, Oakland , California in its capacity as general counsel to the Successor Agency . Certain legal matters will be passed on for the Underwriter by Stradling, Yocca, Carlson & Rauth, a Professional C orporation, Newport Beach, California. It is anticipated that the Bonds will be available for delivery through the facilities of DTC on or about March 2, 2023.
This Official Statement is dated Febr uary __, 2023.
*Preliminary, subject to change.
EXHIBIT B
13 $____________*
SUCCESSOR AGENCY TO THE
MARINA REDEVELOPMENT AGENCY
TAX ALLOCATION BONDS, SERIES 2023A
MATURITY SCHEDULE
$____________ Serial Bonds
Maturity Principal Interest
(September 1) Amount Rate Yield Price CUSIP†
$________ ___% Term Bonds maturing September 1, ____, Price _____, to Yield _____% CUSIP† _____
* Preliminary, subject to change.
† Copyright 2023, American Bankers Association. CUSIP® is a registered trademark of the American Bankers Association.
CUSIP data herein is provided by CUSIP Global Services Bureau, operated by Standard & Poor’s. This data is not intended to create a database and does not serve in any way as a substitute for CUSIP Global Services. CUSIP numbers have been assigned by an independent company not affiliated with the Successor Agency or the Underwriter and are included solely for the convenience of the holders of the Bonds. Neither the Successor A gency nor the Underwriter is responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness on the Bonds or as included herein. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is a pplicable to all or a portion of certain maturities of the Bonds.
EXHIBIT B
14 -i-
SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY
SUCCESSOR AGENCY BOARD OF DIRECTORS*
Bruce Carlos Delgado, Chair/Mayor
Kathy Y. Biala, Councilmember
Cristina Medina Dirksen, Councilmember
Brian McCarthy, Councilmember
Liesbeth Visscher, Councilmember
SUCCESSOR AGENCY/CITY OFFICIALS
Layne Long, City Manager
Juan Lopez, City Finance Director
Anita Sharp, Board Secretary/Deputy City Clerk
PROFESSIONAL SERVICES
Successor Agency General Counsel
Goldfarb & Lipman LLP
Oakland, California
Municipal Advisor
KNN Public Finance, LLC
Berkeley, California
Fiscal Consultant
Keyser Marston Associates, Inc.
Berkeley, California
Bond Counsel and Disclosure Counsel
Quint & Thimmig LLP
Larkspur, California
Trustee
U.S. Bank Trust Company, National Association
San Francisco, California
Dissemination Agent
Applied Best Practices, LLC
Irvine, California
* The City Council of the City of Marina, California, serves as the governing board of the Successor Agency.
EXHIBIT B
15 -ii-
TABLE OF CONTENTS
INTRODUCTION ........................................................................... 1 Authority and Purpose .............................................................. 1 The City, the Former Agency and the Success or Agency ..... 2 The Former Agency Obligation ................................................ 3 The Merged Redevelopment Pr ojects ...................................... 4 Tax Increment Financing ........................................................... 5 Authority to Issue Bonds ........................................................... 5 Security for the Bonds ................................................................ 6 Outstanding Parity Debt ............................................................ 7 Reserve Account .......................................................................... 8 Limited Obligation ...................................................................... 8 Additional Parity Debt ............................................................... 8 Professionals Involved in the Offering .................................... 9 Further Information .................................................................... 9 FINANCING PLAN ..................................................................... 10 The Infrastructure Note ........................................................... 10 Related Obligation .................................................................... 10 Sources and Uses of Funds ...................................................... 11 Debt Service Schedule .............................................................. 12 THE BONDS .................................................................................. 12 Authority for Issuance .............................................................. 12 Description of the Bonds .......................................................... 12 Redemption ................................................................................ 13 THE DISSOLUTION ACT ........................................................... 15 Recognized Obligation Payment Schedules ......................... 16 SECURITY FOR THE Bonds ....................................................... 19 Pledge Under the Indenture .................................................... 19 Pledged Non-Housing Funds; Available Non -Housing
Tax Increment Funds ............................................................ 19 Flow of Funds Under the Indenture ...................................... 21 Reserve Account ........................................................................ 24 Limited Obligation .................................................................... 25 Recognized Obligation Payment Schedules ......................... 25 County Administrative Fees ................................................... 26 Pass-Through Payments .......................................................... 26 The 2000 Bonds .......................................................................... 28 Parity Debt ................................................................................. 28 Series B Bonds ............................................................................ 30 PROPERTY TAXATION IN CALIFORNIA ............................. 30 Property Tax Collection Procedures ...................................... 30 Unitary Property ....................................................................... 32 Article XIIIA of the State Constitution ................................... 33 Appropriations Limitation—Article XIIIB ............................ 34 Proposition 87 ............................................................................ 34 Appeals of Assessed Values .................................................... 34 Propositions 218 and 26 ........................................................... 35 Future Initiatives ....................................................................... 35
THE SUCCESSOR AGENCY TO THE MARINA
REDEVELOPMENT AGENCY ............................................. 36 Successor Agency Powers ........................................................ 36 Status of Compliance with Dissolution Act .......................... 36 Plan Limits ................................................................................. 36
THE DUNES PORTION OF THE MERGED PROJECT
AREAS ...................................................................................... 38 Land Use ..................................................................................... 40 Historical Assessed Values ...................................................... 41 Largest Taxpayers ..................................................................... 42 Historic and Estimated Pledged Non -Housing Funds ........ 44 Assessment Appeals ................................................................ . 45 New Development .................................................................... 48 Projected Pledged Non-Housing Funds and Estimated
Debt Service Coverage .......................................................... 49 THE DUNES DEVELOPMENT .................................................. 51 Overview .................................................................................... 51 Multiple Use/Urban Design .................................................... 51 Village Center ............................................................................ 51 Retail Nodes ............................................................................... 52 Office/Research and Development/Light Industrial .......... 52 Arts District ................................................................................ 52 Residential .................................................................................. 53 Parks, Open Space, Pedestrian and Bicycle Connections .... 53 Entitlements ............................................................................... 53 Environmental Conditions ....................................................... 54 Development Program/Phasing ............................................. 58 Development/Construction Completed to Date .................. 60 Future Development ................................................................ . 60 The Developer ............................................................................ 61 RISK FACTORS ............................................................................. 62 Limited Source of Funds to Repay Bonds .............................. 62 Recognized Obligation Payment Schedule ............................ 62 Challenges to Dissolution Act ................................................. 64 Reduction in Taxable Value ..................................................... 64 Limitations on Remedies .......................................................... 65 Risks to Real Estate Market ...................................................... 65 Concentration of Property Ownership ................................... 66 Reduction in Inflationary Rate ................................................ 66 Future Land Use Regulations and Growth Control
Initiatives ................................................................................. 66 Assessment Appeals ................................................................ . 66 Levy and Collection of Taxes ................................................... 67 Bankruptcy and Foreclosure .................................................... 67 Estimated Revenues .................................................................. 67 Seismic Factors and Flooding .................................................. 68 Hazardous Substances .............................................................. 68 COVID-19 Pandemic ................................................................ . 68 Cybersecurity ............................................................................. 69 Changes in the Law ................................................................... 69 Loss of Tax-Exemption ............................................................. 69 Secondary Market ...................................................................... 69 TAX MATTERS ............................................................................. 70 UNDERWRITING ......................................................................... 72 MUNICIPAL ADVISOR .............................................................. 72 LEGAL OPINIONS ....................................................................... 72 LITIGATION ................................................................................. 72 NO RATING .................................................................................. 72 CONTINUING DISCLOSURE .................................................... 73 AUDITED FINANCIAL STATEMENTS ................................... 73 MISCELLANEOUS ....................................................................... 73
APPENDIX A SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE
APPENDIX B FORM OF OPINION OF BOND COUNSEL
APPENDIX C BO OK -ENTRY ONLY SYSTEM
APPENDIX D FORM OF CONTINUING DISCLOSURE CERTIFICATE
APPENDIX E ANNUAL FINANCIAL STATEMENTS OF THE CITY OF MARINA FOR THE FISCAL YEAR ENDED JUNE 30, 2021
APPENDIX F GENERAL INFORMATION ABOUT THE CITY OF MARINA AND THE COUNTY OF MONTEREY APPENDIX G FISCAL CONSULTANT ’S REPORT
EXHIBIT B
16 -iii-
GENERAL INFORMATION ABOUT THIS OFFICIAL STATEMENT
For purposes of compliance with Rule 15c2-12 of the United States Securities and Exchange Commission, as amended (“Rule 15c2-12”), this Preliminary Official Statement constitutes an “official statement” with respect to the Bonds that has been deemed “final” by the Authority and the City as of its date except for the omission of no more than the information permitted by Rule 15c2-
12. No Offering May Be Made Except by this Official Statement. No dealer, broker, salesperson or other person has been authorized to give any information or to make any representations with respect to the Bonds other than as contained in this Official Statement, and if given or made, such other information or representation must not be relied upon as having been authorized by the Successor Agency.
No Unlawful Offers or Solicitations. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.
Effective Date. This Official Statement speaks only as of its date, and the information and expressions of opinion contained in this Official Statement are subject to change without notice. Neither the delivery of this Official Statement nor any sale of the Bonds will, under any circumstances, create any implication that there has been no change in the affairs of the Successor Agency , Marina Community Partners, LLC , the Dunes development or any of th e Merged Project Areas since the date of this Official Statement.
Use of this Official Statement. This Official Statement is submitted in connection with the sale of the Bonds referred to in this Official Statement and may not be reproduced or used, in whole or in part, for any other purpose. This Official Statement is not a contract with the purchasers of the Bonds.
Preparation of this Official Statement. The information contained in this Official Statement has been obtained from sources that are believed to be reliable, but this information is not guaranteed as to accuracy or completeness.
The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information.
Document References and Summaries. All references to and summaries of the Indenture or other documents contained in this Official Statement are subject to the provisions of those documents and do not purport to be complete statements of those documents.
Stabilization of and Changes to Offering Prices. The Underwriter may over-allot or take other steps that stabilize or maintain the market price of the Bonds at a level above that which might otherwise prevail in the open market. If commenced, the Underwriter may discontinue such market stabilization at any time. The Underwriter may offer and sell the Bonds to certain dealers, dealer banks and banks acting as agent at prices lower than the public offering prices stated on the cover page of this Official Statement, and those public offering prices may be changed from time to time by the Underwriter.
Bonds are Exempt from Securities Laws Registration. The issuance and sale of the Bonds have not been registered under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, in reliance upon exemptions for the issuance and sale of municipal securities provided under section 3(a)(2) of the Securities Act of 1933 and section 3(a)(12) of the Securities Exchange Act of 1934.
Estimates and Projections. Certain statements included or incorporated by reference in this Official Statement constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, section 21E of the United States Securities Exchange Act of 1934, as amended, and section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “budget” or other similar words. THE ACHIEVEMENT OF CERTAIN RESULTS OR
OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND
UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS,
PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE
RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH F ORWARD-LOOKING STATEMENTS. THE SUCCESSOR AGENCY DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO
THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN ITS EXPECTATIONS, OR EVENTS, CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED OCCUR.
Website. The City of Marina, California, maintains an Internet website, but the information on the website is not incorporated by reference in or otherwise a part of this Official Statement and should not be relied upon in making an investment decision with respect to the Bonds.
EXHIBIT B
17 -iv-
CITY OF MARINA
REGIONAL LOCATION MAP
City of
Marina
EXHIBIT B
18 OFFICIAL STATEMENT
$____________*
SUCCESSOR AGENCY TO THE
MARINA REDEVELOPMENT AGENCY
TAX ALLOCATION BONDS, SERIES 2023A
INTRODUCTION
This Official Statement, including the cover page, is provided to furnish information in connection with the sale by the Successor Agency to the Marina Redevelopment Agency (the “Successor Agency ”) of its $____________* Successor Agency to the Marina Redevelopment Agency Tax Allocation Bonds, Series 2023A (the “Bonds”). Capitalized terms used in this Official Statement and not otherwise defined herein have the meanings given to them in the Indenture referred to below. See APPENDIX A —SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE—Definitions.
Authority and Purpose
The Successor Agency is issuing the Bond s pursuant to authority granted by section 34177.5(a)(4) of the California Health & Safety Code, Resolution No. 2022-01 (SA-MRA) adopted by the City Council of the City of Marina (the “City”) as the governing board (the “Governing Board”) of the Successor Agency on March 1, 2022, and an Indenture of Trust, dated as of July 1, 2018, by and between the Successor Agency and MUFG Union Bank, N.A. , as trustee (the “Original Trustee”), as amended by a First Supplemental Indenture of Trust, dated as of September 1, 2020, by and between the Successor Agency and the Original Trustee, and as further amended by a Second Supplemental Indenture of Trust, dated as of March 1, 2023 (together, the “Indenture”), by and between the Successor Agency and U.S. Bank Trust Company, National Association, as successor trustee (the “Trustee”). See “THE BONDS—Authority for Issuance.”
The Successor Agency is issuing the Bonds to (a) make a payment on a Promissory Note and Agreement, dated August 5, 2008 (the “Infrastructure Note”) of the former Marina Redevelopment Agency (the “Former Agency”) for the benefit of Marina Community Partners, LLC (the “Developer”), (b) fund a debt service reserve account for the Bonds, and (c) provide for the costs of issuing the Bonds. The Successor Agency, as successor to the Marina Redevelopment Agency (the “ Former Agency”), became the party obligated to make payments on the Infrastructure Note. See “FINANCING PLAN—The Infrastructure Note.” The Bonds constitute Parity Bonds under the Indenture, secured on a parity with the $6,905,000 Tax Allocation Bonds, Series 2018A (the “2018A Bonds”), issued by the Successor Agency on July 26, 2018, and the $4,790,000 Tax Allocation Bonds, Series 2020A (the “2020A Bonds”), issued by the Successor Agency on September 2, 2020, to the extent provided in the Indenture. See “INTRODUCTION— Outstanding Parity Debt” and “SECURITY FOR THE BONDS—Pledge Under the Indenture.”
The Successor Agency has also issued or is issuing under, and the Indenture also provides for, the issuance of the Successor Agency’s $6,585,000 Housing Tax Allocation Bonds, Series 2018B (the 2018B Bonds”) , issued on July 26, 2018 , $4,950,000 Housing Tax Allocation Bonds, Series 2020B (the “2020B Bonds”), issued on September 2, 2020 and $________* Housing Tax Allocation Bonds, Series 2023B, issued concurrently with the issuance of the Bonds (the “2023B Bonds” and, with the 2018B Bonds and the 2020B Bonds, the “Series B Bonds”), proceeds of which have been and will be, as applicable, used to satisfy certain other monetary obligations of the Successor Agency to the Developer. See “FINANCING PLAN —Related Obligation.” The Series B Bonds
* Preliminary, subject to change.
EXHIBIT B
19 -2-
are separately secured under the Indenture, and are payable from certain funds that are not pledged to or available for payment of the Bonds . See “SECURITY FOR THE BONDS—Series B Bonds.”
The City, the Former Agency and the Successor Agency
City. The City is located in Monterey County, California (the “County”). The City is located along the central coast of California, adjacent to the City of Seaside and unincorporated Monterey County. The City includes an area of approximately 9.6 square miles and is located approximately 75 miles south of the City of San Jose, 110 miles south of the City of San Francisco, 8 miles north of the City of Monterey and 8 miles west of the City of Salinas. Monterey County is bordered on the north by Santa Cruz County, on the east by San Benito County and Kings County and on the south by San Luis Obispo County. For general information regarding the City and the County see APPENDIX F—GENERAL INFORMATION ABOUT THE CITY OF MARINA AND THE COUNTY OF MONTEREY.
The City has no responsibility what soever for the repayment of the Bonds. See “SECURITY FOR THE BONDS—Limited Obligation.”
Former Agency. The Former Agency was activated on June 18, 1985 pursuant to the California Community Redevelopment Law (referred to in this Official Statement as the “Redevelopment Law”) and Ordinance No. 85-6 adopted by the City Council . The members of the City Council served as the governing board of the Former Agency.
Dissolution Act. On June 29, 2011, Assembly Bill No. 26 (“AB 1X 26”) was enacted together with a companion bill, Assembly Bill No. 27 (“AB 1X 27”). The provisions of AB 1X 26 provided for the dissolution of all redevelopment agencies statewide. The provisions of AB 1X 27 permitted redevelopment agencies to avoid such dissolution by the payment of certain amounts. A lawsuit was brought in the California Supreme Court, California Redevelopment Association, et al., v.
Matosantos, et al., 53 Cal. 4th 231 (2011), challenging the constitutionality of AB 1X 26 and AB 1X
27. On December 27, 2011, in its decision in that lawsuit, the California Supreme Court largely upheld AB 1X 26, invalidated AB 1X 27, and held that AB 1X 26 may be severed from AB 1X 27 and enforced independently. As a result of AB 1X 26 and the decision of the California Supreme Court in the California Redevelopment Association case, as of February 1, 2012, all redevelopment agencies in the State of California (the “State”) were dissolved, including the Former Agency, and successor agencies were designated as successor entities to the former redevelopment agencies to expeditiously wind down the affairs of the former redevelopment agencies.
The primary provisions enacted by AB 1X 26 relating to the dissolution and wind down of former redevelopment agency affairs are found in Parts 1.8 (commencing with section 34161) and 1.85 (commencing with section 34170) of Division 24 of the Health and Safety Code of the State, as amended, including by Assembly Bill No. 1484 (“AB 1484”), enacted on June 27, 2012, as Chapter 26, Statutes of 2012, and on September 22, 2015 by Senate Bill 107 (“SB 107”), enacted as Chapter 325, Statutes of 2015. The provisions of Part 1.85, as amended by AB 1484 and SB 107 and other amendments are referred to in this Official Statement as the “Dissolution Act.” The Redevelopment Law together with the Dissolution Act and the acts amendatory thereof and supplemental thereto are sometimes referred to in this Official Statement as, the “Law.”
Successor Agency. Pursuant to section 34173 of the Dissolution Act, the City Council of the City adopted Resolution No. 2012- 01 on January 10, 2012, pursuant to which the City made an election to serve as the Successor Agency to the Former Agency. However, subdivision (g) of section 34 173 of the Dissolution Act, added by AB 1484, expressly affirms that the Successor Agency is a separate legal entity from the City, that the two entities shall not merge and that the
EXHIBIT B
20 -3-
liabilities of the Former Agency will not be transferred to the City nor will the assets of the Former Agency become assets of the City. See “THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY.”
The Former Agency Obligation
Prior to its dissolution, the Former Agency entered into a number of agreements with the Developer in connection with The Dunes on Monterey Bay development (the “Dunes”), a 290 acre (358 gross acres incl usive of land dedicated to back bone infrastructure), master planned, mixed-use development on the former Fort Ord Army base located in the City. See “THE DUNES DEVELOPMENT.” These agreements included a Disposition and Development Agreement , dated as of May 31, 2005 (the “Original DDA ”), an I mplementation Agreement , dated as of September 9, 2006 (the “First Implementation Agreement ”), and a Second Implementation Agreement, dated as of August 5, 2008 (the “Second Implementation Agreement” and collectively with the Original DDA and the First Imp lementation Agreement, the “DDA”), and a Tax Increment Financing Plan and Agreement, dated August 5, 2008 , and the Operating Agreement Clarifying and Modifying Certain Project Approvals for the Specific Plan for the Dunes on Monterey Bay, dated December 17, 2019 (collectively, the “Financing Plan”).
As part of the Second Implementation Agreement, the Former Agency and the Developer entered into the Financing Plan that specified the terms of certain payments to the Developer. In connection with the Financin g Plan, the Former Agency issued a Promissory Note and Agreement, dated August 5, 2008 , for the benefit of the Developer (the “Infrastructure Note”), and a separate Promissory Note and Agreement, also dated August 5, 2008, for the benefit of the Developer (the “Housing Note,” and together with the Infrastructure Note, the “Promissory Notes”). Collectively, the DDA, the Financi ng Plan and the Promissory Note s are referred to herein as the “Former Agency Obligation.” The Second Implementation Agreement committed the Former Agency to pay to the Developer, in reimbursement for Eligible Project Costs (as such term is defined in the Financing Plan) incurred by the Developer in connection with the Dunes development, certain “Available Non -Housing Tax Increment Funds” generated by the Dunes development, as evidenced by the Infrastructure Note. The Successor Agency, as successor to the Former Agency, became the party obligated to make payments on the Promissory Notes.
Under the terms of the DDA and the Financing Plan, the Developer has submitted three invoices detailing its accumulated Eligible Project Costs (consisting of development costs attributable to land development and on -site and off -site public imp rovements related to the Dunes development), including one to the Former Agency for $48,411,751 on August 5, 2008, and two to the Successor Agency for $50,305,704 on May 17, 2018, and for $40,137,616 on September 6, 2022. The Infrastructure Note is payable from certain Available Non-Housing Tax Increment Funds arising from the Dunes development. The Former Agency and then Successor Agency have been making payments on the Infrastructure Note from the obligated Available Non-Housing Tax Increment Funds since December of 2008.
The Financing Plan obligates the Successor Agency to use the Available Non-Housing Tax Increment Funds allocated to the Successor Agency for each fiscal year with the fiscal year commencing July 1, 2008 and ending, subject to the terms of the Financing Plan, in October, 2037 (the “Payment Obligation Period”) to make payments due on the Infrastructure Note, and to periodically issue additional bonded indebtedness. In any event any Parity Debt issued at any time during the Payment Obligation Period may have a term of not less than twenty years from the date it is incurred (see, however, “THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY—Plan Limits” for a provision of the Redevelopment La w which would limit the last day for repayment of Parity Debt to June 30, 2048).
EXHIBIT B
21 -4-
The Financing Plan provides that the Developer may request that the Former Agency issue bonds to make lump sum payments on the Infrastructure Note, with the bonds payable from and secured by a pledge of the Pledged Non-Housing Funds (which include the Available Non-Housing Tax Increment Funds and subordinated Statutory Pass -Through Amounts allocated to the Dunes development, as further described below), and that the Former Agency will act reasonably and in good faith to issue such bonds. As previously mentioned, the Successor Agency has succeeded to the Former Agency ’s obligations under the DDA , the Financing Plan and the Infrastructure Note.
Pursuant to a request of the Developer, on July 26, 2018, the Successor Agency issued the 2018A Bonds in the principal amount of $6,905,000 and used $6,793,518.62 of the proceeds of the 2018A Bonds to make a lump sum payment on the Infrastructure Note. Pursuant to a request of the Developer, on January 15, 2020, the Successor Agency issued the 2020A Bonds in the principal amount of $4,790,000 and used $4,505,654.96 of the proceeds of the 2020A Bonds to make a lump sum payment on the Infrastructure Note.
The outstanding balance of the Infr astructure Note is $ 122,357,011. The Successor Agency’s payment obligations under the Former Agency Obligation have been included on the Successor Agency’s Recognized Obligation Payment Schedules, which have been approved by the County’s Consolidated Oversight Board (the “Oversight Board”) and the California Department of Finance (the “DOF”). Payment on the Infrastructure Note from the proceeds of the Bonds was included on the Successor Agency’s most recent Recognized Obligation Payment Schedule, which has been approved by the Oversight Board and the DOF. See “SECURITY FOR THE BONDS—Recognized Obligation Payment Schedules.”
The Developer has now requested that the Successor Agency issue the Bonds in accordance with the requirements of the Financing Plan. Th e net proceeds of the Bonds will be used to make another lump sum payment on the Infrastructure Note following the issuance and delivery of the Bonds.
It is expected that the Successor Agency will issue additional bonds secured under the Indenture on a p arity with the Bonds , the 2018A Bonds and the 2020A Bonds, as the Available Non-Housing Tax Increment Funds arising from the Dunes increase as development of the Dunes continues to occur. See “SECURITY FOR THE BONDS—Parity Debt.”
The Pledged Non-Housing Funds to be used to pay debt service on the Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt are payable from amounts in the Redevelopment Obligation Retirement Fund of the Successor Agency into which they are deposited. S ee “INTRODUCTION—Security for the Bonds” and “SECURITY FOR THE BONDS—Pledge Under the Indenture.”
The Merged Redevelopment Projects
The Successor Agency has three redevelopment project areas which have been fiscally merged, which are collectively referred to in this Official Statement as the “Merged Project Areas.” The Merged Project Areas include the Redevelopment Project No. 3, formerly known as the Fort Ord Redevelopment Project Area (the “Fort Ord Project”), that was established in 1999, and includes 1,805 acres; the Marina Municipal Airport Area Project (the “Airport Project”), that was established in 1997, and includes 1,391 acres; and the Marina Redevelopment Project ( the “Marina Project”) that was established in 1986, and includes 168 acres. In total, the Merged Project Areas encompass approximately 3,364 acres. The Fort Ord Project and the Airport Project were both part of the decommissioned Fort Ord military base. The Marina Project includes commercial
EXHIBIT B
22 -5-
and residential areas in the central part of the City. The three areas were fiscally merged in 2009 by adoption of City Ordinance Nos. 2009-08, 2009-09 and 2009-10.
The Tax Revenues from the Merged Project Areas are required to be deposited to the Redevelopment Property Tax Trust Fund maintained by the County Auditor-Controller for the Successor Agency, who distributes the Pledged Non- Housing Funds from such fund semi- annually to the Succes sor Agency for deposit to the Successor Agency’s Redevelopment Obligation Retirement Fund . The Pledged Non-Housing Funds are remitted semi-annually by the Successor Agency from the Redevelopment Obligation Retirement Fund to the Trustee for deposit by the Trustee in the Series A Debt Service Fund established and maintained by the Trustee under the Indenture until the amount so remitted equals the amount to be transferred to the Series A Debt Service Fund (including any amounts to be transferred to the 2018 Reserve Account, the 2020A Reserve Account or the 2023A Reserve Account) in respect of the Interest Payment Date occurring during the related ROPS Payment Period , with any excess released semiannually from the lien of the Indenture. Payments due on the Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt are made by the Trustee from the funds in the accounts in the Series A Debt Service Fund. See “INTRODUCTION—Security for the Bonds” and “SECURITY FOR THE BONDS —Pledged Non -Housing Funds ; Available Non -Housing Tax Increment Funds.” The merger of the three project areas had no effect on the priority of a pledge of tax increment from one of the merged project areas to pay indebtedness incurred and outstanding in that project area at the time of the merger, and thus had no effect on the provisions of the pledge of the Pledged Non-Housing Funds to the payment of the Bonds.
Tax Increment Financing
Prior to the enactment of AB 1X 26, the Redevelopment Law authorized the financing of redevelopment projects through the use of tax increment revenues. This method provided that the taxable valuation of the property within a redevelopment project area on the property tax roll last equalized prior to the effective date of the ordinance which adopted the redevelopment plan became the base year valuation. Assuming the taxable valuation never drops below the base year level, the taxing agencies receiving property taxes thereafter received only that portion of the taxes produced by applying then current tax rates to the base year valuation, and the redevelopment agency was allocated the remaining portion of property taxes produced by applying then current tax rates to the increase in valuation over the base year. Such incremental tax revenues allocated to a redevelopment agency were authorized to be pledged to the payment of redevelopment agency obligations.
Authority to Issue Bonds
The Dissolution Act authorizes a successor agency to issue bonds to satisfy enforceable obligations when the enforceable oblig ations include the irrevocable pledge of property tax increment, formerly tax increment revenues, and the enforceable obligations also include the obligation to issue bonds secured by that pledge. The Former Agency Obligation , as evidenced by the Financing Plan, including the Infrastructure Note, includes such an irrevocable pledge and obligation to issue bonds. The net proceeds of the Bonds will be used to make a payment on the Infrastructure Note.
The Successor Agency approved the issuance of the Bonds on March 1, 2022, the Oversight Board approved the issuance of the Bonds on March 23, 2022, and the DOF approved the Oversight Board’s Resolution approving the issuance of the Bonds on May 16, 2022. See “THE BONDS—Authority for Issuance.”
EXHIBIT B
23 -6-
Security for the Bonds
The Dissolution Act requires the Monterey County Auditor-Controller (the “County Auditor-Controller”) to determine the amount of property taxes that would have been allocated to the Former Agency from the Merged Project Areas had the Former Agency not been dissolved pursuant to the operation of AB 1X 26, using current assessed values on the last equalized roll on August 20, and to deposit that amount in the Redevelopment Property Tax Trust Fund for the Successor Agency established and held by the County Auditor -Controller pursuant to the Dissolution Act. The Dissolution Act provides that any bonds or other indebtedness authorized thereunder to be issued by the Successor Agency will be considered indebtedness incurred by the dissolved Former Agency, and will be included in the Successor Agency’s Recognized Obligation Payment Schedules. S ee “SECURITY FOR THE BONDS —Recognized Obligation Payment Schedules.”
The Dissolution Act further provides that bonds or other indebtedness authorized thereunder to be issued by the Successor Agency will be secured by a pledge of, and lien on, and will be repaid from moneys deposited from time to time in the Redevelopment Property Tax Trust Fund, and that property tax revenues pledged to any bonds authorized under the Dissolution Act, such as the Bonds, are taxes allocated to the Successor Agency pursuant to the provisions of the Redevelopment Law and the State Constitution.
Property tax revenues are allocated to the Successor Agency on a semi-annual basis based on a Recognized Obligation Payment Schedule submitted by the Successor Agency to the Oversight Board and the DOF. The County Auditor -Controller distribute s funds from the Redevelopment Property Tax Trust Fund in the order specified in the Dissolution Act. The Successor Agency’s payment obligations under the Former Agency Obligation have been consistently included on the Successor Agency’s Recognized Obligation Payment Schedules since the Dissolution Act became effective. See “SECURITY FOR THE BONDS— Recognized Obligation Payment Schedules.”
Pursuant to the Indenture, and in accordance with the Financing Plan , the Bonds are secured by a pledge of the Pledged Non-Housing Funds generated by the Dunes development.
Specifically, the Bonds are limited obligations of the Successor Agency payable solely from and secured by the pledge of Pledged Non-Housing Funds deposited to the Redevelopment Obligation Retirement Fund and moneys on deposit in the Series A Debt Service Fund, including the 2023A Reserve Account therein, established under the Indenture . As previously described, Tax Revenues from the Merged Project Areas are deposited to the Redevelopment Property Tax Trust Fund maintained by the County Auditor -Controller for the Successo r Agency, who distributes the Pledged Non -Housing Funds from such fund semi -annually to the Successor Agency for deposit to the Successor Agency’s Redevelopment Obligation Retirement Fund. The Pledged Non-Housing Funds are remitted semi- annually by the Successor Agency from the Redevelopment Obligation Retirement Fund to the Trustee for deposit by the Trustee in the Series A Debt Service Fund held by the Trustee under the Indenture until the amount so remitted equals the amount to be transferred to the Series A Debt Service Fund in respect of the Interest Payment Date occurring during the related ROPS Payment Period, with any excess released semiannually from the lien of the Indenture. Payments due on the Bonds , the 2018A Bonds, the 2020A Bonds and any additional Parity Debt are made by the Trustee from the funds in the accounts in the Series A Debt Service Fund. See “THE DUNES PORTION OF THE MERGED PROJECT AREAS— Historic and Estimated Pledged Non -Housing Funds.” See also Section 6.6 in APPENDIX G— FISCAL CONSULTANT’S REPORT for the manner in which the amount of the Pledged Non- Housing Funds and the Available Non-Housing Tax Increment Funds are determined.
EXHIBIT B
24 -7-
The term “Tax Revenues” is defined under the Indenture to mean the moneys deposited or available for deposit from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of section 34170.5 of the Dissolution Act, as provided in paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act, after payment of (a) County administrative fees pursuant to section 34183(a) of the Dissolution Act, (b) the Statutory Pass-Through Amounts to the extent not subordinated to the Successor Age ncy’s obligation to repay the Bonds, and any pass- through obligations (statutory or negotiated) of the Successor Agency related to the Airport Project or the Marina Project, and (c) amounts payable by the Successor Agency on certain bonds issued by the Former Agency in 2000, currently outstanding in the principal amount of $320,000 (the “2000 Bonds”). If, and to the extent, that the provisions of section 34172 or paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act are invalidated by a final judicial decision, the Indenture provides that then Tax Revenues will include all tax revenues allocated to the payment of indebtedness of the Successor Agency pursuant to section 33670 of the Law or such other section as may be in effect at the time providing for the allocation of tax increment revenues to the Successor Agency in accordance with Article XVI, Section 16 of the California Constitution.
The term “Pledged Non -Housing Funds” is defined in the Indenture as the sum of the Available Non-Housing Tax Increment Funds, together with Statutory Pass -Through Amounts payable to taxing entities (other than the City) pursuant to Sections 33492.71 and 33492.78 of the Redevelopment Law that have been subordinated to the payment of the Bonds (see “SECURITY FOR THE BONDS—Pass-Through Payments”).
The term “Available Non-Housing Tax Increment Funds” is defined in the Indenture as the portion of the Tax Revenues annually allocated to the Successor Agency pursuant to Sections 33492.71(c)(1)(B) and 33492.71(c)(1)(D) of the Law from the Fort Ord Project area and generated by the Dunes development, less the development’s annual proportionate share of: (i) the County administrative charge, (ii) the amount that would have been required, prior to the dissolution of the Former Agency, to be deposited in the Former Agency’s Low and Moderate Income Housing Fund (twenty percent (20%) of tax increment revenues), (iii) the Statutory Pass-Through Amounts payable to taxing entities (other than the City) pursuant to Sections 33492.71 and 33492.78 of the Law, and (iv) the retention by the Successor Agency of ten percent (10%) of the sum remaining after subtracting amounts under (i) through (iii), above.
Based on the foregoing, only the Pledged Non-Housing Funds attributable to the Dunes development will be used to make payments on the Bonds , in addition to earnings on f unds held in the Series A Debt Service Fund. Moreover, successor agencies have no power to levy property taxes and must rely on the allocation of taxes as described above. See “RISK FACTORS.”
Outstanding Parity Debt
On July 26, 2018, the Successor Agency issued the 2018A Bonds and on September 2, 2020, the Successor Agency issued the 2020A Bonds, each under the Indenture, proceeds of each of which were used to make a lump sum payment on the Infrastructure Note. The Bonds are secured on a parity with the 2018A Bonds and the 2020A Bonds under the Indenture, except that amounts in the 2018A Reserve Account thereunder secure only the payment of the 2018A Bonds, amounts in the Series 2020A Reserve Account thereunder secure only the payment of the 2020A Bonds, and amounts in the 2023A Reserve Account thereunder secure only the payment of the Bonds.
As of September 2, 2022, the outstanding principal amount of the 2018A Bonds is $5,860,000 and the outstanding principal amount of the 2020A Bonds is $4,700,000.
The Bonds constitute “Parity Debt” under and as defined in the Indenture. The Indenture allows for the issuance of additional Parity Debt subject to the provisions of the Indenture (se e
EXHIBIT B
25 -8-
“INTRODUCTION—Additional Parity Debt” and “SECURITY FOR TH E BONDS—Additional Parity Debt.”
Reserve Account
A reserve account (the “2023A Reserve Account”) will be established within the Series A Debt Service Fund and held by the Trustee under the Indenture in order to secure the payment of principal of and interest on the Bonds in an amount, as of the Closing Date, equal to the Reserve Requirement. The term “Reserve Requirement” means, as of any date of calculation, an amount equal to the least of (a) Maximum Annual Debt Service on the Bonds (not including the 2018A Bonds, the 2020A Bonds or any additional Parity Debt) for the then current or every subsequent Bond Year, (b) 125% of average Annual Debt Service on the Bonds (not including the 2018A Bonds, the 2020A Bonds or any additional Parity Debt) for the then current and every subsequent Bond Year, and (c) 10% of the original principal amount of the Bonds (without regard to the 2018A Bonds, the 2020A Bonds and any additional Parity Debt).
If, on any Interest Payment Date for the Bonds, the amounts on deposit in the Series A Debt Service Fund under the Indenture are not sufficient to pay any principal of and interest due on the Bonds, the Trustee will draw on the 2023A Reserve Account to make transfers to the Interest Account, the Principal Account or the Sinking Account of the Series A Debt Service Fund, in that order, to make up any such deficiency. See “SECURITY FOR THE BONDS—Flow of Funds Under the Indenture” and “—Reserve Account” and APPENDIX A—”SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE” for additional information on the 2023A Reserve Account.
Under the Indenture, amounts in the 2023A Reserve Account only secure payment of the Bonds, and not any 2018A Bonds, 2020A Bonds or additional Parity Debt. The reserve accounts established for the 2018A Bon ds and the 2020A Bonds do not secure the 2023A Bonds. The Successor Agency may, but is not required, to establish a separate reserve account for any additional Parity Debt that may be issued in the future.
Limited Obligation
The Bond s are limited obligations of the Successor Agency and are secured by an irrevocable pledge of, and are payable as to principal, interest and premium, if any, from the Pledged Non-Housing Funds and amounts in the Series A Debt Service Fund and the accounts therein pledged therefore under the Indenture. The Bonds are not a debt of the City, the County, the State or any of their political subdivisions except the Successor Agency, and none of the City, the County, the State or any of their political subdivisions except the Successor Agency are liable thereon. The Bonds are not payable out of any funds other than those pledged to the payment of the Bonds in the Indenture , consisting solely of the Pledged Non -Housing Funds and investment earnings on the amounts in the accounts within the Series A Debt Service Fund .
No member of the Governing Board, officer, agent, or employee of the Successor Agency, or member of the Board of Directors of the Oversight Board or of the County Board of Supervisors, or any person executing the Bonds, is liable personally on the Bonds by reason of their issuance.
Additional Parity Debt
The Indenture permits the issuance of additional Parity Debt secured by a pledge of Available Non-Housing Tax Increment Funds and other amounts pledged to the payment of the Bonds, the 2020A Bonds and the 2018A Bonds (except amounts in the 2018A Reserve Account, which are pledged only to the payment of the 2018A Bonds, and amounts in the 2020A Reserve Account, which are pledged only to the payment of the 2020A Bonds and amounts in the 2023A Reserve Account, which are pledged only to the payment of the Bonds ) on a parity with the
EXHIBIT B
26 -9-
pledge thereof to the payment of the Bonds under the Indenture, under certain circumstances.
See “SECURITY FOR THE BONDS—Parity Debt.”
Professionals Involved in the Offering
KNN Public Finance, LLC, Berkeley, California (the “Municipal Advisor”), has served as municipal advisor to the Successor Agency and has advised the Successor Agency with respect to the financial structure of the Bonds and as to other financial aspects related to the Bonds.
Keyser Marston Associates, Inc., Berkeley, California, has acted as fiscal consultant to the Successor Agency (the “Fiscal Consultant”) and advised the Successor Agency as to the taxable values and the revenues projected to be available to pay debt service on the Bonds as referenced in this Official Statement. The report prepared by the Fiscal Consultant is referred to in this Official Statement as the “Fiscal Consultant’s Report.” See APPENDIX G—FISCAL CONSULTANT’S REPORT.
U.S. Bank Trust Company, National Association, San Francisco, California, will act as Trustee for the Bonds under the Indenture. Applied Best Practices, LLC, Irvine, California will serve as the Dissemination Agent under the Continuing Disclosure Certificate for the Bonds.
The proceedings in connection with the issuance of the Bonds are subject to the approval as to their legality of Quint & Thimmig LLP, Larkspur, California, Bond Counsel to the Successor Agency. Quint & Thimmig LLP is also acting as Disclosure Counsel to the Successor Agency for the Bonds . Goldfarb & Lipman LLP, Oakland , California, acting as general counsel to the Successor Agency, will render an opinion as to certain legal matters on behalf of the Successor Agency. Certain legal matters will be passed on for the Underwriter by Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California, acting as Underwriter ’s Counsel.
Further Information
Brief descriptions of the Redevelopme nt Law, the Dissolution Act, the Bonds, the Indenture, the Successor Agency, the Former Agency , the Former Agency Obligation and the Dunes portion of the Merged Project Areas are included in this Official Statement. Such descriptions do not purport to be comprehensive or definitive. All references in this Official Statement to the Redevel opment Law, the Dissolution Act , the Bonds, the Indenture, the Constitution and the laws of the State, the Former Agency Obligation, as well as the proceedings of the Form er Agency and the Successor Agency, are qualified in their entirety by reference to such documents and laws. References in this Official Statement to the Bonds are qualified in their entirety by the form thereof included in the Indenture and by the provisions of the Indenture.
During the period of the offering of the Bonds, copies of the forms of all documents described herein are available upon written request from the City of Marina, 211 Hillcrest Avenue, Marina, California 93933, Attention: Finance Director. The City may impose a charge for the copying, mailing and handling of documents.
EXHIBIT B
27 -10-
FINANCING PLAN
The Infrastructure Note
As described under the heading “INTRODUCTION —The Former Agency Obligation,” the Former Agency entered into various agreements with the Developer that obligated the Former Agency to use Available Non-Housing Tax Increment Funds arising during the Payment Obligation Period to reimburse the Developer for Eligible Project Costs incurred by the Developer, as evidenced by t he Infrastructure Note. Eligible Project Costs include costs of the Dunes development attributable to land development and on -site and off -site public improvements paid by the Developer under the terms of the DDA and development approvals related thereto, and also may include fees imposed by the Fort Ord Reuse Authority for certain infrastructure, and certain amounts that may be attributable to increases in fees of the Marina Coast Water District related to collection and capacity charges for sewer and wate r associated with the Dunes development. To date, the Developer has submitted three invoices, one to the Former Agency and two to the Successor Agency, detailing a total of $138,855,071 of Eligible Project Costs. After a semiannual payment recently made by the Successor Agency, the outstanding balance of the Infrastructure Note is $122,357,011.
The first payment of Available Non-Housing Tax Increment Funds on the Infrastructure Note was made to the Developer in the second quarter of 2009, with payments continuing since then. Proceeds of the 2018A Bonds were used to make a lump sum payment in the amount of $6,793,518.62 on the Infrastructure Note on July 26, 2018. Proceeds of the 2020A Bonds were used to make a lump sum payment in the amount of $ 4,505,654.96 on the Infrastructure Note on September 2, 2020. The Developer has agreed to waive its rights to direct payment of the Available Non-Housing Tax Increment Payments to it under the Infrastructure Note, to the use of such funds for the payments due on the Bonds, the 2018A Bonds and any additional Parity Debt. The proceeds of the Bonds (and of any additional Parity Debt) used to make a payment to Developer will be credited to the amount due by the Successor Agency to the Developer on the Infrastructure Note.
Any balance of the Infrastructure Note not paid from Available Non -Housing Tax Increment Funds arising during the Payment Obligation Period, or from proceeds of the Bonds or additional Parity Debt issued or incurred during the Payment Obligati on Period, will effectively be forgiven. Under the provisions of the Former Agency Obligation, the Payment Obligation Period ends in October, 2037. Parity Debt incurred during the Payment Obligation Period may have a term of not less than twenty (20) years from the date it is incurred (see, however, “THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY—Plan Limits” for a provision of the Redevelopment Law which would limit the last day for repayment of Parity Debt to June 30, 2048).
In addition to provi ding for a payment to the Developer on the Infrastructure Note, the proceeds of the Bonds will be used to fund a 2023A Reserve Account for the Bonds, and to pay the costs of issuance of the Bonds. Funds pledged under the Indenture to the payment of the Series B Bonds (see “ —Related Obligation” below) are not in any way pledged to, or available for, payment of the debt service on the Bonds.
Related Obligation
The Former Agency Obligation, including the Financing Plan, provided for the issuance by the Former Agency of the Housing Note, in addition to the Infrastructure Note, to evidence an obligation of the Former Agency (and now of the Successor Agency) to reimburse the Developer for Eligible LMIHF Costs. The Successor Agency issued the 2018B Bonds and the 2020B
EXHIBIT B
28 -11-
Bonds and is issuing the 2023B Bonds concurrent with the issuance of the Bonds , proceeds of which have been, and will be, as applicable, used to make lump sum payments in respect of the amount owing under the Housing Note. The Successor Agency has issued and is issuing the Series B Bonds, as applicable, under the Indenture, which are secured by a pledge of Available LMIHF Funds and amounts in a Series B Debt Service Fund established under the Indenture. The Available Non-Housing Tax Increment Funds and amounts in the Series A Debt Service Fund are not pledged to or available for the payment of debt service on the Series B Bonds, and the Available LMIHF Funds and amounts in the Series B Debt Service Fund are not pledged to or available for the payment of debt service on the Bonds, the 2018A Bonds, the 2020A Bonds or any additional Parity Debt. See “SECURITY FOR THE BONDS—Series B Bonds.”
Sources and Uses of Funds
The sources and uses of funds for the financing are summarized below.
Sources:
Principal Amount of Bonds $
Plus: Original Issue Premium
Total Sources $
Uses:
Deposit to Developer Payment Fund(1) $
Deposit to 2023A Reserve Account(2)
Costs of Issuance(3)
Total Uses $
(1) To be used to make a lump sum payment on the Infrastructure Note on or after the date of issuance of the Bonds.
See “FINANCING PLAN— The Infrastructure Note.”
(2) Equal to the initial Reserve Requirement for the Bonds. See “SECURITY FOR THE BONDS—Reserve Account.” (3) Costs of issuance include the Underwriter’s discount, fees and expenses of Bond Counsel, Disclosure Counsel, the Municipal Advisor, the Fiscal Consultant, the Trustee, the City, the Successor Agency and Successor Agency counsel, printing expenses and other costs related to the issuance of the Bonds.
EXHIBIT B
29 -12-
Debt Service Schedule
The following table shows the annual debt service schedule for the Bond s, the 2020A Bonds and the 2018A Bonds, assuming no optional redemption of the Bonds, the 2018A Bonds or the 2020A Bonds prior to their respective maturities.
Bond Year
Ending 2018A Bonds 2020A Bonds Bonds
September 1 Principal Interest Principal Interest Principal Interest Total 2023 $ 250,000 $ 293,000 $ 95,000 $ 188,000
2024 260,000 280,500 100,000 184,200
2025 275,000 267,500 100,000 180,200
2026 285,000 253,750 110,000 176,200
2027 300,000 239,500 110,000 171,800
2028 315,000 224,500 115,000 167,400
2029 330,000 208,750 120,000 162,800
2030 350,000 192,250 125,000 158,000
2031 365,000 174,750 130,000 153,000
2032 385,000 156,500 135,000 147,800
2033 405,000 137,250 140,000 142,400
2034 425,000 117,000 145,000 136,800
2035 445,000 95,750 150,000 131,000
2036 465,000 73,500 160,000 125,000
2037 490,000 50,250 165,000 118,600
2038 515,000 25,750 600,000 112,000
2039 — — 1,080,000 88,000
2040 — — 1,120,000 44,800
2041 — — — —
2042 — — — —
Totals $5,860,000 $2,790,500 $4,700,000 $2,588,000 $ $ $
THE BONDS
Authority for Issuance
The Bonds were authorized to be issued, and the Indenture was authorized to be executed, by the Successor Agency pursuant to Resolution No . 2022-01 (SA-MRA), adopted by the Governing Board on March 1, 2022 . The issuance of the Bonds by the Successor Agency was approved by the Oversight Board of the Successor Agency pursuant to its Resolution No. 2022- 11, adopted on March 23, 2022 (the “Oversight Board Resolution”).
Pursuant to the Dissolution Act, written notic e of the adoption of the Oversight Board Resolution was provided to the DOF. On May 16, 2022, the DOF provided a letter to the Successor Agency stating that based on the DOF ’s review and application of the law, the portion of the Oversight Board Resolution approving the issuance of the Bonds is approved by the DOF.
Section 34177.5 of the Dissolution Act provides that when, as here, a successor agency issues bonds with the approval of the oversight board and the DOF, the oversight board may not unilaterally approve any amendments to or early termination of the bonds, and the scheduled payments on the bonds shall be listed in the Recognized Obligation Payment Schedule s and are not subject to further review and approval by the DOF or the California State Controller.
Description of the Bonds
The Bonds will be issued and delivered in fully registered form without coupons in the denomination of $5,000 or any integral multiple thereof for each maturity of each series of the Bonds, initially in the nam e of Cede & Co., as nominee for The Depository Trust Company
EXHIBIT B
30 -13-
(“DTC”), as registered owner of all of the Bonds. The initially executed and delivered Bonds will be dated the date of delivery (the “Closing Date”) and will mature on September 1 in the years and in the principal amounts shown on the inside cover page of this Official Statement.
Interest on the Bonds will be calculated on the basis of a 360 -day year of twelve 30- day months at the rates shown on the inside cover page of this Official Statement, payable semiannually on March 1 and September 1 in each year, commencing on March 1, 2023, by check mailed to the registered owners thereof or upon the request of the Owners of $1,000,000 or more in principal amount of Bonds, by wire transfer to an account in the United States which shall be designated in written instructions by such Owner to the Trustee on or b efore the applicable Record Date. Record Date is defined in the Indenture as, with respect to any Interest Payment Date, the close of business on the fifteenth ( 15th) calendar day of the month preceding such Interest Payment Date, whether or not such fifteenth (15th) calendar day is a Business Day.
One fully registered certificate will be issued for each maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited with DTC. See APPENDIX C—BOOK-ENTRY ONLY SYSTEM.
Redemption
Optional Redemption. The Bonds maturing on or before September 1, ____, are not subject to optional redemption prior to maturity. The Bonds maturing on and after September 1, ____, are subject to redemption at the option of the Successor Agency, on any date on or after September 1, ____, in whole or in part, among such maturities as are determined by the Successor Agency (and, in lieu of such determination, pro rata among maturities) and by lot within a maturity, from any available source of funds, at the following redemption prices expressed as a percentage of the principal amount thereof to be redeemed, together with accrued interest to the date fixed for redemption:
Redemption Date
Redemption
Price
September 1, ____ to August 31, ____ %
September 1, ____ to August 31, ____
September 1, ____ to August 31, ____
September 1, ____ and thereafter
The Successor Agency must obtain the consent of the Developer to any optional redemption that occurs prior to the end of the Payment Obligation Period.
Mandatory Sinking Account Redemption. The Bonds maturing on September 1, ____ (the
“Term Bonds ”), are subject to mandatory redemption, in part by lot, from Sinking Account payments set forth in the following schedule on September 1, ____, and on each September 1 thereafter to and including September 1, ____, at a redemption price equal to the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the Term Bonds have been optionally redeemed, the total amount of Sinking Account p ayments to be made subsequent to such redemption shall be reduced in an amount equal to the principal amount of the Term Bonds so redeemed by reducing each such future Sinking Account payment on a pro rata basis (as nearly as practicable) in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the Successor Agency with the Trustee.
EXHIBIT B
31 -14-
Redemption Date Principal
(September 1) Amount
†Maturity
Notice of Redemption. The Trustee on behalf of and at the expense of the Successor Agency will mail (by first class mail, postage prepaid) notice of any redemption at least thirty but not more than sixty days prior to the redemption date, to (i) the Owners of any Bonds designated for redemption at their respective addresses appearing on the Registration Books, and (ii) to the Securities Depositories and to the Information Services designated in a Written Request of the Successor Agency filed with the Trustee at the time the Successor Agency notifies the Trustee of its intention to redeem Bonds; but such mailing is not a condition precedent to such redemption and neither failure to receive any such notice nor any defect therein will affect the validity of the proceedings for the redemption of such Bonds or the cessation of the accrual of interest thereon.
Such notice will state the redemption date and the redemption price, will designate the CUSIP number of the Bonds to be redeemed, state the individual number of each Bond to be redeemed or state that all Bonds between two stated numbers (both inclusive) or all of the Bonds Outstanding (or all Bonds of a maturity) are to be redeemed, and will require that such Bonds be then surrendered (except for mandatory Sinking Account redempt ions) at the Principal Corporate Trust Office of the Trustee for redemption at the said redemption price, giving notice also that further interest on such Bonds will not accrue from and after the redemption date.
Notwithstanding the foregoing, in the case of any optional redemption of the Bonds, the notice of redemption may also state that the redemption is conditioned upon receipt by the Trustee of sufficient moneys to redeem the Bonds on the anticipated redemption date, and that the optional redemption shall not occur if, by no later than the scheduled redemption date, sufficient moneys to redeem the Bonds have not been deposited with the Trustee. In the event that the Trustee does not receive sufficient funds by the scheduled optional redemption date to so redeem the Bonds to be optionally redeemed, such event shall not constit ute an Event of Default; the Trustee shall send written notice to the Owners to the effect that the redemption did not occur as anticipated, and the Bonds for which notice of optional redemption was given shall remain Outstanding for all purposes of the Indenture.
Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer.
Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption price of and interest on the Bonds so called for redemption shall have been duly deposited with the Trustee, such Bonds so called shall cease to be entitled to any benefit under the Indenture other than the right to receive payment of the redemption price and accrued interest to the redemption date, and no interest shall accrue thereon fr om and after the redemption date specified in such notice.
Manner of Redemption . Whenever any Bonds or portions thereof are to be selected for redemption by lot, the Trustee shall make such selection in such manner as the Trustee shall deem appropriate and shall notify the Successor Agency thereof. All Bonds redeemed shall be canceled.
EXHIBIT B
32 -15-
Selection of Bonds for Redemption . Whenever provision is made in the Indenture for the redemption of Bonds and less than all Bonds then currently outstanding are called for redemption, the Trustee will select Bonds for redemption from Bonds then currently Outstanding and not previously called for redemption, at the written direction of the Successor Agency in such order of maturity as shall be designated by the Successor Agency, and in the absence of such direction, pro rata among maturities and by lot within a maturity. The Trustee will promptly notify the Successor Agency in writing of the Bonds so selected for redemption.
THE DISSOLUTION ACT
The Dissolution Act requires the County Auditor-Controller to determine the amount of property taxes that would have been allocated to the Former Agency (pursuant to subdivision (b) of section 16 of Article XVI of the State Constitution) had the Former Agency not been dissolved pursuant to the operation of AB 1X 26, using current assessed values on the last equalized roll on August 20, and to deposit that amount in the Redevelopment Property Tax Trust Fund for the Successor Agency established and held by the County Auditor -Controller pursuant to the Dissolution Act.
The Dissolution Act provides that any bonds authorized thereunder to be issued by the Successor Agency will be considered indebtedness incurred by the Former Agency, with the same lien priority and legal effect as if the bonds had been issued prior to the effective date of AB 1X 26, in full conformity with the applicable provisions of the Redevelopment Law that existed prior to that date, and will be included in the Successor Agency ’s Recognized Obligation Payment Schedule. S ee “THE DISSOLUTION ACT —Recognized Obligation Payment Schedule s” and “SECURITY FOR THE BONDS—Recognized Obligation Payment Schedules.”
The Dissolution Act further provides that bonds authorized by the Dissolution Act to be issued by the Successor Agenc y will be secured by a pledge of, and lien on, and will be repaid from moneys deposited from time to time in the Redevelopment Property Tax Trust Fund, and that property tax revenues pledged to any bonds authorized to be issued by the Successor Agency under the Dissolution Act, effectively including the Pledged Non-Housing Funds pledged to the Bonds, are taxes allocated to the Successor Agency pursuant to subdivision (b) of section 33670 of the Redevelopment Law and section 16 of Article XVI of the State Constitution.
Pursuant to subdivision (b) of section 33670 of the Redevelopment Law and section 16 of Article XVI of the State Constitution and as provided in the Redevelopment Plans for each of the Merged Project Areas, taxes levied upon taxable property in the Merged Project Areas each year by or for the benefit of the State, any city, county, city and county, district, or other public corporation (herein sometimes collectively called “taxing agencies”) after the effective date of the respective ordinances approving the several Redevelopment Plans , or the effective dates of ordinances approving amendments to the several Redevelopment Plans that added territory are to be divided as follows:
(a) To Taxing Agencies: That portion of the taxes which would be produced by the rate upon which the tax is levied each year by or for each of the taxing agencies upon the total sum of the assessed value of the taxable property in the respective Redevelopment Project as shown upon the assessment roll used in connection with the taxation of such property by such taxing agency last equalized prior to the effective date of the ordinance adopting the related Redevelopment Plan, or the respective effective dates of ordinances approving amendments to the respective Redevelopment Plan that added territory to the related Redevelopment Project, as applicable (each, a “base year valuation”), will be allocated to, and when collected will be paid into, the funds of the
EXHIBIT B
33 -16-
respective taxing agencies as taxes by or for the taxing agencies on all other property are paid; and
(b) To the Former Agency/Successor Agency: Except for that portion of the taxes in excess of the amount identified in (a) above which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness approved by the voters of the taxing agency on or after January 1, 1989 for the acquisition or improvement of real property, which portion shall be allocated to, and when collected shall be paid into, the fund of that taxing agency, that portion of the levied taxes each year in excess of such amount, annually allocated within limitations established by the applicable Redevelopment Plan, following the date of issuance of the Bonds, when collected will be paid into a special fund of the Successor Agency. Section 34172 of the Dissolution Act provides that, for purposes of section 16 of Article XVI of the State Constitution, the Redevelopment Property Tax Trust Fund shall be deemed to be a special fund of the Successor Agency to pay the debt service on indebtedness incurred by the Former Agency or the Successor Agency to finance or refina nce the redevelopment projects of the Former Agency.
That portion of the levied taxes described in paragraph (b) above, less amounts deducted pursuant to section 34 183(a) of the Dissolution Act for permitted administrative costs of the County Auditor -Controller, constitute the amounts required under the Dissolution Act to be deposited by the County Auditor -Controller into the Redevelopment Property Tax Trust Fund.
In addition, section 34183 of the Dissolution Act effectively eliminates the January 1, 1989 date from paragraph (b) above.
In addition, pursuant to section 34187 of the Dissolution Act, funds associated with retired enforceable obligations are required to be reallocated to taxing agencies as regular property taxes and not deposited into the Redevelopment Property Tax Trust Fund for the Successor Agency at all (however, section 34187(a)(2) of the Dissolution Act provides for retention of funds by the Successor Agency to the extent needed for payment of enforceable obligations upon authorization by the DOF).
Recognized Obligation Payment Schedules
Submission of Recognized Obligation Payment Schedule. The Dissolution Act requires successor agencies to periodically prepare, and submit to the DOF and the County Auditor - Controller for approval, an oversight board-approved recognized obligation payment schedule (the “Recognized Obligation Payment Schedule”) pursuant to which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation.
Commencing on February 1, 2016, successor agencies were transitioned to an annual Recognized Obligation Payment Schedule process pursuant to which successor agencies are required to file Recognized Obligation Payment Schedules with the DOF and the County Auditor-Controller for approval on or before each February 1 for the July 1 through June 30 period immediately following such February 1. For example, on February 1, 2022, the Successor Agency was req uired to file a Recognized Obligation Payment Schedule for the period commencing July 1, 2022 through June 30, 2023.
In addition, commencing on January 1, 2016 , successor agencies that have received a Finding of Completion and the concurrence of the DOF as to the items that qualify for payment, among other conditions, may at their option, file a “Last and Final” Recognized Obligation
EXHIBIT B
34 -17-
Payment Schedule. If approved by the DOF, the Last and Final Recognized Obligation Payment Schedule will be binding on all p arties, and the Successor Agency will no longer submit a Recognized Obligation Payment Schedule to the DOF or the Oversight Board. The county auditor-controller will remit the authorized funds to the Successor Agency in accordance with the approved Last and Final Recognized Obligation Payment Schedule until each remaining enforceable obligation has been fully paid. A Last and Final Recognized Obligation Payment Schedule may only be amended twice, and only with approval of the DOF and the County Auditor-Controller. Even though the Successor Agency has received a Finding of Completion from the DOF (see “THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY—Status of Compliance With the Dissolution Act”), t he Successor Agency has no current plans to file a Last and Final Recognized Obligation Payment Schedule.
Payment of Amounts Listed on the Recognized Obligation Payment Schedule. As defined in the Dissolution Act, “enforceable obligation” includes bonds, including the required debt service, reserve set-asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency or the successor agency, as well as other obligations such as loans, judgments or settlements against the former redevelopment agency or the successor agency, any legally binding and enforceable agreement that is not otherwise void as violating the debt limit or public policy, cont racts necessary for the administration or operation of the successor agency, and, under certain circumstances, amounts borrowed from the successor agency’ s low and moderate income housing fund. As described under “INTRODUCTION —The Former Agency Obligation” the Former Agency Obligation, which includes the Infrastructure Note, has been included on the Successor Agency’s Recognized Obligation Payment Schedules that have been approved by the Oversight Board and the DOF. The payment on the Infrastructure Note from the proceeds of the Bonds has also been included on the Successor Agency’s most recent Recognized Obligation Payment Schedule, which has been approved by the Oversight Board and the DOF.
A reserve may be included on the Recognized Obligation Payment Schedule and held by the successor agency when required by a bond indenture or when the next property tax allocation will be insufficient to pay all obligations due under the provisions of the bonds for the next payment due in the following half of the calendar year.
Sources of Payments for Enforceable Obligations. Under the Dissolution Act, the categories of sources of payments for enforceable obligations listed on a Recognized Obligation Payment Schedule are the following: (i) bond proceeds, (ii) reserve b alances, (iii) administrative cost allowance (most successor agencies are entitled to receive $250,000, unless that amount is reduced by the applicable oversight board), (iv) the Redevelopment Property Tax Trust Fund (but only to the extent no other fundin g source is available or when payment from property tax revenues is required by an enforceable obligation or otherwise required under the Dissolution Act), or (v) other revenue sources (including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the redevelopment agency, as approved by the Oversight Board). Pursuant to SB 107, the functions of the oversight board were assumed by the Oversight Board established for all successor agencies within the County commencing on July 1, 2018.
The Dissolution Act provides that only those payments listed in the Recognized Obligation Payment Schedule may be made by a successor agency and only from the funds specified in the Recognized Obligation Payment Schedule.
EXHIBIT B
35 -18-
Order of P riority of Distributions from Redevelopment Property Tax Trust Fund. Typically, under the Redevelopment Property Tax Trust Fund distribution provisions of the Dissolution Act, and despite the provisions of the Dissolution Act which now provide for annual submissions by successor agencies of Recognized Obligation Payment Schedules (see discussion above under “Submission of Recognized Obligation Payment Schedules ”), a county auditor -controller is to distribute funds for each six-month period after deducting permitted administrative costs of the County Auditor -Controller pursuant to Section 34183(a) of the Dissolution Act (which are deducted from deposits to the Redevelopment Property Tax Trust Fund prior to making distributions), in the following order as specified in section 34183 of the Dissolution Act:
(i) first, subject to certain adjustments for subordinations to the extent permitted under the Dissolution Act, if any (as described above under “SECURITY FOR THE BONDS—Pass-Through Payments”) and no later than each January 2 and June 1, amounts required for pass -through payments such entity would have received under provisions of the Redevelopment Law, as those provisions read on January 1, 2011, including negotiated pass-through agreements and statutory pass-through obligations;
(ii) s econd, on each January 2 and June 1, to the successor agency for payments listed in its Recognized Obligation Payment Schedule, with debt service payments scheduled to be made for tax allocation bonds having the highest priority over payments scheduled for other debts and obligations listed on the Recognized Obligation Payment Schedule;
(iii) third, on each January 2 and June 1, to the successor agency for the administrative cost allowance, as defined in the Dissolution Act; and
(iv) fourth, on each Janua ry 2 and June 1, to taxing entities any moneys remaining in the Redevelopment Property Tax Trust Fund after the payments and transfers authorized by clauses (i) through (iii), in an amount proportionate to such taxing entity’s share of property tax revenues.
Failure to Submit a Recognized Obligation Payment Schedule. The Recognized Obligation Payment Schedule must be approved by the oversight board, and the oversight board-approved Recognized Obligation Payment Schedule must be submitted by a successor agency to the county auditor-controller and the DOF by February 1 of each year. If the successor agency does not submit a Recognized Obligation Payment Schedule by the applicable deadline, the city or county that established the former redevelopment agency will be subject to a civil penalty equal to $10,000 per day for every day the schedule is not submitted to the DOF. Additionally, if a successor agency does not submit a Recognized Obligation Payment Schedule within 10 days of the deadline, the successor age ncy’s maximum administrative cost for the applicable period is reduced by twenty-five percent.
However, the Dissolution Act provides that, if a successor agency fails to submit a Recognized Obligation Payment Schedule by the deadline, any creditor of the successor agency or any affected taxing entity shall have standing to, and may request a writ of mandate to, require the successor agency to immediately perform this duty. For additional information regarding procedures under the Dissolution Act relating to late Recognized Obligation Payment Schedules and implications thereof on the Bonds, see “RISK FACTORS—Recognized Obligation Payment Schedule.” To date, the Successor Agency has timely filed all required Oversight Board-approved Recognized Obligation Payment Schedules with the County Auditor-Controller and the DOF.
EXHIBIT B
36 -19-
SECURITY FOR THE BONDS
The Bonds are secured by a pledge of the Pledged Non-Housing Funds. However, only the Pledged Non -Housing Funds deposited to the Series A Debt Service Fund will be used to repay the Bonds. See “SECURITY FOR THE BONDS—Flow of Funds Under the Indenture” and “THE DUNES PORTION OF THE MERGED PROJECT AREAS.”
Pledge Under the Indenture
Except as explicitly provided otherwise in the Indenture, the Bonds, the 2020A Bonds, the 2018A Bonds and any additional Parity Debt are equally secured by a pledge and lien on all of the Pledged Non-Housing Funds and by a first and exclusive pledge and lien upon all of the moneys in the Interest Account, the Principal Account, the Sinking Account and the Redemption Account of the Series A Debt Service Fund without preference or priority for issue, number, dated date, sale date, date of execution or date of delivery. The Bonds (exclusive of the 2020A Bonds, 2018A Bonds and any additional Parity Debt) are also secured by an exclusive pledge of, security interest in and lien on amounts in the Capitalized Interest Fund and the 2023A Reserve Account within the Series A Debt Service Fund. Except for the Available Non -Housing Tax I ncrement Funds and such moneys, no funds or properties of the Successor Agency are pledged to, or otherwise liable for, the payment of principal of or interest or redemption premium (if any) on the Bonds.
In consideration of the acceptance of the Bonds by owners of the Bonds, the Indenture is deemed to be and constitutes a contract between the Successor Agency and the Trustee for the benefit of the Owners from time to time of the Bonds, and the covenants and agreements set forth in the Indenture to be performed on behalf of the Successor Agency are for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution and delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or in the Indenture.
Pledged Non-Housing Funds; Available Non-Housing Tax Increment Funds
As previously described, Tax Revenues from the Merged Project Areas are deposited to the Redevelopment Project Tax Trust Fund maintained by the County Auditor-Controller for the Successor Agency, who distributes the Pledged Non- Housing Funds from such fund semi- annually to the Successor Agency for deposit to the Successor Agency’s Redevelopment Obligation Retirement Fund . The Pledged Non-Housing Funds are remitted semi-annually by the Successor Agency from the Redevelopment Obligation Retirement Fund to the Trustee for deposit by the Trustee in the Series A Debt Service Fund held by the Trustee under the Indenture until the amount so remitted equals the amount to be transferred to the Series A Debt Service Fund in respect of the Interest Payment Date occurring during the related ROPS Payment Period, with any excess released semiannually from the lien of the Indenture. P ayments due on the Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt are made by the Trustee from the funds in the accounts in the Series A Debt Service Fund . See “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Historic and Estimated Pledged Non- Housing Funds.” See also Section 6.6 in APPENDIX G—FISCAL CONSULTANT’S REPORT for the manner in which the amount of the Available Non-Housing Tax Increment Funds are determined.
The term “Tax Revenues” is defined under the Indenture to mean the moneys deposited or available for deposit from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (b) of section 34170.5 of the Dissolution Act, as provided in paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act, after payment of (a)
EXHIBIT B
37 -20-
County administrative fees pursuant to section 34183(a) of the Dissolution Act, (b) the Statutory Pass-Through Amounts to the extent not subordinated to the Successor Agency’s obligation to repay the Bonds, and any pass- through obligations (statutory or negotiated) of the Successor Agency related to the Airport Project or the Marina Project, and (c) amounts payable by the Successor Agency on the 2000 Bonds. The outstanding principal amount of the 2000 Bonds is $320,000 with a maximum annual debt service obligation of $46,069 (see “SECURITY FOR THE BONDS—The 2000 Bonds”). If, and to the extent, that the provisions of section 34172 or paragraph (2) of subdivision (a) of section 34183 of the Dissolution Act are invalidated by a final judicial decision, the Indenture provides that Tax Revenues shall include all tax revenues allocated to the payment of indebtedness of the Successor Agency pursuant to section 33670 of the Law or such other section as may be in effect at the time providing for the allocation of tax increment revenues to the Successor Agency in accordance with Article XVI, Section 16 of the California Constitution.
Before it was amended by the Dissolution Act, the Redevelopment Law required the Former Agency to set aside not less than 20% of all tax increment generated in the Redevelopment Project into a low and moderate income housing fund to be used for the purpose of increasing, improving and/or preserving the supply of low and moderate income housing. These tax increment revenues were commonly referred to as “Housing Set-Aside.” The Dissolution Act eliminated the Housing Set -Aside requirement. Since a deduction for the Housing Set -Aside is no longer required, amounts that were previously required to be deposited in the housing fund are now included in Tax Revenues. The revenues pledged to the payment of the Series B Bonds under the Indenture (see “FINANCING PLAN —Related Obligation”) consist primarily of the former Housing Set-Aside Funds, which are explicitly not included in the Pledged Non-Housing Funds or the Available Non-Housing Tax Increment Funds.
Pledged Non-Housing Funds is defined in the Indenture as the sum of the Available Non- Housing Tax Increment Funds, together with Statutory Pass- Through Amounts allocable to the Dunes development that are payable to taxing entities (other than to the Fort Ord Reuse Authority) pursuant to Sections 33492.71 and 33492.78 of the Redevelopment Law that have been subordinated to the payment of the Bonds (see “SECURITY FOR THE BONDS —Pass-Through Payments”).
The term “Available Non-Housing Tax Increment Funds” is defined in the Indenture as the portion of the Tax Revenues annually allocated to the Successor Agency pursuant to Sections 33492.71(c)(1)(B) and 33492.71(c)(1)(D) of the Law from the Fort Ord Project and generated by the Dunes development, less the development’s annual proportionate share of: (i) the County administrative charge, (ii) the amount that would have been required, prior to the dissolution of the Former Agency, to be deposited in the Former Agency’s Low and Moderate Income Housing Fund, (iii) the Statutory Pass -Through Amounts payable to taxing entities (other than the City) pursuant to Sections 33492.71 and 33492.78 of the Law (see “SECURITY FOR THE BONDS—Pass Through Payments”), and (iv) the retention by the Successor Agency of ten perc ent of the sum remaining after subtracting amounts under (i) through (iii), above. Based on the foregoing, only the Pledged Non-Housing Funds attributable to the Dunes development will be used to make payments on the Bonds, in addition to earnings on funds held in the Series A Debt Service Fund.
The Successor Agency has covenanted and agreed in the Indenture to claim the full amount of the Pledged Non-Housing Funds, and the Indenture provides that it shall not seek or permit a deferral or reduction of or other exception to the allocation and payment of the Pledged Non-Housing Funds to the Successor Agency, all as provided in the Financing Plan. The Successor Agency has agreed in the Indenture to take all actions required of it under the Financing Plan to compute the Pledged Non-Housing Funds and the Available Non-Housing Tax Increment Funds and to make the transfers of Pledged Non -Housing Funds from the Redevelopment Obligation Retirement Fund to the Trustee as provided in the Indenture. See Section 6.6 of
EXHIBIT B
38 -21-
APPENDIX G —FISCAL CONSULTANT’S REPORT for the manner in which the Successor Agency periodically determines the amount of the Available Non-Housing Tax Increment Funds, and the Pledged Non-Housing Funds to be included on the ROPS.
Flow of Funds Under the Indenture
General. The Successor Agency previously established the Redevelopment Obligation Retirement Fund pursuant to section 34170.5(a) of the Dissolution Act and has agreed in the Indenture to hold and maintain the Redevelopment Obli gation Retirement Fund as long as any of the Bonds, the 2020A Bonds, the 2018A Bonds and any additional Parity Debt are Outstanding.
Deposit in Redevelopment Obligation Retirement Fund; Transfer to Series A Debt Service Fund.
The Indenture provides that the Successor Agency shall deposit the Tax Revenues received by it on any RPTTF Distribution Date into the Redevelopment Obligation Retirement Fund promptly upon receipt thereof by the Successor Agency, and promptly thereafter shall transfer amounts therein that constitute Pledged Non-Housing Funds (i) to the Trustee for deposit by the Trustee in the Series A Debt Service Fund established and held by the Trustee under this Indenture until such time during the then ROPS Payment Period as the amounts so transferred to the Series A Debt Service Fund equal the aggregate amounts required to be deposited by the Trustee into the Interest Account, the Principal Account, the Sinking Account, the 2018A Reserve Account, the 2020A Reserve Account, the 2023A Reserve Account and the Redemption Account of the Series A Debt Service Fund on the March 1 or September 1, as applicable, occurring during such ROPS Payment Period pursuant to the Indenture; and (ii) for deposit during the then ROPS Payment Period in the funds and accounts established with respect to additional Parity Debt, as provided in any Supplemental Indenture.
The portion of the Tax Revenues that are not Pledged Non-Housing Funds are in no way pledged to the payment of the Bonds or any Parity Debt and are not to be deposited by the Successor Agency to the Series A Debt Service Fund (and if for any reason any have been so deposited they may be removed therefrom).
Except as may otherwise be required by the provisions of the Indenture with respect to the possible distribution of Tax Revenues in respect of reserves to assure timely payment of the Bonds (see APPENDIX A—SUMMARY OF CERTAIN PROVISIONS OF THE INDENTURE) and as a possible consequence of Redevelopment Plan limitations (see “THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY— Plan Limits”), any Pledged Non -Housing Funds received by the Successor Agency and held in the Redevelopment Obligation Retirement Fund following each RPTTF Distribution Date, to the extent remaining after making the transfers provided for in the second preceding paragraph to the Series A Debt Service Fund in respect of the Interest Payment Date occurring during the related ROPS Payment Period, are released from the pledge and lien under the Indenture which secures the Bonds (including the 2018A Bonds , the 2020A Bonds and any additional Parity Debt) and will be applied by the Successor Agency as provided in the Former Agency Obligation (or, upon expiration or satisfaction in full of the Former Agency Obligation, as provided in the Law).
Deposit of Amounts by Trustee – Series A Debt Service Fund . There is established under the Indenture a trust fund to be known as the Series A Debt Service Fund, which will be held by the Trustee under the Indenture in trust. Except with respect to funds to be used to optionally redeem the Bonds (which shall be deposited directly to the Redemption Account), moneys in the Series A Debt Service Fund will be transferred by the Trustee in the following amounts, at the following times to the following respective special accounts within the Series A Debt Service Fund, in the following order of priority:
EXHIBIT B
39 -22-
Interest Account. On or before the Business Day preceding each Interest Payment Date, the Trustee shall transfer funds from the Series A Debt Service Fund for deposit in the Interest Account an amount which, when added to the amount contained in the Interest Account on that date and any amount to be transferred from the Capitalized Interest Fund to the Interest Account for that date, will be equal to the aggregate amount of the interest becoming due and payable on the Outstanding Bonds , the 2018A Bond s, the 2020A Bonds and any additional Parity Debt on such Interest Payment Date. No such transfer and deposit need be made to the Interest Account if the amount contained therein is at least equal to the interest to become due on the next succeeding Intere st Payment Date upon all of the Outstanding Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt. Subject to the provisions of the Indenture, all moneys in the Interest Account will be used and withdrawn by the Trustee solely for the purp ose of paying the interest on the Outstanding Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt as it becomes due and payable (including accrued interest on any Bonds, 2018A Bonds, the 2020A Bonds and additional Parity Debt redeemed pr ior to maturity pursuant to the Indenture).
Principal Account. On or before the Business Day preceding each March 1 Interest Payment Date, the Trustee shall transfer funds from the Series A Debt Service Fund for deposit in the Principal Account an amount equal to sixty percent of the principal payments coming due and payable on the Outstanding Bonds, the 2020A Bonds, the 2018A Bonds and any additional Parity Debt on the next September 1, to the extent of any monies on deposit in the Series A Debt Service F und available therefor. On or before the Business Day preceding each September 1 Interest Payment Date, the Trustee shall transfer funds from the Series A Debt Service Fund for deposit in the Principal Account an amount equal to the difference between the amount due and payable on the Outstanding Bonds, the 2020A Bonds, the 2018A Bonds and any additional Parity Debt on the next September 1 and the amount then on deposit in the Principal Account, to the extent of any monies on deposit in the Series A Debt Service Fund available therefor. No such transfer and deposit need be made to the Principal Account if the amount contained therein is at least equal to the principal payments to become due on the next September 1 on all Outstanding Bonds , 2020A Bonds, 2018A Bonds and any additional Parity Debt.
Subject to the provisions of the Indenture, all moneys in the Principal Account will be used and withdrawn by the Trustee solely for the purpose of paying the principal payments of the Bonds, the 2020A Bonds, the 2018A Bonds and any additional Parity Debt as it becomes due and payable.
Sinking Account. On or before the Business Day preceding each March 1 Interest Payment Date, commencing with the first such date which is six months prior to the date on which principal (or any mandatory sinking payment) is due on any of the Bonds, the 2020A Bonds or the 2018A Bonds that are Term Bonds or additional Parity Debt that constitutes Term Bonds, the Trustee shall transfer funds from the Series A Debt Service Fund for deposit in the Sinking Account an amount equal to sixty percent of the sinking account payments becoming due and payable on any Bonds, 2020A Bonds, 2018A Bonds and any additional Parity Debt that constitute Term Bonds on the next September 1, to the extent of any monies on deposit in the Series A Debt Service Fund available therefor. On or before the Business Day preceding each September 1 Interest Payment Date, commencing with the first such date on which principal (or any mandatory sinking payment) is due on any Bonds, 2020A Bonds, 2018A Bonds or additional Parity Debt that are Term Bonds, the Trustee shall transfer funds from the Series A Debt Service Fund for deposit in the Sinking Account an amount equal to the difference between the amount due and payable on the Outstanding Bonds , 2020A Bonds, 2018A Bonds and any additional Parity Debt that constitute Term Bonds on the next September 1 and the
EXHIBIT B
40 -23-
amount then on deposit in the Sinking Account, to the extent of any monies on deposit in the Series A Debt Servic e Fund available therefor. No such transfer and deposit need be made to the Sinking Account if the amount contained therein is at least equal to the sinking account payments to become due on the next September 1 on all Outstanding Bonds, 2020A Bonds, 2018A Bonds and any additional Parity Debt that constitute Term Bonds. Subject to the Indenture, all moneys in the Sinking Account will be used and withdrawn by the Trustee solely for the purpose of paying the aggregate principal amount of the Term Bonds that are Bonds , 2020A Bonds, 2018A Bonds or additional Parity Debt required to be redeemed on such September 1 pursuant to the provisions of the Indenture or the document providing for the issuance of the related additional Parity Debt that constitutes Term Bonds.
Reserve Accounts. If, on the Business Day before any Interest Payment Date, the amount in the 2018A Reserve Account is less than the Reserve Requirement for the 2018A Bonds, the amount in the 2020A Reserve Account is less than the Reserve Requirement for the 2020A Bonds or the amount in the 2023A Reserve Account is less than the Reserve Requirement for the Bonds, respectively, or the amount in any reserve account established for any additional Parity Debt is less than the applicable reserve requirement for such additional Parity Debt, the Trustee shall transfer funds from the Serie s A Debt Service Fund to the 2018SReserve Account , the 2020A Reserve Account, the 2023A Reserve Account and any such reserve account for any additional Parity Debt in the amount of the respective short fall. If there shall then not be sufficient funds in the Series A Debt Service Fund to transfer an amount sufficient to maintain the Reserve Requirement for the 2018A Bonds on deposit in the 2018AReserve Account, the amount in the 2020A Reserve Account to maintain the Reserve Requirement for the 2020ABonds, the amount in the 2023A Reserve Account to maintain the Reserve Requirement for the Bonds, and any reserve requirement for any additional Parity Debt on deposit in a reserve account for such additional Parity Debt, the Trustee shall transfer the available funds from the Series A Debt Service Fund to the 2018AReserve Account, the 2020A Reserve Account, the 2023A Reserve Account and each such reserve account for any additional Parity Debt pro rata (based on the amounts of the then Reserve Requirements for the 2018A Bonds, the 2020A Bonds and for the Bonds, respectively, and any reserve requirement for outstanding Parity Debt), and the Trustee shall be obligated to continue making transfers as funds become available in the Series A Debt Service Fund pro rata until there is an amount sufficient to maintain the Reserve Requirement for the 2018A Bonds , the Reserve Requirement for the 2020A Bonds and the Reserve Requirement for the Bonds on deposit in the 2018AReserve Account , the 2020A Reserve Account and the 2023A Reserve Account, respectively, and to maintain the reserve requirement for additional Parity Debt on deposit in the reserve account for such Parity Debt. No such transfer and deposit need to be made to (i) the 2018A Reserve Account so long as there shall be on deposit therein a sum at least equal to the Reserve Requirement for the 2018A Bonds, (ii) the 2020A Reserve Account so long as there shall be on deposit therein a sum at least equal to the Reserve Requirement for the 2020A Bonds, (iii) the 2023A Reserve Account so long as there shall be on deposit in the 2023A Reserve Account a sum at least equal to the Reserve Requirement for the Bonds, or (iv) any reserve account for any additional Parity Debt so long as there shall be on deposit therein a sum at least equal to the reserve requirement for such Parity Debt.
Redemption Account. On or before any date on w hich Bonds, the 2020A Bonds, the 2018A Bonds or any additional Parity Debt are to be redeemed pursuant to the optional redemption provisions of the Indenture, the Trustee shall withdraw from the Series A Debt Service Fund and transfer to the Redemption Account an amount required to pay the principal of and interest on the Bonds , the 2020A Bonds, the 2018A Bonds or
EXHIBIT B
41 -24-
any additional Parity Debt to be redeemed on such date, taking into account any funds then on deposit in the Redemption Account. The Trustee shall also deposit in the Redemption Account any other amounts received by it from the Successor Agency designated by the Successor Agency in writing to be deposited in the Redemption Account of the Series A Debt Service Fund. All moneys in the Redemption Account shall be used and withdrawn by the Trustee solely for the purpose of paying the principal of and interest on the Bonds, the 2020A Bonds, the 2018A Bonds or any additional Parity Debt to be redeemed on the respective dates set for such redemption.
Reserve Account
The Indenture establishes a 2023A Reserve Account within t he Series A Debt Service Fund, amounts in which only secure payment of the Bonds. On the Closing Date, Bond proceeds in an amount equal to the Reserve Requirement for the Bonds will be deposited to the 2023A Reserve Account . The Reserve Requirement for the Bonds is defined in the Indenture as an amount, as of any date of calculation, equal to the least of (a) Maximum Annual Debt Service on the Bonds (not including the 2018A Bonds , the 2020A Bonds or any additional Parity Debt) for the then current or every subsequent Bond Year, (b) 125% of average Annual Debt Service on the Bonds (not including the 2018A Bonds, the 2020A Bonds or any additional Parity Debt) for the then current and every subsequent Bond Year, and (c) 10% of the original principal amount of the Bonds (without regard to the 2018A Bonds, the 2020A Bonds or any additional Parity Debt).
If, on any Interest Payment Date, the moneys available in the Intere st Account, Principal Account and/or the Sinking Account of the Series A Debt Service Fund do not equal the amount of the principal and interest on the Bonds (not including the 2018A Bonds, the 2020A Bonds or any additional Parity Debt) then coming due and payable, the Trustee shall apply any moneys available in the 2023A Reserve Account to make delinquent amounts with respect to the Bonds by transferring the amount necessary for this purpose to the Interest Account, the Principal Account and/or the Sinking Account, in that order, of the Series A Debt Service Fund.
Under the Indenture, amounts in the 2023A Reserve Account will be used and withdrawn by the Trustee solely for the purpose of making transfers to the Interest Account, the Principal Account and the Sinking Account of the Series A Debt Service Fund as described in the preceding paragraph or for the retirement of all the Bonds then Outstanding, except that so long as no Event of Default has occurred and is then continuing under the Indenture, any amount in the 2023A Reserve Account in excess of the Reserve Requirement for the Bonds (as det ermined by the Trustee based upon a valuation of investments held in such account performed in accordance with the Indenture) will be withdrawn from the 2023A Reserve Account semiannually on or before the second Business Day preceding each Interest Payment Date by the Trustee and deposited in the Interest Account of the Series A Debt Service Fund. Pursuant to the Indenture, all amounts in the 2023A Reserve Account on the second Business Day preceding the final Interest Payment Date will be withdrawn from the 2023A Reserve Account and will be transferred either (i) to the Interest Account , the Principal Account and the Sinking Account of the Series A Debt Service Fund, in such order, to the extent required to make the deposits required to be made on such Interest Payment Date pursuant to the Indenture, or (ii) if the Successor Agency shall have caused to be transferred to the Trustee an amount sufficient to make such deposits then, at the Written Request of the Successor Agency, to the Successor Agency to be applied by the Successor Agency as provided in the Former Agency Obligation (or, upon expiration or satisfaction in full of the Former Agency Obligation, as provided in the Law).
The Indenture provides for (a) a reserve account, and the amount therein is e xclusively pledged as security for the 2023A Bonds, (a) a reserve account, and the amount therein is exclusively pledged as security for the 2020A Bonds, and (c) a reserve account, and the amount
EXHIBIT B
42 -25-
therein is exclusively pledged as security for the 2018A Bonds. The Successor Agency may, but is not required, to establish reserve accounts in connection with the issuance of any additional Parity Debt. Any such reserve account would only secure the payment of the related additional Parity Debt and would not be available to make payments on the Bonds.
Limited Obligation
The Bond s are not a debt of the City, the County, the State or any of their political subdivisions except the Successor Agency, and none of the City, the County, the State or any of their political subdivisions except the Successor Agency are liable therefor. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. No member of the Board of Directors of the Successor Agency or of the Oversight Board, or member of the Board of Supervisors of the County, shall be individually or personally liable for the payment of the principal of or interest or redemption premium (if any) on the Bonds.
The Bonds are only payable from the Pledged Non-Housing Funds, amounts in the Capitalized Interest Fund and in vestment earnings on amounts in the accounts within the Series A Debt Service Fund. See “SECURITY FOR THE BONDS.”
Recognized Obligation Payment Schedules
Dissolution Act Covenant by the Successor Agency. The Successor Agency has covenanted in the Indenture that it will comply with the requirements of the Dissolution Act necessary so as to not materially adversely affect the payment of and security for the Bonds.
In the Indenture the Successor Agency covenants and agrees that it will take all actions required under the Dissolution Act to include scheduled debt service on the Bonds and any Parity Debt (including, without limitation, any mandatory sinking fund redemption payments), as well as any amount required under the Indenture to replenish the Reserve Account, in Recognized Obligation Payment Schedules for each ROPS Period so as to enable the County’s Auditor - Controller to distribute from the Redevelopment Property Tax Trust Fund to the Redevelopment Obligation Retirement Fund on each RPTTF Distribution Date amounts required for the Successor Agency to pay principal of, and interest on, the Bonds and any Parity Debt coming due in the respective ROPS Payment Period corresponding to such RPTTF Distribution Date pursuant to the Dissolution Act (including but not limited to Section 34177 therein).
Without limiting the generality of the foregoing, the Successor Agency additionally covenants and agrees that, on or before February 1 of each year (or at such other time as may be required by the Dissolution Act) for so long as any Bonds or any Parity Debt remain outstanding, the Successor Agency will submit to the California Department of Finance and to the County’s Auditor-Controller an Oversight Board-approved ROPS that provides for the distribution of the following amounts (but only to the extent that such amounts do not exceed the Available Non- Housing Tax Increment Funds, and only to the extent that other amounts on deposit in the Redevelopment Property Tax Trust Fund or the Redevelopment Obligation Retirement Fund reserved for payment of debt service on the Bonds or any Parity Debt or on deposit in the Series A Debt Service Fund with respect to the Bonds are insufficient therefor):
(i) for distribution on each June 1: from the Pledged Non-Housing Funds, all interest coming due and payable on the Bonds and any Parity Debt on the next succeeding September 1, an amount equal to the principal amount coming due and payable on the Bonds and any Parity Debt on the next September 1 , less any amount then on deposit in the Principal Account (with respect to principal due on the Bonds and any Parity Debt) and in the Sinking Account (with respect to sinking fund payments or principal due on
EXHIBIT B
43 -26-
the Bonds and any Parity Debt that are Term Bonds) of the Series A Debt Service Fund by reason of the amount described in clause (ii) below; and
(ii) for distribution on each January 2: from the Pledged Non-Housing Funds, all interest coming due and payable on the Bonds and any Parity Debt on the next succeeding March 1, and sixty percent (60%) of the principal amount (including any sinking fund payments) coming due and payable on the Bonds and any Pari ty Debt on the next September 1; and
(iii) if the Successor Agency determines it is necessary to en sure timely payment of debt service on the Bonds or any Parity Debt, the Successor Agency may also collect on each January 2 or June 1, as necessary, a reserve to be held for debt service on the Bonds and any Parity Debt on March 1 and September 1 of the n ext succeeding calendar year; and
(iv) any amounts required to replenish the Reserve Account , and any reserve account established under any Parity Debt instrument.
In addition, the Successor Agency covenants that, if the amount of Pledged Non-Housing Funds expected to be available with respect to a ROPS Payment Period will be insufficient to pay required debt service on the Bonds and any Parity Debt and all other required amounts payable from the Redevelopment Obligation Retirement Fund during such ROPS Payment Period, it shall, on or before the May 1 or December 1, as applicable, preceding such ROPS Payment Period (or such other date as otherwise may be specified in the Dissolution Act), file a Notice of Insufficiency with the County Auditor- Controller in accordance with the Dissolution Act (including, but not limited to, paragraph (b) of Section 34183 therein).
The Indenture also obligates the Successor Agency to include on the ROPS amounts due on the Series B Bonds to the extent of the Available LMIHF Funds at times and in respective amounts similar to those described in the second preceding paragraph above.
County Administrative Fees
Chapter 466, Statutes of 199 0 (referred to as SB 2557), permits the County to withhold a portion of annual tax revenues for the recovery of County charges related to property tax administration services to cities in an amount equal to their property tax administration costs proportionately attributable to cities. SB 2557, and subsequent legislation under SB 1559 (Statutes of 1992), permitted counties to charge all jurisdictions, including redevelopment agencies, on a year-to-year basis. Section 34182(a)(3) of the California Health and Safety Code also provides for recovery of county costs in connection with performing duties related to the dissolution of redevelopment agencies. The Fiscal Consultant has advised that the fiscal year 2021-22 charges allocable to the Fort Ord Project (in which the Dunes development is located) equated to approximately 1.53% of the secured and unsecured Redevelopment Property Tax Trust Fund revenues of the Fort Ord Project, and that the Fiscal Consultant’s projections of Available Non- Housing Tax Increment Funds assume that such administrative costs will continue to be charged at approximately the same percentage in the current and future fiscal years. The Fiscal Consultant has deducted such amounts in determining the Pledged Non-Housing Funds expe cted to be available to make payments on the Bonds.
Pass-Through Payments
The Successor Agency is obligated to remit certain Statutory Pass -Through Amounts to various taxing agencies from tax revenues allocable to the Successor Agency. The Successor
EXHIBIT B
44 -27-
Agency has taken all actions necessary to subordinate the pass through payments to all taxing agencies applicable to the determination of Pledged Non-Housing Funds , other than as are allocable to pay obligations of the former Fort Ord Reuse Authority (“FORA”), to the payments due on the Bonds. The pass- through payment obligations for the Fort Ord Project constituting Statutory Pass-Through Amounts that reduce the Pledged Non-Housing Funds are determined pursuant to the Fort Ord section of Redevelopment Law , constituting California Health and Safety Code sections 33492.71 and 33492.78. Pass-through payment obligations applicable to the Marina Project Area and Airport Project Area do not affect the determination of Pledged Non- Housing Funds. Accordingly, the Fiscal Consultant has deducted only the pass through payments allocable to FORA for purposes of the revenue projections presented in the Fiscal Consultant’s Report and in Table 8 under the heading “DUNES PORTION OF THE MERGED PROJECT AREA —Projected Pledged Non-Housing Funds and E stimated Debt Service Coverage,” and pass through payments to other taxing agencies are not deducted.
See Section 3.2 of APPENDIX G —FISCAL CONSULTANT’S REPORT for a detailed description of the FORA Statutory Pass -Through Payments. Pursuant to Section 67700 of the California Government Code, FORA was dissolved on June 30, 2020. California Health and Safety Code section 33492.71 provides that the FORA Statutory Pass-Through Payments will continue to be allocated for payment of principal and interest on FORA’s outstanding obligations as of the date of its dissolution. Funds not needed for such obligations are redistributed with 38% allocated to the County, 8% to other taxing agencies, and 54% available to the Successor Agency for payment of enforceable obligations, including the Bonds, the 2018A Bonds, the 2020A Bonds and any additional Parity Debt.
FORA issued its Tax Allocation Bonds, Series 2020 (“FORA Bonds”), secured by FORA‘s share of Redevelopment Property Tax Trust Fund revenues derived from two former redevelopment project areas, the Fort Ord Project Area in the City of Marina and a separate project area encompassing a portion of the former Fort Ord within the City of Seaside. Proceeds of the FORA Bonds are designated primarily for funding removal of blighted former military buildings, including from properties proximate to the Dunes development. Debt service on the FORA Bonds extends through 2037 and is projected to be paid using FORA’s share of Redevelopment Property Tax Trust Fund revenues allocated through fiscal year 2036 -37. Under the terms of the indenture for the FORA Bonds, funds not needed for debt service are released in September of each year for redistribution in accordance with section 33492.71 of the California Health and Safety Code. For purposes of the projections presented on Tables 6.0 to 7.3 in APPENDIX G —FISCAL CONSULTANT’S REPORT and in Table 8 under the heading “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Projected Pledged Non -Housing Funds and Estimated Debt Service Coverage,” FORA funds derived from the Dunes development that are not needed for debt service on the FORA Bonds are assumed to be released for redistribution (“Released FORA Funds”). Released FORA Funds are projected based on the calculated FY 2022-23 FORA pass through amount, less debt service on the FORA Bonds , less a proportionate share of specified administrative expenses payable from Released FORA Funds, estimated at $ 10,000 per year. Released FORA Funds are projected by the Fiscal Consultant commencing in fiscal year 2021 -22 based on the projected FORA pass through amount in the preceding fiscal year and the 1.25 initial debt service coverage ratio applicable to the FO RA Bonds, less a proportionate share of specified administrative expenses that are payable from Released FORA Funds, estimated at $4,000 per year. A portion of the proceeds of the FORA Bonds will remain in an escrow and may be released to fund building rem oval activities, subject to a debt service coverage ratio requirement of 1.25 and if not so released will be used to redeem a portion of the FORA Bonds on December 1, 2025. Release of escrowed funds is not assumed and is reflected for purposes of Table s 21 to 23 projections in APPENDIX G —FISCAL CONSULTANT’S REPORT and in Table 8 under the heading “THE DUNES PORTION OF THE MERGED PROJECT AREAS—Projected Pledged Non-Housing.”
EXHIBIT B
45 -28-
The 2000 Bonds
The 2000 Bonds were issued prior to the fiscal merger of the Merged Project Areas and are secured by a pledge of Redevelopment Property Tax Trust Fund revenues derived from the Airport Project only. The outstanding principal of the 2000 Bonds is $ 320,000, the maximum annual debt service on the 2000 Bonds is $46,069, and the final maturity of the 2000 Bonds is January 1, 203 1. While payments on the 2000 Bonds are deducted from the amount of Tax Revenues generated by the Merged Project Areas available for inclusion in the Pledged Non- Housing Funds, payments on the 2000 Bonds are not expected to affect the amount of Pledged Non-Housing Funds because Redevelopment Property Tax Trust Fund revenues derived from the Airport Project and the Marina Project are sufficient to pay debt service on the 2000 Bonds without utilizing any such revenues derived from the Fort Ord Project in which the Dunes development is located. The Fiscal Consultant has advised that in fiscal year 2021-22, net Redevelopment Property Tax Trust Fund revenues from the Airport Project and Marina Project were approximately $1,443,000, which is well in excess of the $ 46,069 maximum annual debt service for the 2000 Bonds. Accordingly, payments on the 2000 Bonds have not been deducted by the Fiscal Consultant from Pledged Non-Housing Funds for purposes of its revenue projections in the Fiscal Consultant’s Report, and for purposes of Table 8 under the heading “DUNES PORTION OF THE MERGED PROJECT AREA —Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage.”
Parity Debt
“Parity Debt ” means any loan, advances or indebtedness issued or incurred by the Successor Agency, secured by a pledge of Pledged Non-Housing Funds on a parity with the Bonds, the 2020A Bonds and the 2018A Bonds pursuant to the Indenture. The Indenture permits the issuance of Parity Debt but only (i) to make payments on the Infrastructure Note, as permitted under section 34177.5(a)(4) of the Law; or (ii) to refund the Bonds, the 2020A Bonds, the 2018A Bonds or previously issued other Parity Debt, in such principal amount as shall be determined by the Successor Agency, as permitted by section 34177.5(a)(1) of the Law; in each case pursuant to a separate or Supplemental Indenture adopted or enter ed into by the Successor Agency and Trustee. The Bonds constitute Parity Debt under the provisions of the Indenture.
The Successor Agency may issue or incur additional Parity Debt subject to the following specific conditions precedent:
(a) The Successor Agency shall be in compliance with all covenants set forth in the Indenture and in any then effective Supplemental Indenture;
(b) If required by the Law, the Oversight Board shall have approved the issuance of the Parity Debt;
(c) The Parity Debt will be on such terms and conditions as may be set forth in a Supplemental Indenture, which will provide for the issuance of bonds substantially in accordance with the Indenture;
(d)(i) If the Parity Debt is issued pursuant to section 34177.5(a)(1) of the Law, receipt of a certificate or opinion of an Independent Financial Consultant stating that the total net interest cost to maturity of the Parity Debt plus the principal amount of the Parity Debt will not exceed the total net interest cost to maturity of the Bonds or previously issued Parity Debt to be refunded plus the principal amount of the Bonds or previously issued Parity Debt to be refunded.
EXHIBIT B
46 -29-
(ii) If the Parity Debt is to be issued pursuant to section 34177.5(a)(4) of the Law, the Available Non-Housing Tax Increment Funds for the most recently completed Fiscal Year, less (A) the portion of the Available Non-Housing Tax Increment Funds attributable to the amount of assessed value in the Dunes development being appealed by the Developer and any party related to it which appeal or appeals have not yet been resolved, less (B) the portion of the Available Non-Housing Tax Increment Funds attributable to the assessed value being appealed with respect to any property in the Dunes development not owned by the Developer or any party related to it which appeal or appeals have not yet been resolved, equal to the average percentage decrease in assessed value applicable to appeals filed for property within the Dunes development resolved within the prior five years, less (C) the portion of the Available Non-Housing Tax Increment Funds attributable to the assessed value in the Dunes development for which appeals have been resolved in favor of the respective property owner(s) but have not yet been deducted from the assessed value used to determine the Available Non-Housing Tax Increment Funds, based upon the actual amount of assessed value to be reduced, plus (D) the Additional Revenues (as defined in the Financing Plan), and plus (E) future revenues that are to be allocated to the Successor Agency pursuant to Section 34392.71(c)(1)(D) of the Law, shall be at least equal to 115 percent of the Maximum Annual Debt Service on any then outstanding Bonds, 2018A Bonds, 2020A Bonds and Parity Debt, together with the then proposed Parity Debt.
(e) The Parity Debt will mature on and interest will be payable on the same dates as the Bonds (except the first interest payment may be from the date of the Parity Debt until either the next succeeding March 1 or September 1); and
(f) The issuance of such Parity Debt shall not cause the Successor Agency to exceed any applicable Plan Limitations.
(g) The Successor Agency shall deliver to the Trustee a Written Certificate of the Successor Agency certifying that the conditions precedent to th e issuance of such Parity Debt described in paragraphs (a), (b), (c), (d), (e), and (f) above have been satisfied.
For the purposes of clause (ii) of paragraph (d) above, “Additional Revenues” is defined in the Financing Plan as of any date of calculation, as the amount of Available Non-Housing Tax Increment Funds which, as shown in a report of an independent redevelopment consultant, is estimated to be receivable by the Successor Agency within the Fiscal Year following the Fiscal Year in which such calculation is made as a result of increases in the assessed valuation of taxable property in the Fort Ord Project due to either (i) construction which has been completed and for which a certificate of occupancy has been issued by the City or other appropriate governmental entity but which is not then reflected on the tax rolls, or (ii) transfer of ownership or any other interest in real property which has been recorded but which is not then reflected on the tax rolls.
For purposes of the foregoing, the term “increases in the assessed valuation” means the amount by which the assessed valuation of taxable property in the Fort Ord Project is estimated to increase above the assessed valuation of taxable property in the Fort Ord Project (as evidenced in the written records of the County) as of the date on which such calculation is made.
As of the date of issuance of the Bonds, all of the foregoing requirements for the issuance of Parity Debt will be satisfied with respect to the Bonds, and the Successor Agency will deliver the Written Certificate described in paragraph (g) above to the Trustee with respect to the Bonds.
As mentioned under the headings “INTRODUCTION—The Former Agency Obligation,” “INTRODUCTION—Additional Parity Debt,” and “FINANCING PLAN— The Infrastructure
EXHIBIT B
47 -30-
Note” the Successor Agency is obligated by the Financing Plan to incur additional Parity Debt from time to time during the Payment Obligation Period, subject to the provisions of the Financing Plan. The Financing Plan requires that the term of any additional Parity Debt be not less than twenty years, and the Developer has agreed that the Available Non -Housing Tax Increment Funds, less the deductions and plus the addition referred to in clauses (A), (B), (C), (D) and (E) of subsection (d)(ii) of the second preceding paragraph, all as projected by the Successor Agency’s fiscal consultant , be not less than 115% of the maximum annual debt service on the Bonds, the 2018A Bonds, the 2020A Bonds, any other outstanding Parity Debt and the proposed Parity Debt. The net proceeds of any additional Parity Debt will be used to make a lump sum payment of principal owing on the Infrastructure Note. The Successor Agency cannot predict when and in what amounts additional Parity Debt will be issued, as it will depend primarily upon the continued development of the Dunes project.
Series B Bonds
The Indenture provides for the issuance of the Series B Bonds . The Series B Bonds are separately secured under the Indenture and are payable from Available LMIHF Funds that are not pledged to the payment of the Bonds . While the Available LMIHF Funds pledged to the payment of the Series B Bonds are derived from the Tax Revenues, they are not available for the payment of debt service on the Bonds. The Available Non-Housing Tax Increment Funds are not available for payment on the Series B Bonds. See “FINANCING PLAN—Related Obligation.”
PROPERTY TAXATION IN CALIFORNIA
Property Tax Collection Procedures
Classification. In the State, property which is subject to ad valorem taxes is classified as “secured” or “unsecured.” Secured and unsecured property are entered on separate parts of the assessment roll maintained by the County assessor. The secured classification includes property on which any property tax levied by a county becomes a lien on that property. A tax levied on unsecured property does not become a lien against the taxed unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on secured property has priority over all other liens on the secured property arising pursuant to State law, regardless of the time of the creation of other liens.
Generally, ad valorem taxes are collected by a county (the “Taxing Authority”) for the benefit of the various entities (e.g., cities, schools and special districts) that share in the ad valorem tax (each a taxing entity) and successor agencies eligible to receive distributions from the respective Redevelopment Property Tax Trust Funds.
Collections. Secured and unsecured property are entered separately on the assessment roll maintained by the county assessor. The method of collecting delinquent taxes is substantially different for the two classifications of property. The taxing authority has four ways of collecting unsecured personal property taxes: (i) initiating a civil action against the taxpayer, (ii) filing a certificate in the office of the county clerk specifying certain facts in order to obtain a judgment lien on certain property of the taxpayer, (iii) filing a certificate of delinquency for record in the county recorder’s office to obtain a lien on certain property of the taxpayer, and (iv) seizing and selling personal property, improvements or possessory interests belonging or assessed to the assessee. The exclusive means of enforcing the payment of delinquent taxes with respect to property on the secured roll is the sale of the property securing the taxes to the State for the amount of taxes which are delinquent.
EXHIBIT B
48 -31-
Penalty. A 10% penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. In addition, property on the secured roll on which taxes are delinquent is declared in default by operation of law and declarat ion of the tax collector on or about June 30 of each fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and the delinquency penalty, plus a redemption penalty of 1.5% per month to the time of redemption. If taxes are u npaid for a period of five years or more, the property is deeded to the State and then is subject to sale by the county tax collector. A 10% penalty also applies to delinquent taxes with respect to property on the unsecured roll, and further, an additional penalty of 1.5% per month accrues with respect to such taxes beginning on varying dates related to the tax bill mailing date.
Delinquencies. The valuation of property is determined as of the January 1 lien date as equalized in August of each year and equ al installments of taxes levied upon secured property become delinquent on the following December 10 and April 10. Taxes on unsecured property are due January 1 and become delinquent August 31.
Supplemental Assessments. California Revenue and Taxation Code section 75.70 provides for the reassessment and taxation of property as of the occurrence of a change of ownership or completion of new construction. Such reassessment is referred to as the Supplemental Assessment and is determined by applying the current year ’s tax rate to the amount of the increase or decrease in a property’s value and prorating the resulting property taxes to reflect the portion of the tax year remaining as determined by the date of the change in ownership or completion of new construction. Supplemental Assessments become a lien against real property.
Prior to the enactment of this law, the assessment of such changes was permitted only as of the next tax lien date following the change, and this delayed the realization of increased property taxes from the new assessments for up to 14 months. Since fiscal year 1984-85, revenues derived from Supplemental Assessments have been allocated to redevelopment agencies and taxing entities in the same manner as the general property tax. The receipt of Supplemental Assessment revenues by taxing entities typically follows the change of ownership by a year or more. This statute provides increased revenue to the Redevelopment Property Tax Trust Fund to the extent that supplemental assessments of new construction or changes of ownership occur within the boundaries of redevelopment projects subsequent to the January 1 lien date. If a change in ownership results in a decrease in assessed value, a negative supplemental assessment may occur, requiring a refund of taxes paid to the property owner. Supplemental Assessments have not been included in the Fiscal Consultant ’s projections of Pledged Non-Housing Funds to pay debt service on the Bonds.
County Property Tax Collection and Administrative Costs. In 1990, the Legislature enacted SB 2557 (Chapter 466, Statutes of 1990) which allows counties to charge for the cost of assessing, collecting and allocating property tax revenues to local government jurisdictions in proportion to the tax- derived revenues allocated to each. SB 1559 (Chapter 697, Statutes of 1992) explicitly includes redevelopment agencies among the jurisdictions which are subject to such charges. In addition, sections 34182(e) and 34183(a) of the Dissolution Act allow administrative costs of the County Auditor-Controller for the costs of administering the provisions of the Dissolution Act.
For fiscal year 2021-22, the County charges were approximately 1.53% of secured and unsecured Redevelopment Property Tax T rust Fund revenues for the Fort Ord Project . Based on the collection charges for fiscal year 2021-22, the Fiscal Consultant projects the charge for fiscal year 2022-23 and future fiscal years as a percentage of secured and unsecured Redevelopment Property Tax Trust Fund revenues for the Fort Ord Project will remain at 1.53%. For purposes of the Fiscal Consultant’s projections of Available Non-Housing Tax Increment Funds available to pay debt service on the Bonds, the Fiscal Consultant assumed that the County will continue to charge the Successor Agency for property tax collection and administration and that such charge
EXHIBIT B
49 -32-
will increase proportionally with any increases in Redevelopment Property Tax Trust Fund revenue.
Levy and Collection of Taxes. The Successor Agency has no independent power to levy and collect property taxes. Any reduction in the tax rate or the implementation of any constitutional or legislative property tax decrease could reduce the Tax Revenues, and accordingly, could have an adverse impact on the ability of the Successor Agency to repay the Bonds. Likewise, delinquencies in the payment of property taxes and the impact of bankruptcy proceedings on the legal ability of taxing agencies to collect property taxes could hav e an adverse effect on the Successor Agency’s ability to make timely Bond payments. Collection of property taxes in the County is not subject to the “Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds,” as provided for in Section 4701 et seq. of the California Revenue and Taxation Code (known as the “Teeter Plan”). Accordingly, collections of property taxes will reflect actual delinquencies, if any. Delinquencies and redemption payments are allocated on a Countywide basis in accordance with the AB 8 property tax apportionment factor for each taxing agency and each successor agency RPTTF fund. The allocation is made without regard to the specific location or tax rate area within which delinquencies or redemption payments apply.
See Section 6.4 of the Fiscal Consultant’s Report for a table showing computed tax levies and allocated Redevelopment Property Tax Trust Fund revenues. Substantial delinquencies in the payment of property taxes could impair the timely receipt by the Successor Agency of Pledged Non-Housing Funds, although the current Pledged Non-Housing Funds provide debt service coverage on the Bonds. See “THE DUNES PORTION OF THE MERGED PROJECT AREA— Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage.”
Unitary Property
Assembly Bill ( “AB”) 2890 (Statutes of 1986, Chapter 1457) provides that, commencing with fiscal year 1988 -89, tax revenues derived from unitary property and assessed by the State Board of Equalization are accumulated in a single tax rate area for the County. The tax revenues are then to be allocated to each taxing entity county -wide as follows: (i) each taxing entity will receive the same amount as in the previous year plus an increase for inf lation of up to 2%; (ii) if utility tax revenues are insufficient to provide the same amount as in the previous year, each taxing entity’s share would be reduced pro rata county wide; and (iii) any increase in revenue above 2% would be allocated in the sam e proportion as the taxing entity’s local secured taxable values are to the local secured taxable values of the County.
AB 454 (Statutes of 1987, Chapter 921) further modified Chapter 1457 regarding the distribution of tax revenues derived from property a ssessed by the State Board of Equalization.
Chapter 921 provides for the consolidation of all State -assessed property, except for regulated railroad property, into a single tax rate area in each county. Chapter 921 further provides for a new method of establishing tax rates on State-assessed property and distribution of property tax revenue derived from State -assessed property to taxing jurisdictions within each county in accordance with a new formula. Railroads will continue to be assessed and revenues allocated to all tax rate areas where railroad property is sited.
Unitary revenues are not included in Available Non -Housing Tax Increment Funds because they are not generated by the Dunes development, and so are not included in projections in the Fiscal Consultant’s Report of Pledged Non-Housing Funds or in Table 8 under the heading “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Projected Pledged Non- Housing Funds and Estimated Debt Service Coverage.”
EXHIBIT B
50 -33-
Article XIIIA of the State Constitution
Article XIIIA limits the amount of ad valorem taxes on real property to 1% of “full cash value” of such property, as determined by the county assessor. Article XIIIA defines “full cash value” to mean “the County Assessor’s valuation of real property as sho wn on the 1975 -76 tax bill under ‘full cash value,’ or, thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. ” Furthermore, the “full cash value ” of all real property may be increased to reflect the rate of inflation, as shown by the consumer price index, not to exceed 2% per year, or may be reduced.
Article XIIIA has subsequently been amended to permit reduction of the “full cash value” base in the event of declining property values caused by substantial damage, destruction or other factors, and to provide that there would be no increase in the “full cash value” base in the event of reconstruction of property damaged or destroyed in a disaster and in other specia l circumstances.
Article XIIIA (i) exempts from the 1% tax limitation taxes to pay debt service on (a) indebtedness approved by the voters prior to July 1, 1978 or (b) bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two- thirds of the votes cast by the voters voting on the proposition; (ii) requires a vote of two -thirds of the qualified electorate to impose special taxes, or certain additional ad valorem taxes; and (iii) requires the approval of two-thirds of all members of the State Legislature to change any State tax laws resulting in increased tax revenues.
The validity of Article XIIIA has been upheld by both the California Supreme Court and the United States Supreme Court.
In the general election held November 4, 1986, voters of the State approved two measures, Propositions 58 and 60, which further amended Article XIIIA. Proposition 58 amended Article XIIIA to provide that the terms “purchase” and “change of ownership, ” for the purposes of determining full cash value of property under Article XIIIA, do not include the purchase or transfer of (1) real property between spouses and (2) the principal residence and the first $1,000,000 of other property between parents and children. This amendment to Article XIIIA may reduce the rate of growth of local property tax revenues.
Proposition 60 amended Article XIIIA to permit the Legislature to allow persons over the age of 55 who sell their residence and buy or build another of equal or lesser value within two years in the same county, to transfer the old residence assessed value to the new residence. As a result of the Legislature’s action, the growth of property tax revenues may decline.
Legislation enacted by the Legislature to implement Article XIIIA provides that all taxable property is shown at full assessed value as described above. In conformity with this procedure, all taxable property value included in this Official Statement is shown at 100% of assessed value and all general tax rates reflect the $1 per $100 of taxable value (except as noted). Tax rates for voter-approved bonded indebtedness and pension liabilities are also applied to 100% of assessed value.
Each year the Board of Equalization announces the applicable adjustment factor. Since the adoption of Proposition 13, inflation has, in most years, exceeded 2% and the announced factor has reflected the 2% cap. The changes in the California Consumer Price Index from October of one year and October of the next year are used to determine the adjustment factor for the January assessment date. Until fiscal year 2010-11 the annual adjustment never resulted in a reduction to the assessed values of individual parcels; however, the factor that was applied to real property
EXHIBIT B
51 -34-
assessed values for the January 1, 2010 assessment date was -0.237% and this resulted in reductions to the assessed value of parcels. The table below reflects the inflation adjustment factors for the current fiscal year and 10 prior fiscal years.
Historical Inflation Adjustment Factors
Fiscal Year Inflation Adj. Factor
2010-11 -0.237%
2011-12 0.753
2012-13 2.000
2013-14 2.000
2014-15 0.454
2015-16 1.998
2016-17 1.525
2017-18 2.000
2018-19 2.000
2019-20 2.000
2020-21 2.000
2021-22 1.036
2022-23 2.000
Appropriations Limitation—Article XIIIB
Article XIIIB limits the annual appropriations of the State and its political subdivisions to the level of appropriations for the prior fiscal year, as adjusted for changes in the cost of living, population and services rendered by the government entity. The “base year” for establishing such appropriations limit is the 1978/79 fiscal year, and the limit is to be adjusted annually to reflect changes in population, consumer prices and certain increases in the cost of services provided by these public agencies.
Section 33678 of the Redevelopment Law provides that the allocation of taxes to a redevelopment agency for the purpose of paying principal of, or interest on, loans, advances, or indebtedness shall not be deemed the receipt by a redevelopment agency of proceeds of taxes levied by or on behalf of a redevelopment agency within the meaning of Article XIIIB, nor shall such portion of taxes be deemed receipt of proceeds of taxes by, or an appropriati on subject to the limitation of, any other public body within the meaning or for the purpose of the Constitution and laws of the State, including section 33678 of the Redevelopment Law. The constitutionality of section 33678 has been upheld in two California appellate court decisions. On the basis of these decisions, the Successor Agency has not adopted an appropriations limit.
Proposition 87
On November 8, 1988, the voters of the State approved Proposition 87, which amended Article XVI, section 16 of the State Constitution to provide that property tax revenue attributable to the imposition of taxes on property within a redevelopment project for the purpose of paying debt service on certain bonded indebtedness issued by a taxing entity (not the Former Agency or the Successor Agency) and approved by the voters of the taxing entity after January 1, 1989 will be allocated solely to the payment of such indebtedness and not to redevelopment agencies.
Appeals of Assessed Values
Pursuant to California law, a property owner may apply for a reduction of the property tax assessment for such owner’s property by filing a written application, in a form prescribed by the State Board of Equalization, with the appropriate county board of equalization or assessment appeals board.
EXHIBIT B
52 -35-
In the County, a property owner desiring to reduce the assessed value of such owner ’s property in any one year must submit an appl ication to the County Assessment Appeals Board (the “Appeals Board”). Applications for any fiscal year must be submitted between July 2 and November 30. Following a review of each application by the staff of the County Assessor’s Office, the staff makes a recommendation to the Appeals Board on each application which has not been rejected for incompleteness or untimeliness or withdrawn. The Appeals Board holds a hearing and either reduces the assessment or confirms the assessment. The Appeals Board generally is required to determine the outcome of appeals within two years of each appeal’s filing date. Any reduction in the assessment ultimately granted applies only to the year for which application is made and during which the written application is filed. The assessed value increases to its pre- reduction level for fiscal years following the year for which the reduction application is filed.
However, if the taxpayer establishes through proof of comparable values that the property continues to be overvalued (known as “ongoing hardship”), the Assessor has the power to grant a reduction not only for the year for which application was originally made, but also for then current year as well. Appeals for reduction in the “base year” value of an assessment, which generally must be made within three years of the date of change in ownership or completion of new construction that determined the base year, if successful, reduce the assessment for the year in which the appeal is taken and prospectively thereafter. Moreover, in the case of any reduction in any one year of assessed value granted for “ongoing hardship” in the then current year, and also in any cases involving stipulated appeals for prior years relating to base year and personal property assessments, the property tax revenues from which Tax Revenues are derived attributable to such properties will be reduced in the then current year. In practice, such a reduced assessment may remain in effect beyond the year in which it is granted.
See “THE DUNES PORTION OF THE MERGED PROJECT AREAS—Assessment Appeals” for information regarding historical and pending appeals of assessed valuations by property owners in the Merged Project Areas. Also, see Section 5.0 in APPENDIX G—FISCAL CONSULTANT’S REPORT.
Propositions 218 and 26
On November 5, 1996, California voters approved Proposition 218 —Voter Approval for Local Government Taxes— Limitation on Fees, Assessments, and Charges —Initiative Constitutional Amendment. Proposition 218 added Articles XIIIC and XI IID to the State Constitution, imposing certain vote requirements and other limitations on the imposition of new or increased taxes, assessments and property -related fees and charges. On November 2, 2010, California voters approved Proposition 26, the “Supermajority Vote to Pass New Taxes and Fees Act.” Proposition 26 amended Article XIIIC of the California Constitution by adding an expansive definition for the term “tax,” which previously was not defined under the California Constitution.
Pledged Non- Housing Funds securing the payment of the Bonds are derived from property taxes that are outside the scope of taxes, assessments and property -related fees and charges which are limited by Proposition 218 and Proposition 26.
Future Initiatives
Article XIIIA, Article XIIIB, Article XIIIC and Article XIIID and certain other propositions affecting property tax levies were each adopted as measures which qualified for the ballot pursuant to California’s initiative process. From time to time other initiative measures could be adopted, further affecting Successor Agency revenues or the Successor Agency’s ability to expend revenues.
EXHIBIT B
53 -36-
THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY
As described under the heading “INTRODUCTION—The City, the Former Agency and the Successor Agency,” the Dissolution Act dissolved the Former Agency as of February 1, 2012.
Thereafter, pursuant to section 34 173 of the Dissolution Act, the City became the Successor Agency to the Former Agency. Subdivision (g) of section 34173 of the Dissolution Act, added by AB 1484, expressly affirms that the Successor Agency is a separate public entity from the City, that the two entities shall not merge, and that the liabilities of the Former Agency will not be transferred to the City nor will the assets of the Former Agency become assets of the City.
Successor Agency Powers
All powers of the Successor Agency are vested in its five members who are the elected members of the City Council. Pursuant to the Dissolution Act, the Successor Agency succeeds to the organizational status of the Former Agency but without any legal authority to participate in redevelopment activities, except to complete any work related to an approved enforceable obligation. The Successor Agency is tasked with exp editiously winding down the affairs of the Former Agency, pursuant to the procedures and provisions of the Dissolution Act. Under the Dissolution Act, substantially all Successor Agency actions are subject to approval by the Oversight Board, as well as review by the DOF.
Status of Compliance with Dissolution Act
The Dissolution Act required that a due diligence review be conducted to determine the unobligated balances of each successor agency that are available for transfer to taxing entities.
The due diligence review involved separate reviews of each successor agency’s low and moderate income housing fund and of all other funds and accounts. Once a successor agency completes the due diligence review and any transfers to taxing entities, the DOF would issue a finding of completion that expands the authority of each successor agency in carrying out the wind down process. A finding of completion allows a sponsoring community to, among other things, retain real property assets of the dissolved redevelopment agency and utilize proceeds derived from bonds issued prior to January 1, 2011. The Successor Agency has completed the due diligence process and received its Finding of Completion on November 12, 2014.
Pursuant to the due diligence reviews, the DOF determi ned that the Successor Agency was not required to remit any unobligated balance to the County Auditor-Controller.
After receiving a finding of completion, each successor agency is required to submit a Long Range Property Management Plan (a “LRPMP”) detailing what it intends to do with its inventory of properties. The Successor Agency initially thought that it had no properties to dispose of, but recently discovered that the Former Agency owned certain parcels, some of which have little or no value, that it will need to divest. While the time in which to file a LRPMP has passed, the Successor Agency continues to work with the DOF and the Oversight Board in connection with its disposition of such parcels.
Plan Limits
In accordance with the Redevelopment Law, redevelopment plans like the Redevelopment Plans for each of the three Merged Project Areas were required to include certain limits on the financing of the redevelopment projects. These limits could include a time limit on the repayment of indebtedness, a cumulative revenue limit applicable to tax increment revenues allocable to the Successor Agency and a limit on the amount of bonded indebtedness that can be
EXHIBIT B
54 -37-
outstanding. While SB 107 clarified that former tax increment limits set fo rth in certain redevelopment plans no longer apply for purposes of paying approved enforceable obligations such as the Bonds , the legislation did not eliminate redevelopment plan limits applicable to former military base redevelopment project areas which include the Airport Project and Fort Ord Project, and due to the fiscal merger of the three project areas, there are now certain limits applicable to the Merged Project Areas. Consequently, under current law the plan limitations summarized in Table 1 below apply to the Bonds , the 2018A Bonds, the 2020A Bonds and any additional Parity Debt, and to the Tax Revenues from w hich the Pledged Non- Housing Funds are derived.
The following is a summary of redevelopment plan limits that remain in place:
TABLE 1
Merged Project Areas
Plan Limitations
Marina Project Airport Project Fort Ord Project
Size in Acres 168 1,391 1,805
Adoption Date 8/5/1986 9/17/1997 11/2/1999
Time Limit to Repay Debt Eliminated by SB 107 6/30/2045 6/30/2048 Cumulative Revenue Limit $4,000,000,000
Bonded Indebtedness Limit $655,000,000
Source: Fiscal Consultant.
As illustrated by the foregoing table, the Merged Project Areas include a $4 billion cumulative dollar limit on the receipt of former tax increment revenue. This dollar limit is based on total RPTTF revenue, including amounts distributed to other taxing agencies and the County for its administrative costs in accordance with the Dissolution Statutes. The redevelopment plan for the Fort Ord Project includes a time limit on the receipt of former tax increment revenues of June 30, 2048.
The redevelopment plans f or the Merged Project Areas also contain a limit on the maximum amount of bonded indebtedness that may be outstanding at any one time of $655,000,000. Currently only $21,145,000 of bonded indebtedness is outstanding. With the issuance of the Bonds, the Successor Agency expects to continue to be well within this limit.
The Fiscal Consultant has advised that, based on tax increment receipt records of the Successor Agency and information provided by the County Auditor -Controller, approximately $92.3 million o f former tax increment revenue has been received through fiscal year 2021 -22 toward the $4 billion cumulative revenue limit for the Merged Project Areas. Based upon the two percent annual growth assumptions incorporated into the Fiscal Consultant’s revenue projections, $422 million or approximately 11% of the $4 billion limit is projected to be collected through the 2042 final maturity of the Bonds. For the $4 billion tax increment revenue limit to be reached prior to the final debt service payment in 2042, it is estimated that Redevelopment Property Tax Trust Fund revenues for the Merged Project Areas would need to grow at a compound annual growth rate more than approximately 24% per year. This is more than double the compound annual growth rate over the 2012-13 to 2022-23 period of 11.9%. See Section 2.2 in APPENDIX G—FISCAL CONSULTANT’S REPORT.
EXHIBIT B
55 -38-
THE DUNES PORTION OF THE MERGED PROJECT AREAS
The Bonds are payable from, and are secured by a pledge of the Pledged Non-Housing Funds arising from the Dunes development located within the Fort Ord Project. See “SECURITY FOR THE BONDS—Pledge Under the Indenture.” The Pledged Non-Housing Funds represent a portion of, and are payable from, the Tax Revenues derived from the Merged Project Areas. See “SECURITY FOR THE BONDS —Pledged Non -Housing Funds; Available Non -Housing Tax Increment Funds.
The following page includes a map depicting the three Merged Pr oject Areas, including the Fort Ord Project, and the location of the Dunes development within the Fort Ord Project. The following pages include information relative only to the portion of the Fort Ord Project in which the Dunes development is located.
EXHIBIT B
56 -39-
EXHIBIT B
57 -40-
Land Use
The aggregate designated land use in the Dunes development portion of the Fort Ord Project for fiscal year 2022-23 is set forth in the following table.
TABLE 2
Taxable Value by Land Use
Fiscal Year 2022-23
[Area Applicable to Available Non-Housing Tax Increment]
No. of Parcels* Taxable Value % of Total
Residential 559 $312,285,933 58.5%
Commercial 43 125,606,440 23.5
Institutional/Medical 3 75,633,721 14.2
Roads/Non-Taxable 35 — 0.0
Unsecured 58 20,516,699 3.8
Total 698 $533,942,893 100.0%
Source: Fiscal Consultant
* Includes 640 secured parcels and 58 unsecured assessment numbers. Each unsecured assessment corresponds to a separate unsecured property owner; for example, individual tenants within a retail building will each have separate unsecured assessments. Unsecured assessments are primarily business personal property of tenants within the commercial component.,
EXHIBIT B
58 -41-
Historical Assessed Values
Table 3 below summarizes year- to-year changes in the assessed values for the Dunes development portion of the Fort Ord Project for the past ten years based upon the County Auditor-Controller’s annual assessed value reports.
TABLE 3
Historical Taxable Values and Annual
Percentage Increase or Decrease
Fiscal Years 2013-14 to 2022-23
[Area Applicable to Available Non-Housing Tax Increment Funds]
2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20
2020-21
2021-22
2022-23
Annual-
ized %
Change
13-14 to
22-23
Secured $145,988,242 $158,879,059 $144,533,630 $200,606,053 $278,982,672 $362,189,341 $400,929,632 $451,466,924 $493,491,278 $513,426,094 15.0% Unsecured 8,345,310 7,699,974 7,817,890 9,167,090 10,015,818 11,563,516 14,469,927 16,318,087 19,727,365 20,516,699 10.5 Total $154,333,552 $166,579,033 $152,351,520 $209,773,143 $288,998,490 $373,752,857 $415,399,559 $467,785,011 $513,218,643 $533,942,793 14.8% %change N/A 7.9% -8.5%(1) 37.7% 37.8% 29.3% 11.1% 12.6% 9.7% 4.0%
Source: Fiscal Consultant, based on information obtained from the County Auditor-Controller. (1) The decrease in assessed values in fiscal year 2015-16 was primarily due to a newly developed 108 unit affordable multifamily development that was initially included as part of taxable assessed value but was subsequently removed from the taxable roll in 2015 due to eligibility for a property tax exemption.
EXHIBIT B
59 -42-
Largest Taxpayers
The ten largest taxpayers for the Dunes development portion of the Fort Ord Project according to the 2022- 23 assessed valuations are shown below.
TABLE 4
Top 10 Taxpayers for Dunes Development
Fiscal Year 2022-23
Number of Assessed Value % of Total and
Property Owner Principal Land Use Parcels(1) FY 2022-23 Incr. AV(2) 1 Shea Homes (Developer)(3) Land and new homes under development 256 $ 58,087,523 10.9% 2 Hamstra-Appleton LLC VA medical center 1 54,431,255 10.2% 3 Pacific Coast Highway Property LLC Shopping center 13 38,021,108 7.1% 4 Target Corporation Target store 2 28,743,900 5.4%
5 Community Hospital Properties Inc.(4) Outpatient care and fitness center 6 24,568,058 4.6% 6 Monterey Peninsula Hotels Group LP Hotel (Marriot Springhill Suites) 1 20,026,452 3.8% 7 Kohls Department Stores Inc. Kohls store 1 9,281,905 1.7% 8 Net Lease Realty Movie theater 1 8,742,917 1.6%
9 SKN Properties Retail 4 7,027,604 1.3%
10 Nimri Rami (5) Three homes 3 2,928,168 0.5%
Total 288 $251,858,890 47.2%
Source: Fiscal Consultant.
(1) Number of secured parcels and / or unsecured assessments. (2) Based upon fiscal year 2022-23 assessed value and incremental assessed value of $533,942,793 (base year assessed value is zero). (3) Includes Shea Homes Limited Partnership, Marina Community Partners, and Marina Community Partners LLC. (4) Includes Community Hospital Properties Inc. and Community Hospital of the Monterey Peninsula. (5) Includes Nimri Rami George.
EXHIBIT B
60 -43-
The following provides a brief description of each of the top ten taxpayers for The Dunes development:
1. Shea is the Developer for the Dunes Development. Assessed value for Shea includes the affiliated entities Shea Homes Limited Partnership and Marina Community Partners LLC.
The Developer -owned parcels consist of residential lots and new homes under development and vacant land planned for future development.
2. Hamstra-Appleton LLC is the private entity that constructed and owns the fee interest in the 146,000- square foot Maj. Gen. Gourley VA - DoD Outpatient Clinic (“VA Medical Center”) which is under a long -term lease to the Veterans Administration (VA). The facility opened in August 2017. It is possible that the property could become exempt from property taxes at some point in the future if, for example, the VA were to purchase the fee interest in the property; however, KMA is not aware of any information to suggest such a purchase is being contemplated. The Hamstra-Appleton LLC property has been included as taxable property on the assessment roll since FY 2014-15, initially as taxable land value, with taxable assessed value of building improvements added subsequently with the construction of the VA Medical Center.
3. Pacific Coast Highway Property LLC is the owner of a 234,000 square foot portion of the shopping center within the Dunes Development encompassing Best Buy, Old Navy, Bed Bath & Beyond, Michaels, Party City and REI. Kohl’s and Target are a part of the same shopping center but the stores are under separate ownership.
4. Target Corporation has a retail location in the Dunes Development.
5. Community Hospital Properties Inc. is an outpatient care center and fitness facility. The facility opened in 2011.
6. Monterey Peninsula Hotels Group LP is the owner of a 106-room Marriot Springhill Suites hotel.
7. Kohls Department Stores, Inc. has a retail location in the Dunes Development.
8. Net Lease Realty, Inc. is the owner of a 5-screen cinema.
9. SKN Properties is the owner of approximately 40,000 square feet of retail space within the Dunes Development.
10. Nimri Rami is the owner of three homes in the Dunes Development.
EXHIBIT B
61 -44-
Historic and Estimated Pledged Non-Housing Funds
Table 5 below reflects the historical assessed values and incremental values for the Dunes development portion of the Fort Ord Project, and Pledged Non-Housing Funds for the most recent five fiscal years and estimated for the current and next fiscal year.
TABLE 5
Historic and Estimated Pledged Non-Housing Funds
Fiscal Years 2017-18 to 2023-24(1)
Actual Actual Actual Actual Actual Estimated(3) Projection(3) 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24
Assessed Value - Dunes Development $288,998,490 $373,752,857 $415,399,559 $467,785,011 $513,218,643 $533,942,793 $555,002,317(3) (note: base year AV is zero)
Computed Levy @1% 2,889,985 3,737,529 4,153,996 4,677,850 5,132,186 5,339,428 5,550,023
Gross Property Taxes Allocated
Secured / Unsecured Taxes 2,875,927 3,708,430 4,052,467 4,662,371 5,097,309 5,339,428 5,550,023 Supplemental Revenues Allocated 525,642 456,073 278,385 136,531 382,831 not included not included Gross Collections $3,401,569 $4,164,504 $4,330,852 $4,798,902 $5,480,140 $5,339,428 $5,550,023 Gross Collections as % of Computed Levy 117.70% 111.42% 104.26% 102.59% 106.78% 100.00% 100.00%
Deductions
Less: former housing (680,314) (832,901) (866,170) (959,780) (1,096,028) (1,067,886) (1,110,005) Less: County Admin Expenses (43,259) (53,500) (56,984) (66,132) (77,992) (81,693) (84,915) Less: Pass Through (2) (1,706,310) (2,236,396) (2,456,342) (2,660,009) (2,757,135) (2874,792) (2,973,719) Less: 10% Retained per Agreement (97,169) (104,171) (95,135) (111,298) (154,898) (131,506) (138,138) Total Deductions (2,527,052) (3,226,968) (3,474,633) (3,797,219) (4,086,054) (4,155,877) (4,306,778)
Available Non-Housing Tax Increment Funds $874,517 $937,536 $856,219 $1,001,683 $1,394,086 $1,183,551 $1,243,245
Add Back: Subordinated Pass Through 1,001,553 1,327,373 1,462,938 1,614,522 1,770,583 2,038,282 2,135,311
Pledged Non-Housing Funds $1,876,071 $2,264,909 $2,319,157 $2,616,205 $3,164,669 $3,221,833 $3,378,556 Available for Debt Service
Source: Fiscal Consultant and County Auditor-Controller. (1) Includes regular current year secured and unsecured taxes as well as prior year redemptions. (2) Includes all passthroughs, subordinate and non-subordinate. Released FOR A Funds are reflected as an offset to pass through amounts. (3) Assumes $34.4 million estimated net reduction in assessed value from pending appeals resulting in $187,000 reduction in Pledg ed Non-Housing Funds and $55,275,524 in assessed value for new homes completed and/or sold in 2022.
EXHIBIT B
62 -45-
Assessment Appeals
Property values determined by the County Assessor may be subject to an appeal by a property owner. Assessment appeals are filed annually with the County Assessment Appeals Board for a hearing and resolution. A property owner can file for a regular assessment appeal of the current fiscal year assessed valuation between July 2 and November 30. Most appeals heard by an Assessment Appeals Board are scheduled within twelve to eighteen months. Revenue and Taxation Code §1604, however, allows up to two years for an assessment appeal to be decided unless this time limit is waived by the applicant. If the appeal is not decided within the two-year statutory time frame and the time limit is not waived, the assessor is required to use the applicant’s opinion of value.
The majority of appeal filings applicable to the Dunes development are Proposition 8 appeals which relate to temporary declines in the market value of a property. Assessed value reductions as a result of Proposition 8 appeals are subject to annual review b y the County Assessor and potential restoration over time based on future increases in market value of the subject property. “Base year” appeals contest changes in assessed value arising from re-assessable events such as transfer of ownership or new constr uction. Assessed value reductions as a result of “Base Year” appeals affect the maximum assessed value on an on-going basis.
The resolution of an appeal may result in a reduction to the County Assessor's taxable value and a tax refund to the property owne r. The Fiscal Consultant reports that the County allocates tax refunds resulting from assessment appeals on a proportionate basis to all taxing agencies and Redevelopment Property Tax Trust Fund funds Countywide without regard to the area within which the parcel associated with the successful appeal filing is located. Thus, the impact of tax refunds associated with appeals is shared by all taxing agencies and Redevelopment Property Tax Trust Fund funds within the County, which lessens the potential impact t hat any individual appeal has on Merged Project Area Redevelopment Property Tax Trust Fund revenues for the Successor Agency. Inclusive of the impact of a proportionate share of County -wide assessment appeal refunds allocated to the Successor Agency, the o verall collections rate for secured and unsecured taxes by the Successor Agency has averaged 99.0% over the past five years (see Table 5.4 in APPENDIX G—FISCAL CONSULTANT’S REPORT ). The primary risk from appeals within the Dunes development is the potentia l future reduction in assessed value and thereby in future Available Non-Housing Tax Increment Funds.
Historic Appeals Filing Outcomes: 2016-17 to 2022-23. Table 6 below summarizes assessment appeal filing outcomes within the Dunes and Sea Haven developments during the years 2016-17 to 2022-23 including Secured and Unsecured Roll appeals as determined based on research by the Fiscal Consultant. Appeals data for 2022-23 includes Developer appeals only as appeals data for other property owners was not yet available. As shown below, 83% of resolved appeal filings were reduced or stipulated, while 17% were subsequently denied or withdrawn. All but two of the total appeals were filed by the Developer. Resolved appeals during fiscal year 2016-17 to 2022- 23 had an aggregate contested value of $195.1 million and resulted in an assessed value reduction of $45.5 million, which represents an average net reduction of 23.3%.
EXHIBIT B
63 -46-
TABLE 6
Historical Assessment Appeal Summary
Fiscal Years 2016-17 through 2022-23
Historic Assessment Appeal Resolutions:
Dunes and Sea Haven Developments (1)
Resolved Appeal Outcomes Assessed Valuation: Resolved Appeals ($Millions) (2) Applicant Final Reduction
Appeal Resolutions Total No. Open Resolved Denied or Stipulated or Contested Opinion of Resolved From Percent 2016-17 to 2022-23 of Filings Filings Filings Withdrawn Reduced Value Value Value Assessor Value Reduction FY 2016-17 11 0 11 1 10 $19.3 $9.0 $12.3 $7.0 36.4% FY 2017-18 25 0 25 6 19 $81.9 $48.7 $66.0 $15.9 19.4% FY 2018-19 26 2 24 4 20 $82.9 $40.0 $66.3 $16.7 20.1% FY 2019-20 6 0 6 0 6 $11.0 $2.8 $5.2 $5.9 53.3% FY 2020-21 0 0 0 0 0 n/a n/a n/a n/a n/a
FY 2021-22 8 8 0 0 0 n/a n/a n/a n/a n/a
FY 2022-23 6 6 0 0 0 n/a n/a n/a n/a n/a
Total 82 16 66 11 55 $195.1 $100.5 $149.7 $45.5 23.3% % of Total 100% 17% 83%
Source: Monterey County Assessment Appeals Database, as reported by the Fiscal Consultant. Appeal data for FY 2022-23 is based on Developer appeals only as information on other appeals was not yet available.
(1) All but two appeal filings are for the Dunes Development. (2) There were no appeals in fiscal year 2020-21 and appeals for fiscal year 2021-22 and fiscal year 2022-23 have not yet been resolved.
EXHIBIT B
64 -47-
Summary of Pending Appeals. The Fiscal Consultant has advised that there are fifteen open appeals for the Dunes development and one open appeal for the Sea Haven development.
TABLE 7A
Summary of Pending Appeals
No. of
Open
Appeals
Contested
Value
Represented
($Millions)
Applicant
Opinion of
Value
($Millions)
Applicant
Requested Net
Reduction in
Value
($Millions)
16 $57.0 $15.4 $41.6
Source: Fiscal Consultant.
Fourteen of the sixteen pending appeals were filed by the Developer.
Estimated Assessed Value Impact from Appeals . The Indenture prescribes the manner in which the impact of assessment appeals is to be estimated for purposes of determining Pledged Non-Housing Funds available to support issuance of Parity Debt, as described in clause (d)(i) of the first paragraph under the heading “SECURITY FOR THE BONDS —Parity Debt.” The Fiscal Consultant’s assessed value reduction from assessment appeals has been estimated in a manner consistent with the applicable Parity Debt methodology and reflects the following: (a) for property that is owned by the Developer or a related entity of the Developer, the estimated assessed value reduction from assessment appeals was based upon the applicant’s opinion of assessed value; and (b) for property not owned by the Developer or a related entity of the Developer, the estimated assessed value reductions from assessment appeals was based upon the
23.3% average percentage reduction in assessed value applicable to resolved appeals for the preceding five fiscal years., or to the applicant opinion of value if a lesser reduction is requested.
The Fiscal Consultant has estimated pending appeals will result in an assessed value reduction of approximately $34.4 million based on the methodology prescribed by the Indenture related to Parity Debt as described in the preceding paragraph, which represents an average percentage reduction of 71.2%. The estimated reduction in assessed values reflects the 13 unique pending appeals, not including three repeat appeal filings for the same parcel over multiple years.
See Table 7B below for additional detail.
TABLE 7B
Estimated Reduction in Assessed Value from Pending Appeals
Unique
Pending
Appeals(1)
Contested
Value
Represented
($Millions)
Applicant
Opinion of
Value
($Millions)
Est. of
Resolved
Value
($Millions)
Est. of Net
Reduction
in
Assessed
Value
($Millions)
%Reduction
from
Contested
Value
Developer Appeals
Developer Property(1) 11 $46.8 $12.7 $12.7 ($34.1) 72.8% Other Appeals 2 1.5 0.7 1.2 (0.3) 20.0
Total Appeals 13 $48.3 $13.4 $13.9 ($34.4) 71.2%
Source: Fiscal Consultant.
(1) Excludes three appeal filings that represent repeat filings for the same parcel over multiple years. Appeals data for fiscal year 2022-23 is based on Developer appeals only because information on other appeals is not yet available.
EXHIBIT B
65 -48-
The $34.4 million estimated reduction in assessed value from pending appeals is reflected in the projected fiscal year 2023-24 assessed values and results in a $ 187,000 reduction in the projected Pledged Non-Housing Funds.
See Table A-4.2 in APPENDIX G—FISCAL CONSULTANT’S REPORT for the identities of the entities for which appeals are pending , all but two of which involve appeals filed by the Developer or a related entity . Although Prop 8 reductions granted as a result of successful assessment appeal filings may be restored over time as market valuations increase, for purposes of the revenue projection in the tables in the Fiscal Consultant’s Report and in Table 8 under the heading “—Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage,” the estimated reductions are assumed to be permanent.
Actual resolution of appeals is determined by many factors including vacancy and rental rates, circumstances of hardship and real estate comparables, all of which are unique to the individual assessment. Therefore, actual reductions, if any, may be higher or lower than the reductions incorporated in the pr ojection. An appeal may be withdrawn by the applicant, the County Appeals Board may deny or modify the appeal at hearing or by stipulation, or the final value may be adjusted to an amount other than the stated opinion of value.
New Development
Construction progress on the Dunes development continued following the January 1, 2022 lien date for the FY 2022 -23 assessment roll. For purposes of projected assessed values for FY 2023-24, assessed values added from construction of new homes for which a final certificate of occupancy has been issued or for which a sale has been recorded during calendar year 2022 (through August) is included, as follows:
New Homes in the Dunes Development – From January through August 2022 a total of 78 new homes within the Dunes Development were granted a final certificate of occupancy, or sale to a homebuyer was recorded, or both. The revenue projections include $55.3 million in assessed value to be added to the FY 2023-24 assessment role as a result of these new homes.
Future buildout of the Dunes Development is anticipated to include up to an additional:
• 723 residential units, of which building permits have been issued for construction of 100 market rate single family and duplex units and 142 affordable apartments t hat are expected to be exempt from property taxes;
• 394 hotel rooms, of which building permits have been issued for construction of 94 rooms; • 396,000 square feet of office, research and development, or light industrial uses; and • 62,000 square feet of retail.
EXHIBIT B
66 -49-
Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage
Table 8 below shows expected Pledged Non-Housing Funds assuming no growth in assessed values except as noted below , and includes projected debt service on the Bonds. The projection incorporates the valuation assumptions made in the Fiscal Consultant ’s Report. The projection of assessed value include assessed value to be added to the fiscal year 2021 -22 and fiscal year 2023-24 assessment roll s as a result of construction of new ho mes and transfers of ownership since the January 1, 2022 lien date for the fiscal year 2022-23 assessment roll (see “THE DUNES PORTION OF THE MERGED PROJECT AREAS —New Development”). The projection includes an adjustment for pending appeals as described under the heading “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Assessment Appeals – Estimated Assessed Value Impact from Appeals.
EXHIBIT B
67 -50-
TABLE 8
Projection of Pledged Non-Housing Funds
and Debt Service Coverage
Assumes No Growth on Assessed Value After 2023-24
(dollars in thousands)
Fiscal Year
Gross
Dunes
RPTTF
Revenues
Less: All
Deduct-
ions Per
Financing
Plan(3)
Available
Non-
Housing
Tax
Increment
Funds
Add Sub-
ordinated
Pass-
Throughs(4)
Pledged
Non-
Housing
Funds
2018A
Bond
Debt
Service
2020A
Bond
Debt
Service
Bond
Debt
Service(7)
Total
Debt
Service(7)
Debt
Service
Coverage
Based on
Available
Non-
Housing
Tax
Increment
Funds(7)
Debt
Service
Coverage
Based on
Pledged
Non-
Housing
Funds(7)
2022-23(1) 5,339 (4,156) 1,184 2,038 3,222 543 283
2023-24(2) 5,550 (4,307) 1,243 2,135 3,379 541 284
2024-25 5,550 (4,307) 1,243 2,135 3,378 543 280
2025-26 5,550 (4,310) 1,240 2,132 3,372 539 286
2026-27 5,550 (4,371) 1,179 2,074 3,253 540 282
2027-28 5,550 (4,371) 1,179 2,074 3,253 540 282
2028-29 5,550 (4,371) 1,179 2,074 3,253 539 283
2029-30 5,550 (4,371) 1,179 2,074 3,253 542 283
2030-31 5,550 (4,372) 1,178 2,074 3,252 540 283
2031-32 5,550 (4,372) 1,178 2,074 3,252 542 283
2032-33 5,550 (4,371) 1,179 2,075 3,254 542 282
2033-34 5,550 (4,396) 1,154 2,051 3,205 542 282
2034-35 5,550 (4,395) 1,155 2,052 3,207 541 281
2035-36 5,550 (4,395) 1,155 2,051 3,206 539 285
2036-37 5,550 (4,396) 1,155 2,051 3,206 540 284
2037-38(5) 5,550 (3,789) 1,761 2,625 4,385 541 712
2038-39(6) 5,550 (3,899) 1,651 2,521 4,172 0 1,168
2039-40 5,550 (3,899) 1,651 2,521 4,172 0 1,165
2020-41 5,550 (3,899) 1,651 2,521 4,172 0 0
2041-42 5,550 (3,899) 1,651 2,521 4,172 0 0
2042-43 5,550 (3,899) 1,651 2,521 4,172 0 0
2043-44 5,550 (3,899) 1,651 2,521 4,172 0 0
2044-45 5,550 (3,899) 1,651 2,521 4,172 0 0
2045-46 5,550 (3,899) 1,651 2,521 4,172 0 0
2046-47 5,550 (3,899) 1,651 2,521 4,172 0 0
2047-48 5,550 (3,899) 1,651 2,521 4,172 0 0
Source: Tax data from the Fiscal Consultant. Debt service data from the Underwriter. (1) Based on Assessor reported FY 2022-23 assessed values (2) See Table 20 in APPENDIX G—FISCAL CONSULTANT’S REPORT for summary of projected FY 2023-24 assessed values.
(3) Reflects deductions for County administrative costs, former housing funds, pass through payments and the 10% share of funds retained per the Former Agency Agreement. (4) Pass through payments to taxing agencies other than FORA are subordinate. (5) Projected Pledged Non -Housing Funds increase in 2037 -38 due to repayment of FORA bonds and the resulting redistribution of the FORA share of RPTTF revenues. FORA sunset on June 30, 2020 pursuant to section 67700 of the California Government Code; howev er, the FORA share of pass throughs was pledged for payment of bond debt service that extends through 2037. That portion of the FORA pass through not needed for debt service is redistributed with 38% to the County and 8% to other taxing agencies and the re maining 54% available to meet Successor Agency obligations. Released FORA Funds are reflected in the projection based on the assumption that FY 2022 -23 reported assessed values remain constant. See Table A-8 in APPENDIX G—FISCAL CONSULTANT’S REPORT for additional information.
(6) FY 2037-38 includes prior year Released FORA Funds consisting of the final year of debt service coverage for the FORA Bonds plus current year FORA pass through funds released following the 2037 final debt service payment on the FORA Bonds. Pledged Non-Housing Funds then decrease in FY 2038-39 and following years as there are no longer any prior year Released FOR A Funds available.
(7) Preliminary, subject to change.
EXHIBIT B
68 -51-
THE DUNES DEVELOPMENT
Information in this section entitled “THE DUNES DEVELOPMENT” has been obtained from the Developer, and neither the Successor Agency nor the Underwriter can ensure, and do not ensure, its completeness or accuracy.
Overview
The Dunes is a 290 acre (358 gross acres inclusive of land dedicated to b ackbone infrastructure) master planned community, within a larger 420-acre Specific Plan area, known as University Villages, located in the former Fort Ord Army Base within the City. The Dunes forms the Southern portion of the City, and is bounded by Highway 1 on the west, California State University Monterey Bay (CSUMB) to the South, and links to the rest of the City to the North and East. The Dunes is planned to provide 1,237 residences ( 927 market rate for sale single family homes, 248 affordable apartments, and 62 work- force homes); 1,510,000 square feet of office, retail, and multi-uses (including 84 mixed use townhomes); 500 hotel rooms; 81 -acres of public facilities and backbone roadways; and 46-acres of parks/open space and transit esplanade/multi- purpose corridor. See “THE DUNES DEVELOPMENT—Development Program/Phasing” for a map showing the elements of the Dunes development.
The Dunes development is part of a larger Economic Development Conveyance (EDC) by the US Army/Department of Defense under the Base Realignment and Closure Act (BRAC) for the closure of the former Fort Ord. The property is intended for public-private partnership reuse and redevelopment under the jurisdiction of the Former Agency. The goal of the development is to eliminate blight, foster economic regeneration both locally and in the region, and generate new employment opportunities. Upon full buildout the project is anticipated to provide nearly 800 new construction jobs and 4,700 new permanent jobs. All initial site work, infrastructure and vertical construction is to be performed with prevailing wage labor.
Almost half of the blighted former military structures on the site have been removed. To date over 400,000 square feet of retail , restaurant and service uses, a 106 unit hotel, 500 single family homes, 108 affordable apartments, 203,000 square feet of medical office and clinic uses, and a 5 screen theater have been completed . The Dunes project is also the recipient of a highly competitive state program, being designated as a Sustainable Communities grant award winner in 2010.
Multiple Use/Urban Design
The Dunes is planned as a livable community that integrates housing, recreation, retail, and job opportunities in the overall community plan where regi onal shopping, casual shopping and dining, hospitality, employment, residential, and recreational uses converge. The Dunes includes pedestrian and bicycle friendly streets, open space connections, transit corridors, and vistas to important community monuments, such as civic uses. These urban design features link the different neighborhoods into a cohesive community; yet allow them to have variety in their makeup.
Village Center
The Village Center is an area generally south of Imjin Parkway, north of 8th Street, and between 2nd Ave and Highway 1 that contains both regional and local serving retail services as well as office, medical, hotel and attached-residential land uses. The Village Square is a plaza and park space at the terminus of 10th Street in front of the Cinemark movie theater within the Village Center. Future restaurants and retail shops will surround the Village Square creating a focal point
EXHIBIT B
69 -52-
in the community where people from nearby retail and office uses as well as the surrounding neighborhoods can come together.
A major feature related to the Village Center site is the Imjin Parkway to Highway 1 interchange. The access and visibility provided by this roadway enhances the Village Center’s major regional serving and community retail components. This combination of regional retail, visitor serving, office/research and residential land uses will provide a mix of different land use types in a planned and integrated manner. A portion of the Village Center is designated as multi- use. This designation allows for greater flexibility and blending of land uses. A significant portion of this Village Center has been completed, with the Village Promenade and office portion of Phase 1 of the project remaining. The Village Promenade is under construction.
The beach boardwalk links the Village Center out to the Fort Ord Dunes State Beach, utilizing the 8th Street overpass. This ‘boardwalk” is envisioned to be highlighted with special landscaping, paving treatment, street furniture and lighting, all as a potential venue for public art and as a gathering space. Currently, the roadway to the State beach is open, and parking and trail improvements have been installed.
At the south east co mer of 2nd Avenue and Imjin Parkway is a site that houses the Montage Medical (formerly Community Hospital of the Monterey Peninsula), integrating medical services into the community. Directly to the south of this site, forming the eastern terminus of the Village Promenade is the site often referred to as Pine Hill. This multi-use site contains a Springhill Suites hotel and a soon to be open Hilton Home2Suites. At the west end of the Promenade is a Cinemark Theater, providing a key entertainment venue.
Retail Nodes
There are two additional Retail/Service nodes planned within the Dunes. The first is located at the southwest comer of the southern employment center, along Second Avenue near First Street. This location is intended to provide services to suppor t the employment center, the neighborhood to the north and the CSUMB campus to the south. The second Retail/Service node is planned at the corner of California Avenue and Imjin Parkway in the far northeastern corner of the site. This location will support the surrounding neighborhoods including Sea Haven, Cypress Knolls (currently undeveloped), and the neighborhoods to the north along California Avenue.
Office/Research and Development/Light Industrial
The proposed regional and destination components of the Village Center, along with the new housing create a significant amenity for future employers. Locating these job generating uses as part of the Village Center capitalizes on opportunities for employees to walk to lunchtime and after work amenities. The Office/Research and Development/Light Industrial land uses are located in such a way as to take advantage of both the Village Center, as well as direct linkages to the center of the CSUMB campus. The Office/Research and Development/Light Ind ustrial uses are also located to take advantage of transit use, providing direct connections with TAMC and MST transit stops/stations. The intent of the Office/Research and Development/Light Industrial areas is to attract job opportunities to Marina to hel p replace those jobs lost with the closing of the Fort Ord military base.
Arts District
The proposed Arts District is envisioned as an opportunity within Marina to create a place where the arts, civic and educational activities and access to the beach can come together. This
EXHIBIT B
70 -53-
district, along with the Beach Boardwalk, Village Square and Village Promenade , is intended to enhance amenities within the Dunes.
Residential
The residential component offers a range of housing types , including both attached and detached single family houses, rental apartments, and condominiums and townhomes . This diversity in housing will in turn offer new homes with a wide range of housing choices and at varying price levels. The various home types are woven together within the neighborhood fabric, rather than individual separated housing tracts of specific lot configuration. The development pattern creates an urban, gridded community where pedestrians and bicyclists are comfortable utilizing easy access to all components of the community.
Parks, Open Space, Pedestrian and Bicycle Connections
The park and open space system for the Dunes is an integrated system with a wide variety of public access options. Recreational components within the community include two City of Marina Public Benefit Conveyance (PBC) parcels, linear parks, and a mix of small parks within neighborhoods. Access to the Fort Ord Dunes State Park is via the 8th Street overpass.
The two large City parcels are centrally located to the Dunes as well as future CSUMB faculty and staff housing directly across 2nd Avenue. The PBC parcels were transferred from the Army with a deed restriction for recreation activity. Park planning is currently underway with anticipated development of the larger park coming with Phase 2 of the project.
Linking the community, a north/south Linear Park is proposed to begin at the Village Square and extends to the southern Office/Research and Development/Light Industrial area.
Perpendicular to this runs another proposed linear park that links the Arts District through the community to CSUMB. A twelve foot wide multi-purpose trail will be included in both of these linear parks that link with the community to the regional bicycle/pedestrian network.
Within the residential areas, a series of smaller neighborhood parks are planned as amenities to provide both urban relief and play areas.
Bicycle, multi-purpose trails, sidewalk and paseo connections within the community link the neighborhoods together and connect to the surrounding area. They form a network of off street multi- purpose trails and on- street bicycle lanes for access to the maj or community components.
Entitlements
The Dunes project was entitled by the City and the Former Agency in 2005 after an extensive public participation process, spanning nearly two years and 45 public meetings. The project was ultimately approved unanimou sly by the City’s Design Review Board, the City’s Planning Commission and the City Council, and by the Fort Ord Reuse Authority Board.
Entitlements for the project approved in 2005, include the following:
EXHIBIT B
71 -54-
• General Plan Amendment
• University Village Specific Plan
• EIR/FEIR
• Tentative Maps – Phases 1-3
• Site Plan and Architectural Review – Phase 1
• Consistency Determination (by FORA)
• Disposition and Development Agreement (DDA)
• Development Agreement (DA)
• Memorandum of Agreement for Deconstruction/Demolition
Subsequent to these entitlements, further project approvals provided to the Developer or Shea Homes, include:
• Tentative Maps – Phase 2 West, Phase 3 and Phase 1B
• Final Maps – Phase 1A – regional commercial; Phase 1C—residential and Phase 2 East—residential
• Parcel Maps: Phase 2 North• Commercial Sign Regulations • Master Sign Permit
• Site Plan and Architectural Review—Promenade
• First Implementation Agreement
• Second Implementation Agreement
• Tax Increment Financing Agreement and Promissory Notes • Below Market Rate Housing Agreement #1
• Below Market Rate Housing Agreement #2
• Operating Agreement Clarifying and Modifying Certain Project Approvals
Given the extensive number of project entitlements granted in 2005 and subsequently, few development approvals are required for future project development, primarily, site and architectural design review.
Subsequent approvals granted to third -party developers of land within the Dunes include:
• Site Plan and Architectural Design Review – Shops at the Dunes - Retail • Site Plan and Architectural Design Review – Marriott Springhill Suites • Site Plan and Architectural Design Review – Montage Medical • Site Plan and Architectural Design Review - William H. Gourley Veterans/DOD Clinic
• Site Plan and Architectural Design Review – Cinemark Theater • Site Plan and Architectural Design Review – University Village Apartments
Environmental Conditions
The Dunes development is being undertaken on property located in the former Fort Ord Army base. The Dunes site was conveyed by the United States of America, acting through the Secretary of the Army (the “Army”) to the Fort Ord Reuse Authority (“FORA”), which then conveyed the property to the Former Agency. The Former Agency transferred a portion of the property by quitclaim deed, dated September 21, 2006 (the “ Original Quitclaim Deed”), to the Developer relating to Phase 1 of the Dunes development . Prior to its dissolution, the Former Agency conveyed the remaining property to the City, and the City recently conveyed the portion of the property relating to Phase 2 of the Dunes development to the Developer pursuant to a quitclaim deed (together with the Original Quitclaim Deed, the “Quitclaim Deeds”) dated June 26, 2020. Extensive environmental studies and remedial actions were taken with respect to the
EXHIBIT B
72 -55-
former Fort Ord property prior to its conveyance to FORA, and in May of 2003, a Finding of Suitability to Transfer (the “FOST”) was delivered by the Director of Base Realignment and Closure, Hampton Field Office, wherein certain findings were documented.
The FOST referenced a Community Environmental Facilitation Act report which set forth the environmental condition of the Fort Ord property and the determination of the suitability for transfer of the property from the Army to various parties, including FORA. The FOST recognized that the Fort Ord Army base property was subject to a Fort Ord Federal Facility Agreement (the “FFA”), and found that “All remediation act ivities on the property required by the FFA are completed or in place and operating successfully…” However, the Army required that any deed conveying the former Army base property contain various provisions related to environmental matters. These provisions, some of which are described below, were included in the Quitclaim Deeds.
Notice of Hazardous Substance Storage. In the Quitclaim Deeds, the Developer was notified of the former storage, release or disposal of hazardous substances on the Dunes property, with items typically stored on the property identified in the FOST. The Quitclaim Deed s each state that: “The information regarding this storage indicates that it was conducted in a manner that would not pose a threat to human health and the environment. … no additional action is necessary under CERCLA [the Comprehensive Environmental Response Compensation and Liability Act of 1980] to protect human health and the environment.”
Environmental Remediation . In the Quitclaim Deed s, the Developer was notified of the storage, release, and disposal of hazardous substances on the Dunes property, and went on to provide that: “The Government hereby covenants that prior to the date of this conveyance, all corrective, remedial and response actions necessary to protect human health and the environment have been taken with respect to the Property,” but the Army reserved the right, upon reasonable notice, to enter the property in any case in which a response or corrective action is found to be necessary; however, no such notice has ever been given by the Army to the Developer.
Notice of Presence of Asbestos . The Developer was informed in the Quitclaim Deed s that several of the existing buildings on the property were determined to contain friable and non - friable asbestos that may pose a threat to human health. Pursuant to the Original Quitclaim Deed, the Army agreed to transfer the buildings and structures to the Developer, prior to remediation of asbestos hazards, in reliance upon the Developer’s express representation and promise that the Developer would, prior to use or occupancy of said buildings, demolish the buildings or the portions thereof containing friable asbestos, disposing of asbestos contaminated material in accordance with applicable laws and regulations. The quitclaim deed from the City contained similar provisions. The Developer has advised that it has removed the buildings located on the property in both Phase 1 and 2 of the Dunes development, aggregating approximately one -half of the 900 or so structure s originally located on the Dunes property at the time it was conveyed to the Developer . The Developer expects to remove the remaining structures as it continues developing the Dunes property. In the Quitclaim Deeds, the Developer agreed to indemnify and hold harmless the Army, the Former Agency, the City and their officers, agents and employees, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorneys’ fees arising out of, or in any manner predicated upon, future exposure to asbestos on any portion of the applicable parcels after the conveyance of the applicable parcels to the Developer. The Developer has represented that all of its building removal activities have been conducted in accordance with applicable laws and regulations.
Lead-Based Paint. In the Quitclaim Deed s, the Developer was informed of and acknowledged that all buildings on the Dunes property at the time of conveyance of the property and which were constructed or rehabilitated prior to 1978 were presumed to contain lead-based
EXHIBIT B
73 -56-
paint. In the Quitclaim Deeds, the Developer agreed that prior to permitting the occupancy of the applicable parcels where their use subsequent to sale is intended for residential habitation, the Developer will perform, at its sole expense, the Army’s abatement requirements under Title X of the Housing and Community Development Act of 1992 (Residential Lead -Based Paint Hazard Reduction Act of 1992), and will conduct various specified activities in that regard. In complying with t hose requirements, the Developer covenanted and agreed to be responsible for any abatement or remediation of lead -based paint or lead -based paint hazards on the applicable parcels found to be necessary as a result of the subsequent use of the applicable pa rcels for residential purposes. See the preceding paragraph regarding the removal by the Developer of structures located on the Dunes property which removal effectively remediated lead-based paint issues arising from the buildings.
Pesticides. The Quitclaim Deeds notified the Developer that pesticides may be present on the respective property conveyed to the Developer. Each Quitclaim Deed represented that “To the best of Government’s knowledge, the presence of pesticides does not currently pose a threat to human health or the environment, and the use and application of any pesticide product by the Army was in accordance with its intended purpose, and in accordance with CERCLA.”
Notice of the Presence of Polychlorinated Biphenyls (“PCBS”) . The Quitclaim Dee ds acknowledge that fluorescent light ballasts containing PCBs were present on the applicable parcels. The Army represented in the Quitclaim Deeds that “… PCB containing equipment does not currently pose a threat to human health or the environment when man aged properly. All PCB-containing equipment is presently in full compliance with applicable laws and regulations.”
Contaminated Groundwater . The Quitclaim Deed s acknowledge that the groundwater beneath certain portions of the property is contaminated with volatile organic compounds, primarily trichloroethylene. In the Quitclaim Deed s, the Developer covenanted for itself, its successors, and assigns not to access or use groundwater underlying the property for any purpose. The Developer has also represented that the Dunes has received an allocation of water, through FORA to the City which, in turn, allocated water to the Dunes through development entitlements. Available water is provided by the Salinas Valley Groundwater Basin aquifers not impacted by contamination with volatile compounds. Water for the project is provided by the local Marina Coast Water District, and the allocation is sufficient for all of the planned development of the Dunes.
Potential for Presence of Ordnance and Explosive s. The property conveyed pursuant to the Quitclaim Deeds was primarily used by the Army for training purposes, and each Quitclaim Deed states that: “Ordnance and explosives (OE) investigations indicate that it is not likely that OE is located within the Property.” The Developer has agreed in the Quitclaim Deeds that should it or any of its successors and assigns discover any ordnance on the property, they shall not attempt to remove or destroy it, but will immediately complete an Ordnance and Explosives Incident Reporting Form, and notify applicable police and government representatives. The Developer has advised that, to date, it has not encountered any ordnance on the Dunes property.
Environmental Protection Agency Letter. In a letter dated March 31, 2003 , the Chief of the Federal Facility and Site Cleanup Branch, Superfund Division of the United States Environmental Protection Agency Region IX (the “EPA”) indicated that the EPA had received the FOST, and that all parcels identified within the FOST have ei ther been cleaned up or identified as “uncontaminated” under CERCLA. The letter states that EPA has reviewed the FOST, including various related documents (collectively, the “Documents”) and that: “Without independent investigation or verification of certain information contained in the Documentation, the [signatory to the letter] concurs, to the extent set forth below, with the Army’s determination that all remedial action necessary to protect human health and the environment with respect to any
EXHIBIT B
74 -57-
hazardous substance remaining on the parcels has been taken.” The letter goes on to state that:
“The concurrence shall not be construed in any manner inconsistent with any obligation, right or authority existing under the Fort Ord Federal Facility Agreement, and all amendments thereto, entered into by EPA, the State of California and the Army. The undersigned expressly reserves all rights and authorities relating to information not contained in the Documentation, whether such information is known as of this date, or is discovered in the future.” The letter concludes that: “… EPA concurs that the [parcels identified in the FOST] are suitable for transfer for the intended reuse, given the environmental restrictions identified.”
Responsibility for Future Environmental Actions. Under CERCLA, the United States would be liable for the remediation of any environmental contamination that may be found in any land transferred to the Developer, except for any asbestos or lead-based paint in buildings on land so transferred the remediation of which is the responsibility of the Developer.
Environmental Insurance. In connection with a risk analysis undertaken by FORA prior to the conveyance of former Fort Ord Army Base property to FORA, especially as it related to possible unexploded ordinance on the property, FORA obtained a pollution legal liability insurance policy. The policy was for a ten year term which expired in 2014, and was replaced with a new policy that came into effect on December 31, 2014 and extends to December 31, 2024.
The current policy provided by Chubb Custom Insurance Company is a claims-made policy with an aggregate limit of $50,000,000 and a deductible of $500,000, that insures against preexisting and new pollution incidents at various sites within the Fort Ord property. The policy has various exclusions, including liability arising from asbestos, lead based -paint, and ground water contamination. The City is a named insured under the policy with respect to certain of the property located in the City, with an aggregate policy limit of $1,000,000 and a $500,000 deductible, with the coverage reflecting the fact that the portions of the former Fort Ord Army Base in the City were not those where unexploded ordinance was likely to be discovered. The Developer also purchased a separate pollution liability policy in respect of its operations in the City, that also was a claims-made policy, but that policy has expired.
According to FORA before it was dissolved on June 30, 2020, and the City, no claims have ever been filed under the prior or current pollution liability policy obtained by FORA. The Developer reports that it never made any claim under the pollution liability policy obtained by it. If a claim is ever filed and honored under the current FORA policy (which includes coverage for the City described above), the proceeds are in no way pledged to the payment of the Bonds, and would be expected to be used to cover costs related to the insured event.
EXHIBIT B
75 -58-
Development Program/Phasing
As entitled in 2005, and subsequently amended by implementing agreements listed under the Entitlements section above, the DDA contemplated the anticipated development of the Dunes generally as follows:
Phase Residential Commercial Parks/Open Space
Phase 1 • 332 SFD Homes
• 108 Unit Affordable
Housing Rental Complex
• 84 Townhome/condo/
live work units within
mixed use Promenade
• 408,000 sf retail
• 269,000 sf office/business park
• 196 hotel rooms
• 150,000 sf Village
Center/Promenade commercial
• Village Square
• Village Center linear Park
• 9th Street Corridor/
Roundabout Multi-use trail
• Residential Parks
Phase 2 • 316 units, SFD
• 142 affordable
• 2,000 sf retail
• 294 hotel rooms
• 20 acre Large City park
•8 acre Small City park
• Linear parks
• 9th Street Multi-use trail
• Residential parks
Phase 3 • 255 units, SFD • 23,000 sf retail
• 399,000 sf office/business park
• 2 acre Small City park
• Linear parks
The Dunes project is anticipated to be developed in multiple phases (See next page for a phasing map of the project).
EXHIBIT B
76 -59-
PLAN ELEMENTS
MAY 07, 2018
ELEM.
SCHOOL
NEIGHBORHOOD
RETAILGOODWILL
VETERANS
YOUNG NAK CHURCH
HOTEL
HOTEL
CITY
PARK
CITY
PARK
CITY
PARK
OFFICE
OFFICE
OFFICE
OFFICE
APTS
ARTS
DISTRICT
MEDICAL
OFFICE
RESIDENTIAL
REGIONAL
RETAIL
1 1
MIXED USE
PHASE 1
PHASE 2
PHASE 3
OPPORTUNITY PHASE
FORA OFFICE
PARTNERS
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
VA/DOD
CLINIC
RESIDENTIAL
RESIDENTIAL
THEATER
EXHIBIT B
77 -60-
Conveyance of the property to the Developer is provided for in the DDA, and anticipates three primary conveyances with the opportunity for the Developer to acquire several smaller sites within each phase should market opportunities for development of the sites occur. The purchase price was originally $48 million for all three phases plus profit participation payments should the Developer achieve certain thresholds of return. The purchase price was adjusted to $43 million in accordance with amendments to the DDA made by the Second Implementation Agreement, which also inclu ded the Former Agency Obligation. In addition, this subsequent agreement required the Developer to lower its return threshold for sharing of land development profits, with the Developer sharing 50% of these profits above the threshold with the City/Successor Agency.
To date, the Developer has acquired both the Phase 1 and 2 Property from the City consisting of approximately 256 acres (149 acres in Phase 1, 106.9 acres in Phase 2), at a combined land purchase price of $19.56 million ($6 million for Phase 1, $13.5 million for Phase 2).
Development/Construction Completed to Date
To date, significant portions of Phase 1 have been completed as described below.
Residential:
• 108 unit Low/Very Low Affordable Housing Apartment Complex • 500 single family homes constructed by Shea Homes
Commercial:
• 368,000 sf regional retail center anchored by Target
• 40,000 sf retail Shops at the Dunes, neighborhood quick serve restaurant/service commercial
• 106 room Springhill Suites
• 5 screen Cinemark Theater
• 140,000 sf VA/DOD regional health clinic
• 63,000 Community Hospital of Monterey Peninsula (now Montage Health) medical and wellness center facility
Public Parks/open space
• 9th Street Multi-modal corridor and roundabout (west) • Village Square
• Residential parks A, J, K
Public/Private Streets
• 39.88 acres of streets - 9th Street, General Stillwell Drive, 3rd Avenue, 8th Street, 10th Street, residential streets, commercial access ways
Future Development
Near Term Improvements. The Dunes project is progressing with the key components for the buildout of the remainder of Phase 1. First, there is market analysis, financial modeling, and site and architectural planning underway for the Promenade. This is anticipated to be a mixed-use development, combining approximately 84 townhome/condominium units, including live/work townhomes, and approximately 30,000 square feet of commercial space,
EXHIBIT B
78 -61-
including a specialty grocer. One restaurant tenant has been secured and other are anticipated in 2023. Site preparation work is currently underway, with completion of the first residential and commercial buildings in 2023.
The next component of development to complete Phase 1 is the office and related uses west of the theater, encompassing nearly 6.7 acres, including the former brick building. These parcels are being promoted for flex office, condominiums. The Developer is currently negotiating with a development entity for sale and development of this site. It is anticipated this property will be sold to third-party developers in 2023 with completion of initial buildings in 2024.
Additionally, the opportunity sites 1A, 1B and 1C (formerly known as CDEC hill in Fort Ord) are being planned for two hotels, a service station, and residential land uses, with marketing studies and financial modeling completed. These improvements, and other improvements in future phases of the Dunes project, may be subject in some cases to City Council discretionary land use approvals that may or may not be granted by the City Council, subject in any event to agreements and approvals currently in place. The City, through an option with the Developer, has chosen a preferred hotel developer which is currently preparing site and architectural plans for approval, The Developer has sold the hotel property to the preferred hotel developer via the option agreement. The residential is currently being planned and already has tentative map approval. Demolition of military barrack structures from the project site was completed in June, 2020.
Finally, park planning for the large City park is also underway, with preliminary park plans developed and final plans anticipated in 2023, with improvements to begin as soon as late 2023, or early 2024. Development of this park would also include a historical element, with preservation of a military barrack as a museum of Fort Ord. of the City is currently removing the remaining military barrack structures.
For Phases 2 and 3, construction is currently underway with significant reside ntial units completed in Phase 2, infrastructure underway in Phase 2 West and building removal in Phase 3.
The Developer has received approval of an amended tentative subdivision map for Phase 2 and is awaiting approval of final maps and improvement plans Site clearing, grading and underground infrastructure is underway with residential construction to begin in early 2023. All discretionary land use approvals have been granted by the City Council for Phases 2 and 3 of the development.
As Phase 2 developmen t progresses, the Developer will then engage in Phase 3 improvement plan preparation with the expectation of continuing the momentum from Phase 2 without lag into Phase 3. Phase 3 includes a 26 acre business/office park for which the Developer is currently negotiating a purchase and sale agreement with a major medical use for 10 acres of this park.
The Developer
The Dunes on Monterey Bay (the Dunes project) is being developed by Marina Community Partners, LLC (referred to in this Official Statement as the “Developer”), a land development company originally comprised of three members: Shea Homes Limited Partnership, Shea Properties, LLC and, Centex Homes. Today, the Developer is wholly owned by Shea Homes Limited Partnership (“Shea”). The D eveloper operates with offices located in the City, and through oversight of Shea ’s Northern California division located in Livermore, California. The Developer was formed in 2003 and is a Delaware limited liability company.
EXHIBIT B
79 -62-
The purpose of the Developer i s to acquire the property necessary for the Dunes project from the City and to develop the Dunes project master plan for sale to parties related to Shea or the Developer, or for sale to third-party developers or owners for vertical construction, sale and/or use. The Developer’s investment in the Dunes project to date has come from internal funds from each of the members. The funds have been used for land acquisition, entitlements, and backbone infrastructure for the project. Funding for improvements in futu re project phases are anticipated to come from similar sources.
Shea is headquartered in Walnut, California, near Los Angeles, California, and is privately owned. Shea has multiple divisions including both single family and active adult focused homebuilding operations in states including California, Arizona, Nevada, Washington, Colorado, Texas, Florida, Virginia and North Carolina.
Recently, Shea celebrated its 100,000th closing. Shea is the 13th largest home builder in the United States, as rated by closings in 2017. Currently Shea’s Northern California division has 14 active residential and/or master planned communities under development throughout Northern California.
RISK FACTORS
The following information should be considered by prospective investors in evaluating the Bonds. However, the following does not purport to be an exhaustive listing of risks and other considerations which may be relevant to investing in the Bonds. In addition, the order in which the following information is presented is not intended to reflect the relative importance of any such risks.
The various legal opinions to be delivered concurrently with the issuance of the Bond s will be qualified as to the enforceability of the various legal instruments by limitations imposed by State and federal laws, rulings and decisions affecting remedies, and by bankruptcy, reorganization or other laws of general application affecting the enforcement of creditors’ rights, including equitable principles.
Limited Source of Funds to Repay Bonds
The Bonds are payable from the Pledged Non -Housing Funds, which are derived solely from increases in the property tax revenues arising from the Dunes development. See “SECURITY FOR THE BO NDS” and “THE DUNES PORTION OF THE MERGED PROJECT AREA.” Reductions in the assessed value of the property in the Dunes development would result in a reduction in the Pledged Non-Housing Funds, and could result in a failure of the Successor Agency to make t imely payment of the debt service due on the Bonds. See “RISK FACTORS— Reduction in Taxable Value.” The Successor Agency expects to issue Parity Debt secured by the pledge of the Pledged Non -Housing Funds under the Indenture as assessed values of the property in the Dunes development increases, as a consequence of further development of the Dunes project. See “FINANCING PLAN—The Infrastructure Note” and “SECURITY FOR THE BONDS—Parity Debt.”
Recognized Obligation Payment Schedule
The Dissolution Act provides that only those payments listed in a Recognized Obligation Payment Schedule may be made by a successor agency from the funds specified in the Recognized Obligation Payment Schedule. Pursuant to Section 34177 of the Dissolution Act, on or before each February 1 commencing February 1, 2016, the Successor Agency shall submit to
EXHIBIT B
80 -63-
the Oversight Board and the DOF, a Recognized Obligation Payment Schedule unless, at the option of the Successor Agency and subject to DOF approval and satisfaction of certain other conditions, a Last and Final Recognized Obligation Payment Schedule is filed by the Successor Agency and is approved by the DOF in which event no such periodic filing requirements apply.
In instances where a Last and Final Recognized Obligation Payment Schedule is not filed, for each annual period, the Dissolution Act requires each successor agency to prepare and approve, and submit to the successor agency ’s applicable oversight board and the DOF for approval, a Recognized Obligation Payment Schedule pursuant to which enforceable obligations (as defined in the Dissolution Act) of the successor agency are listed, together with the source of funds to be used to pay for each enforceable obligation. Consequently, in instances where a Last and Final Recognized Obligation Payment Schedule is not filed, Pledged Non-Housing Funds will not be withdrawn from the Redevelopment Property Tax Trust Fund by the County Auditor-Controller and remitted to the Successor Agency without a duly approved and effective Recognized Obligation Payment Schedule to pay debt service on the Bonds and to pay other enforceable obligations for each applicable annual period. In the event the Successor Agency were to fail to file a Recognized Obligation Payment Schedule as required, the availability of Pledged Non- Housing Funds to the Successor Agency could be adversely affected for such period. See “THE DISSOLUTION ACT—Recognized Obligation Payment Schedules.” The Successor Agency has indicated that it has no current plans to file a Last and Final Recognized Obligation Payment Schedule. See last paragraph under “THE DISSOLUTION ACT —Recognized Obligation Payment Schedules – Submission of Recognized Obligation Payment Schedule.”
In instances where a Last and Final Recognized Obligation Payment Schedule is not filed, if a successor agency does not submit a Recognized Obligation Payment Schedule within five business days of the date upon which the Recognized Obligation Payment Schedule is to be used to determine the amount of property ta x allocations, the DOF may determine if any amount should be withheld by the county auditor -controller for payments for enforceable obligations from distribution to taxing entities, pending approval of a Recognized Obligation Payment Schedule. The county auditor -controller is then required to distribute the portion of any of the sums withheld as described above to the affected taxing entities in accordance with applicable provisions of the Dissolution Act upon notice by the DOF that a portion of the withheld balances are in excess of the amount of enforceable obligations. Although the Successor Agency currently has no plans to file a Last and Final Recognized Obligation Payment Schedule nothing in the Indenture prevents it from doing so in the future.
For a description of the covenant made by the Successor Agency in the Indenture relating to the obligation to submit Recognized Obligation Payment Schedules on a timely basis, see “SECURITY FOR THE BONDS—Recognized Obligation Payment Schedules.”
AB 1484 also a dded provisions to the Dissolution Act implementing certain penalties in the event a successor agency does not timely submit a Recognized Obligation Payment Schedule as required. Specifically, an oversight board approved Recognized Obligation Payment Schedule must be submitted by the successor agency to the county auditor-controller and the DOF, no later than each February 1 for the subsequent annual period. If a successor agency does not submit a Recognized Obligation Payment Schedule by such deadlines, the city or county that established the redevelopment agency will be subject to a civil penalty equal to $10,000 per day for every day the schedule is not submitted to the DOF. Additionally, a successor agency’s administrative cost allowance is reduced by 25% if the successor agency does not submit an oversight board - approved Recognized Obligation Payment Schedule within 10 days of the February 1 deadline, with respect to the Recognized Obligation Payment Schedule for the subsequent annual period.
EXHIBIT B
81 -64-
Challenges to Dissolution Act
Several successor agencies, cities and other entities have filed judicial actions challenging the legality of various provisions of the Dissolution Act. One such challenge is an action filed on August 1, 2012, by Syncora Guarantee Inc. and Syncora Capital Assurance Inc. (collectively, “Syncora”) against the State, the State Controller, the State Director of Finance, and the Auditor- Controller of San Bernardino County on his own behalf and as the representative of all other County Auditors in the State (Superior Court of the State of California, County of Sacramento, Case No. 34-2012-80001215). Syncora are monoline financial guaranty insurers domiciled in the State of New York, and as such, provide credit enhancement on bonds issued by state and local governments and do not sell other kinds of insurance such as life, health, or property insurance.
Syncora provided bond insurance and other related insurance policies for bonds issued by former California redevelopment agencies.
The complaint alleged that the Dissolution Act, and specifically the “Redistribution Provisions” thereof (i.e., California Health and Safety Code sections 34172(d), 34174, 34177(d), 34183(a)(4), and 34188) violate the “contract clauses ” of the United States and California Constitutions (U.S. Const. art. 1, §10, cl.1; Cal. Const. art. 1, §9) because they unconstitutionally impair the contracts among the former redevelopment agencies, bondholders and Syncora. The complaint also alleged that the Redistribution Prov isions violate the “Takings Clauses” of the United States and California Constitutions (U.S. Const. amend. V; Cal Const. art. 1 § 19) because they unconstitutionally take and appropriate bondholders ’ and Syncora’s contractual right to critical security mechanisms without just compensation.
After hearing by the Sacramento County Superior Court on May 3, 2013, the Superior Court ruled that Syncora ’s constitutional claims based on contractual impairment were premature. The Superior Court also held that Syncora’s takings claims, to the extent based on the same arguments, were also premature. Pursuant to a Judgment stipulated to by the parties, the Superior Court on October 3, 2013, entered its order dismissing the action. The Judgment, however, provides that Syncora preserves its rights to reassert its challenges to the Dissolution Act in the future. The Successor Agency does not guarantee that any reassertion of challenges by Syncora or that the final results of any of the judicial actions brought by others cha llenging the Dissolution Act will not result in an outcome that may have a material adverse effect on the Successor Agency’s ability to timely pay debt service on the Bonds.
Reduction in Taxable Value
Pledged Non-Housing Funds allocated to the Redevelopm ent Property Tax Trust Fund and thereby available to pay principal of and interest on the Bonds are determined by the amount of incremental taxable value in the Dunes development and the current rate or rates at which property in the Dunes development is taxed. The reduction of taxable values of property in the Dunes development caused by economic factors beyond the Successor Agency’s control, such as sale of property to a non -profit corporation or governmental entity exempt from property taxation, or the complete or partial destruction of such property caused by, among other eventualities, earthquake or other natural disaster, could cause a reduction in the Pledged Non- Housing Funds available to pay debt service on the Bonds. Such reduction of Pledged Non- Housing Funds to pay debt service on the Bonds could have an adverse effect on the Successor Agency’s ability to make timely payments of principal of and interest on the Bonds; this risk could be increased by the significant concentration of property ownership in the Dunes development.
See “THE DUNES PORTION OF THE MERGED PROJECT AREAS—Largest Taxpayers.”
As described in greater detail under the heading “PROPERTY TAXATION IN CALIFORNIA – Article XIIIA of the State Constitution,” Article XIIIA provides that the full cash
EXHIBIT B
82 -65-
value base of real property used in determining taxable value may be adjusted from year to year to reflect the inflation rate, not to exceed a two percent increase for any given year, or may be reduced to reflect a reduction in the consumer price index, comparable local data or any reduction in the event of declining property value caused by damage, destruction or other factors (as described above). Such measure is computed on a calendar year basis. Any result ing reduction in the full cash value base over the term of the Bonds with respect to property in the Dunes development could reduce the Pledged Non-Housing Funds available to pay debt service on the Bonds.
In addition to the other limitations on, and required application under the Dissolution Act of Tax Revenues on deposit in the Redevelopment Property Tax Trust Fund, the State electorate or Legislature could adopt a constitutional or legislative property tax reduction with the effect of reducing Tax Revenues allocated to the Redevelopment Property Tax Trust Fund and thereby the Pledged Non-Housing Funds. Although the federal and State Constitutions include clauses generally prohibiting the Legislature ’s impairment of contracts, there are also recognized exceptions to these prohibitions. There is no assurance that the State electorate or Legislature will not at some future time approve additional limitations that could reduce the Tax Revenues and adversely affect the source of repayment and security of the Bonds.
Limitations on Remedies
The enforceability of the rights and remedies of the owners of the Bonds and the obligations of the Successor Agency may become subject to the following: the federal bankruptcy code and applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting the enforcement of creditors’ rights generally, now or hereafter in effect; equitable principles which may limit the specific enforcement under state law of certain remedies: the exercise by the United States of America of the powers delegated to it by the federal Constitution; and the reasonable and necessary exercise, in certain exceptional situations of the police power inherent in the sovereignty of the State and its governmental bodies in the interest of servicing a significant and legitimate public purpose. Bankruptcy proceedings, or the exercise of powers by the federal or state government, if initiated, could subject the owners of the Bonds to judicial discretion and int erpretation of their rights in bankruptcy or otherwise and consequently may entail risks of delay, limitation, or modification of their rights.
Bond Counsel has limited its opinion as to the enforceability of the Bonds and of the Indenture to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or other similar laws affecting generally the enforcement of creditors ’ rights, by equitable principles and by the exercise of judicial discretion. The lack of availability of certain remedies or the limitation of remedies may entail risks of delay, limitation or modification of the rights of the Bond Owners.
Risks to Real Estate Market
The Successor Agency’s ability to make payments on the Bonds will be dependent upon the economic strength of the property in the Dunes development . The general economy of the property in the Dunes development will be subject to all of the risks generally associated with urban real estate markets. Real estate prices and development may be adversely affected by changes in general economic conditions, fluctuations in the real estate market and interest rates, unexpected increases in development costs and by other similar factors. Further, real estate development within the Dunes development could be adversely affected by limitations of infrastructure or future governmental policies, including governmental policies to restrict or control development. In addition, if there is a significant decline in the general economy of the City, the owners of property within the Dunes development may be less able or less willing to
EXHIBIT B
83 -66-
make timely payments of property taxes or may petition for reduced assessed valuation causing a delay or interruption in the receipt of Tax Revenues by the Successor Agency, and thereby the Pledged Non-Housing Funds . See “ THE DUNES PORTION OF THE MERGED PROJECT AREAS—Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage ” for a description of the projected debt service coverage on the Bonds.
Concentration of Property Ownership
Based on fiscal year 2022-23 assessed taxable valuations, the top ten taxable property owners in the Dunes development represent 47.2% of the total fiscal year 2022-23 assessed value.
A default by any such taxpayer in the payment of its property taxes could materially and adversely affect the ability of the Successor Agency to pay debt service on the Bonds. See “THE DUNES PORTION OF THE MERGED PROJECT AREAS—Largest Taxpayers.”
Reduction in Inflationary Rate
As described in greater detail below, Article XIIIA of the State Constitution provides that the full cash value of real property used in determining taxable value may be adjusted from year to year to reflect the inflationary rate, not to exceed a 2% increase for any given year, or may be reduced to reflect a reduction in the consumer price index or comparable local data. Such measure is computed on a calendar year basis. Because Article XIIIA limits inflationary assessed value adjustments to the lesser of the actual inflationary rate or 2%, there have been years in which the assessed values were adjusted by actual inflationary rates, which were less than 2%. See “PROPERTY TAXATION IN CALIFORNIA – Article XIIIA of the State Constitution.” The Successor Agency is unable to predict if any further adjustments to the full cash value base of real property within the Redevelopment Projects, whether an increase or a reduction, will be realized in the future.
Future Land Use Regulations and Growth Control Initiatives
In the past, citizens of a number of local communities in California have placed measures on the ballot designed to limit the issuance of building permits or impose other restrictions to control the rate of future growth in thos e areas. It is possible that future initiatives could be enacted that could be applicable to the City and have a negative impact on the ability of developers in the Redevelopment Project to complete any existing or proposed development.
Bond Owners should assume that any event that significantly affects the ability to develop land in the City could cause the land values within the Redevelopment Project to decrease substantially and could affect the willingness and ability of the owners of land within the Redevelopment Project to pay property taxes when due.
There can be no assurance that land development within the Dunes development will not be adversely affected by future governmental policies, including, but not limited to, government policies to restrict or control development. Under current State law, it is generally accepted that proposed development is not exempt from future land use regulations until building permits have been issued and substantial work has been performed and substantial liabilities have been incurred in good faith reliance on the permits prior to the adoption of such regulations.
Assessment Appeals
Property taxable values may be reduced as a result of a successful appeal of the taxable value determined by the County Assessor. An appeal may result in a reduction to the County Assessor’s original taxable value and a tax refund to the applicant property owner. A reduction in taxable values within the Dunes development and the refund of taxes which may arise out of
EXHIBIT B
84 -67-
successful appeals by property owners will affect the amount of Pledged Non-Housing Funds.
The Successor Agency has in the past experienced reductions in its tax increment revenues as a result of assessment appeals. The actual impact to tax increment is dependent upon the actual revised value of assessments resulting from values determined by the County Assessment Appeals Board or through litigation and the ultimate timing of successful appeals. For a discussion of historical assessment appeals in the Dunes development and summary information regarding pending and resolved assessment appeals for the Successor Agency, see “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Assessment Appeals ” and Section 5 of APPENDIX G—FISCAL CONSULTANT’S REPORT.
The Developer and related parties, and one other of the top ten largest property taxpayers in the Dunes development, have pending property tax appeals. See “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Assessment Appeals” for a description of pending appeals and the potential impact on Pledged Non-Housing Funds if the appeals are granted.
Levy and Collection of Taxes
The Successor Agency has no independent power to levy or collect property taxes. Any reduction in the tax rate or the implementation of any constitutional or legislative property tax decrease could reduce the Pledged Non-Housing Funds used to pay debt service on the Bonds.
Delinquencies in the payment of property taxes by the owners of land in the Dunes development, and the impact of bankruptcy proceedings on the ability of taxing agencies to collect property taxes, could have an adverse effect on the Successor Agency ’s ability to make timely payments on the Bonds.
Bankruptcy and Foreclosure
The payment of the property taxes from which the Pledged Non -Housing Funds are derived and the ability of the County to foreclose the lien o f a delinquent unpaid tax may be limited by bankruptcy, insolvency, or other laws generally affecting creditors ’ rights or by the laws of the State relating to judicial foreclosure. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel’s approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium, or other similar laws affecting creditors ’ rights, by the application of equitable principles and by the exercise of judicial discretion in appropriate cases.
Although bankruptcy proceedings would not cause the liens to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings. Although such delay would increase the possibility of delinquent tax installments not being paid in full and thereby increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds, the Successor Agency believes any such adverse impact is unlikely in light of the debt service coverage provided by fiscal years 2022-23 and 2023-24 Pledged Non-Housing Funds . See “THE DUNES PORTION OF THE MERGED PROJECT AREAS — Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage” for a description of the debt service coverage on the Bonds.
Estimated Revenues
In estimating that Pledged Non-Housing Funds will be sufficient to pay debt service on the Bonds, the Fiscal Consultant has made certain assumptions with regard to present and future assessed valuation in the Dunes development, future tax rates and percentage of taxes collected.
The Successor Agency believes these assumptions to be reasonable, but there is no assurance
EXHIBIT B
85 -68-
these assumptions will be realized and to the extent that the assessed valuation and the tax rates are less than expected, the Pledged Non-Housing Funds available to pay debt service on the Bonds will be less than those projected and such reduced revenues may be insufficient to provide for the payment of principal of and interest on the Bonds. See “THE DUNES PORTION OF THE MERGED PROJECT AREAS —Projected Pledged Non-Housing Funds and Estimated Debt Service Coverage.”
Seismic Factors and Flooding
The occurrence of severe seismic activity and/or flooding in the Dunes development could result in substantial damage to property located in the Dunes development, and could lead to successful appeals for reduction of assessed values of such property. Such a reduction could result in a decrease in Pledged Non-Housing Funds.
The San Andreas Fault runs through the southeastern portion of the County for approximately 30 miles and poses the single greatest seismic risk to the City. Two other active faults incl ude the Palo Colorado -San Gregorio Fault zone and the Monterey Bay Fault zone, which lies seaward of the City extending northwesterly to the Pacific Ocean. The western boundary of the City is located on the Pacific Ocean and the City is at risk of tsunami inundation along the shoreline and in the Salinas River flood plain to the north of the City ; however, the Dunes development is not located in any Federal Emergency Management Agency flood zone.
Hazardous Substances
An environmental condition that may re sult in the reduction in the assessed value of parcels in the Dunes development would be the discovery of a hazardous substance that would limit the beneficial use of the property. In general, the owners and operators of an assessed parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as CERCLA or the Superfund Act, is the most well-known and widely applicable of these laws but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner (or operator) is obligated to remedy a hazardous substance condition on the property whether or not the owner (or operator) has anything to do with creating or handling the hazardous substance.
The effect, therefore, should any of the assessed parcels be affected by a hazardous substance would be to reduce the marketability and value of the parcel by the costs of remedying the condition, since the purchaser, upon becoming owner, will become obligated, along with the seller, to remedy the condition.
The Dunes development is being constructed on a portion of the former Fort Ord Ar my base. See “THE DUNES DEVELOPMENT—Environmental Conditions” for extensive disclosures regarding certain environmental factors related to the Dunes property, and related investigations and remedial efforts.
COVID-19 Pandemic
The spread of COVID-19 has impacted governments, businesses and people in a manner that is having negative effects on global and local economies. In response to the pandemic, the City took actions to activate its emergency operations center, temporarily c lose all non-essential City services, introduced teleworking as and where appropriate, implemented daily screening of all employees, and abided by all state and federal guidelines and orders. The City actively monitors the COVID-19 situation in the community and acts swiftly to issue executive orders to mitigate the spread of the virus. Additionally, the City has forged a strong relationship with the
EXHIBIT B
86 -69-
Monterey County Health Department and local medical clinics to ensure timely sharing of information and coordinated responses to issues. The City continues to monitor the spread of COVID-19 and is working with local, state, and national agencies to address the potential impact of the pandemic upon the City and its related entities such as the Successor A gency. There can be no assurances that the spread of COVID-19 and/or responses intended to slow the spread of COVID-19 such as declining business and travel activity, will not materially adversely impact the state and national economies and, accordingly, materially adversely impact property values within the Project Areas.
Cybersecurity
The Successor Agency, like many other public and private entities, relies on computer and other digital networks and systems to conduct its operations. As a recipient an d provider of personal, private or other sensitive electronic information, the Successor Agency is potentially subject to multiple cyber threats, including without limitation hacking, viruses, ransomware, malware and other attacks. No assurance can be g iven that the Successor Agency's efforts to manage cyber threats and attacks will be successful in all cases, or that any such attack will not materially impact the operations or finances of the Successor Agency. The Successor Agency is also reliant on other entities and service providers in connection with the administration of the Bonds, including without limitation the County tax collector for the levy and collection of funds in the RPTTF, and the Trustee.
No assurance can be given that the Successor Agency and the other entities the Successor Agency relies on will not be affected by cyber threats and attacks in a manner that may affect the owners of the Bonds.
Changes in the Law
There can be no assurance that the California electorate will not at some future time adopt initiatives or that the Legislature will not enact legislation that will amend the Dissolution Act, the Redevelopment Law or other laws or the Constitution of the State resulting in a reduction of the Pledged Non-Housing Funds available to pay debt service on the Bonds.
Loss of Tax-Exemption
As discussed under the caption “TAX MATTERS,” interest on the Bonds could become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the Successor Agency in violation of its covenants in the Indenture.
In addition, current and future legislative proposals, if enacted into law, may cause interest on the Bonds to be subject, directly or indirectly, to federal income taxation by, for example, changing the current exclusion or deduction rules to limit the aggregate amount of interest on state and local government bonds that may be treated as tax exempt by individuals.
Should such an event of taxability occur, the Bonds are not subject to special redemption and will remain outstanding until maturity or until redeemed under other provisions set forth in the Indenture.
Secondary Market
There can be no guarantee that there will be a seco ndary market for the Bonds, or, if a secondary market exists, that the Bonds can be sold for any particular price. Occasionally, because
EXHIBIT B
87 -70-
of general market conditions or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Finally, the Successor Agency does not intend to make an application for the assignment of a rating for the Bonds, which may further limit a secondary market for the Bonds. See “NO RATING.”
TAX MATTERS
Federal tax law contains a number of requirements and restrictions which apply to the Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The Successor Agency has covenanted to comply with all requirements that must be satisfied in order for the interest on the Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Bonds to become includible i n gross income for federal income tax purposes retroactively to the date of issuance of the Bonds.
Subject to the Successor Agency’s compliance with the above referenced covenants, under present law, in the opinion of int & Thimmig LLP, Larkspur, California, Bond Counsel , interest on the Bonds is excludable from the gross income of the owners thereof fo r federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended (the “Code”).
For tax years beginning after December 31, 202 2, interest on the Bonds may affect the corporate alternative minimum tax for certain corporations.
In rendering its opinions, Bond Counsel will rely upon certifications of the Successor Agency with respect to certain material facts within the Successor A gency’s knowledge. Bond Counsel’s opinion represents its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result.
Ownership of the Bonds may result in collateral federa l income tax consequences to certain taxpayers, including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences.
The issue price (the “Issue Price”) for the Bonds is the price at which a substantial amount of the Bonds is first sold to the public. The Issue Price of the Bonds may be different from the price set forth, or the price corresponding to the yield set forth, on the inside cover page hereof.
Owners of Bonds who dispose of Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase Bonds in the initial public offering, but at a price different from the Issue Price or purchase Bonds subsequent to the initial public offering should consult their own tax advisors.
If a Bond is purchased at any time for a price that is less than the Bond’s stated redemption price at maturity, the purchaser will be treated as having purchased a Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies).
Accrued market discount is treated as taxable ordinary income and is recognized when a Bond is
EXHIBIT B
88 -71-
disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the Bonds.
An investor may purchase a Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as “bond premium ” and must be amortized by an investor on a constant yield basis over the remaining term of the Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the Bonds. Investors who purchase a Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bonds.
There are or may be pending in the Congress of the United States legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to Bonds issued prior to enactment. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation.
The Internal Revenue Service (the “Service”) has an ongoing program of auditing tax exempt obligations to determine whether, in the view of the Service, interest on such tax-exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the Bonds.
If an audit is commenced, under current procedures the Service may treat the Successor Agency as a taxpayer and the Bond owners may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome.
Payments of interest on, and proceeds of the sale, redemption or maturity of, tax exempt obligations, including the Bonds, are in certain cases required to be reported to the Service.
Additionally, backup withholding may apply to any such payments to any Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes.
In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income taxes.
Ownership of the Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the Bonds should consult their tax advisors regarding the applicability of any such state and local taxes.
The complete text of the opinion that Bond Counsel expects to deliver upon the issuance of the Bonds is set forth in APPENDIX B—FORM OF OPINION OF BOND COUNSEL.
EXHIBIT B
89 -72-
UNDERWRITING
The Bond s are being purchased by Stifel, Nicolaus & Company, Incorporated (the “Underwriter”). The Underwriter has agreed to purchase the Bonds at a price of $_________ (being the principal amount of the Bonds of $____________.00, less an Underwriter’s discount of $________, and plus/less an original issue premium/discount of $___________). The Underwriter will purchase all of the Bonds if any are purchased.
The Underwriter may offer and sell Bonds to certain dealers and others at a price lower than the offering price stated on the inside cover page of this Official Statement. The offering prices may be changed from time to time by the Underwriter.
MUNICIPAL ADVISOR
KNN Public Finance, LLC, Berkeley, California, has served as municipal advisor (the “Municipal Advisor”) to the Successor Agency in connection with the issuance of the Bonds. The Municipal Advisor is not obligated to under take, and has not undertaken to make, an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in the Official Statement. The fees of the Municipal Advisor are contingent upon the sale and delivery of the Bonds.
LEGAL OPINIONS
The proposed form of Bond Counsel ’s approving opinion with respect to the Bonds is attached hereto in APPENDIX B —FORM OF OPINION OF BOND COUNSEL. In addition to those matters opined on by Bond Counsel, certain legal matters will be passed on for the Successor Agency by Quint & Thimmig LLP, in its capacity as Disclosure Counsel to the Successor Agency for the Bonds and by Goldfarb & Lipman LLP, Oakland , California, in its capacity as general counsel to th e Successor Agency. Certain legal matters will be passed on for the Underwriter by Stradling, Yocca, Carlson & Rauth, a Professional Corporation, Newport Beach, California, in its capacity as Underwriter’s Counsel.
LITIGATION
There is no action, suit or proceeding known to the Successor Agency to be pending and notice of which has been served upon and received by the Successor Agency, or threatened, restraining or enjoining the execution or delivery of the Bonds or the Indenture or in any way contesting or affecting the validity of the foregoing or any proceedings of the Successor Agency taken with respect to any of the foregoing. See, however, “RISK FACTORS— Challenges to Dissolution Act.”
NO RATING
The Successor Agency has not made, and does not intend to make, any application for the assignment of a rating to the Bonds.
EXHIBIT B
90 -73-
CONTINUING DISCLOSURE
The Successor Agency has covenanted for the benefit of owners and Beneficial Owners of the Bonds to provide certain financial information and operating data relating to the Successor Agency (the “Annual Report”) by not later than April 1 after the end of the Successor Agency ’s fiscal year (the current end of the Successor Agency’s fiscal year is on June 30), commencing with the report for the 2021-22 fiscal year, and to provide notices of the occurrence of certain enumerated events. The Annual Report will be filed by the Successor Agency with the Municipal Securities Rulemaking Board (the “MSRB”). The notices of enumerated events will be filed by the Successor Agency with the MSRB. The specific nature of the information to be made available and to be contained in the notices of certain enumerated events is summarized below under the caption APPENDIX D —FORM OF CONTINUING DISCLOSURE CERTIFICATE. These covenants have been made in order to assist the Underwriter in complying with S.E.C. Rule 15c2- 12(b)(5) (the “Rule”).
The Successor Agency has complied in all material respects with respect to prior continuing disclosure obligations under the Rule in connection with the 2018A Bonds, the 2018B Bonds, the 2020A Bonds and the 202B Bonds. In order to promote compliance by the City and the Successor Agency with continuing disclosure obligations, the City has adopted disclosure policies, and the Successor Agency has retained Applied Best Practices, LLC to serve as the dissemination agent under the Continuing Disclosure Certificate for the Bonds. See APPENDIX D—FORM OF CONTINUING DISCLOSURE CERTIFICATE.
AUDITED FINANCIAL STATEMENTS
The City’s annual financial statements for its fiscal year ended June 30, 2021 (the “City Financial Statements”) are attached as APPENDIX E—ANNUAL FINANCIAL STATEMENTS OF THE CITY OF MARINA FOR THE FISCAL YEAR ENDED JUNE 30, 2021. The City Financial Statements include financial information of the Successor Agency for the fiscal year ended June 30, 2021. The financial statements were audited by Chavan and Associates, LLP (the “Auditor”).
The Auditor has not been asked to consent to the inclusion of the City Financial Statements in this Official Statement and has not reviewed this Official Statement.
As described in “SECURITY FOR THE BONDS—Limited Obligation, ” the Bonds are payable from and secured by a pledge of Available Non-Housing Tax Increment Funds and the Bonds are not a debt of the City. APPENDIX E—ANNUAL FINANCIAL STATEMENTS OF THE CITY OF MARINA FOR THE FISCAL YEAR ENDED JUNE 30, 2021 is included in this Official Statement only because it includes the Successor Agency’s audited financial information.
MISCELLANEOUS
All of the preceding summaries of the Indenture, the Redevelopment Law, the Dissolution Act, other applicable legislation, agreements and other documents are made subject to the provisions of such documents respectively and do not purport to be complete statements of any or all of such provisions. Reference is hereby made to such documents on file with the Successor Agency for further information in connection therewith.
This Official Statement does not constitute a contract with the purchasers of the Bond s.
Any statements made in this Official Statement involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that any of the estimates will be realized.
EXHIBIT B
91 -74-
The execution and delivery of this Official Statement by the City Manager of the City of Marina, California, on behalf of the Successor Agency, has been duly authorized by the Successor Agency.
SUCCESSOR AGENCY TO THE MARINA
REDEVELOPMENT AGENCY
By
City Manager
City of Marina, California
EXHIBIT B
92 Appendix A