Agenda — Marina City Council, September 4, 2024 (part 2 of 2)

State of California

EXHIBIT B
15 August 27, 2024 Item No. 10g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 4, 2024

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2024-, APPROVING AN AGREEMENT BETWEEN THE CITY OF

MARINA AND SHEA HOMES, LP, FOR THE LANDSCAPE
MAINTENANCE OF CITY RIGHT OF WAY PARCELS 7, 28, AND 30 AS SHOWN ON THE PHASE 1B PROMENADE FINAL MAP AS WELL AS
PORTIONS OF 2 ND AVENUE AND 8 TH STREET, AND; AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT S ON

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

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2024-, approving an agreement between the City of Marina and Shea Homes, LP, for the Landscape Maintenance of City Parcels 7, 28 and 30 as shown on the Phase 1B Promenade Final Map as well as portions of 2 nd Avenue and 8 th Street, and;

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

BACKGROUND:

At the regularly scheduled meeting of March 21, 2023, the City Council adopted Resolution No. 2023-29, approving the Phase 1B Promenade Final Map for The Dunes on Monterey Bay Development Project Subdivision. As part of the approval for the Phase 1B Promenade Final Map, right of way had been dedicated to the City for roadway, lighting and landscape improvements.

ANALYSIS:

Shea Homes (“Developer”) has expressed to the City interest in taking over maintenance of proposed landscaping within the parcels and streets noted in EXHIBIT A . Maintenance responsibilities to be covered shall consist of all improvements within the areas denoted in Exhibit A including but not limited to landscaping (including irrigation & meter charges ), windscreens, artwork, benches and any lighting not related to public street lighting . Water charges from irrigation will also paid by the Developer. Staff has reviewed the agreement with the Developer (EXHIBIT B) and recommend it for approval.

FISCAL IMPACT:

Improvements within Parcels 7, 28 and 30 along with the portions of 2 nd Avenue and 8 th Street shall be funded and constructed by the Developer through a Homeowners Association that will continue to fully fund and manage the maintenance of these improvements noted above.

CONCLUSION:

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

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

Senior Engineer
Public Works Department
City of Marina
REVIEWED/CONCUR:
____________________________
Nourdin Khayata, P.E.

Interim Public Works Director/City Engineer
City of Marina
_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING AN AGREEMENT BETWEEN THE CITY OF MARINA AND SHEA HOMES, LP, FOR THE LANDSCAPE MAINTENANCE OF CITY RIGHT OF WAY PARCELS 7, 28, AND 30 AS SHOWN ON THE PHASE 1B PROMENADE FINAL MAP AS WELL AS PORTIONS OF 2ND AVENUE AND 8TH STREET, AND; AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, at the regularly scheduled meeting of March 21, 2023 , the City Council adopted Resolution No. 2023-29, approving the Phase 1B Promenade Final Map for The Dunes on Monterey Bay Development Project Subdivision. As part of the approval for the Phase 1B Promenade Final Map, right of way had been dedicated to the City for roadway, lighting and landscape improvements.

WHEREAS, Shea Homes (“Developer”) has expressed to the City interest in taking over maintenance of proposed landscaping within the parcels and streets noted in Exhibit A .

Maintenance responsibilities to be covered shall consist of all improvements within the areas denoted in Exhibit A including but not limited to landscaping (including irrigation & meter charges), windscreens, artwork, benches and any lighting not related to public street lighting.

Water charges from irrigation will also paid by the Developer. Staff has reviewed the agreement with the Developer (Exhibit B) and recommend it for approval.

WHEREAS, improvements within Parcels 7, 28 and 30 along with the portions of 2 nd Avenue and 8 th Street shall be funded and constructed by the Developer through a Homeowners Association that will continue to fully fund and manage the maintenance of these improvements noted above.

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

1. Approve an agreement between the City of Marina and Shea Homes, LP, for the Landscape Maintenance of City Parcels 7, 28 and 30 as shown on the Phase 1B Promenade Final Map as well as portions of 2nd Avenue and 8th Street, and;

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

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 4th day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, City Clerk
3 PUBLIC WORKS DEPARTMENT

CITY OF MARINA
211 HILLCREST AVENUE
MARINA, CALIFORNIA 93933
PH: (831) 8841212
FAX: (831) 3840425
Landscaping, Art & Lighting Improvement Areas
within Public Right-of-Way
from "Exhibit B" of Right of Way Access &
Maintenance Agreement
Exhibit A
to Staff
Report
07/31/2024
SCALE: NONE
LOT 20
BLDG F
DN
DN

MARITIME STREET

SAND DUNE AVENUE

OCEAN BLUFF AVENUE
ALLEY 1
LOT 13
BLDG B
LOT 21
BLDG 7
LOT 14
BLDG 8
LOT 15
BLDG 9
LOT 16
BLDG 10
LOT 24
BLDG 13
LOT 25
BLDG 14
LOT 26
BLDG 15
LOT 23
BLDG 12
LOT 22
BLDG 11

BUILDING RELATIONSHIPS ONE PROJECT AT A TIM
3875 hopyard RD., STE 345Tel 925.847.1556
Fax 925.847.1557PLEASANTON, CA 94588
LOT 29
B
LEGEND
Lot 5
Lot 14
Lot 16
Lot 33

VICINITY MAP
4 PUBLIC WORKS DEPARTMENT

JETTY STREET
LOT 2
BLDG D
LOT 8
BLDG E
LOT 13
BLDG B
LOT 11

BLDG G
LOT 3
BLDG 1
LOT 5
BLDG 3
LOT 9
BLDG 5
LOT 10
BLDG 6
LOT 4
BLDG 2
LOT 6
BLDG 4
CL
LOT 12
BLDG A
LOT 31
LOT 1LOT 19
LOT 18

RESULTANT
LOT 19
BLDG C
LEGEND
Lot 5
Lot 14
Lot 16
Lot 33

VICINITY MAP
5 PUBLIC WORKS DEPARTMENT

VICINITY MAP
6 4887-5120-1369, v. 7 1

NO FEE DOCUMENT
Gov
ernment Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City
of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: City Clerk
The Above Space For Recorder’s Use Only
RIG

HT OF WAY ACCESS AND MAINTENANCE AGREEMENT
(Rooftops at the Dunes Public Right of Way Maintenance Areas) THI
S AGREEMENT (“Agreement”) is made and entered into on this ____ day of _________________ 2024, by and between the CITY OF MARINA, a California municipal corporation (“City”) and SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership (“Owner”) (collectively referred to as “Parties”).

1. Owner
owns real property in the City of Marina, County of Monterey, State of California, more specifically described in the legal description in Exhibit “A” attached hereto and incorporated herein by this reference (“Association Property”).

2. Owner
is developing the Association Property as a portion of that certain residential condominium community commonly known as “Rooftop at the Dunes”. Owner will convey the Association Property to Rooftops at The Dunes Homeowners Association, a California nonprofit mutual benefit corporation in phases (“Association”).

3. Owner
has or will install landscaping, windscreens, art, benches, any lighting not maintained by the City’s communities facilities district, community monumentation signage and related irrigation improvements (including but not limited to irrigation water and power meters serving such improvements) (collectively, “Private Improvements”) within City owned right of way property d epicted on Exhibit “B” attached hereto and incorporated herein (“City Property”). The City and Owner desire that the Private Improvements within the City Property be maintained (and irrigated with water provided by the Responsible Party (as hereinafter defined) for the landscaping) by the Responsible Party, in the same manner as the Association Property. Notwithstanding the foregoing, the obligation for Owner to maintain the City Property shall not commence until: (i) the Owner has confirmed that the Private Improvements have been installed within the City Property, and (ii) the City and the Owner have jointly conducted an inspection walk of the City Property (collectively, the “Maintenance Commencement Date”).

4. The bur
dens and benefits of this Agreement are intended to be covenants that run with the land, binding Owner, and any subsequent party with ownership or control of the Association Property (“Responsible Party”). Owner shall be responsible for its obligations under this Agreement, until each date that Owner transfers a portion of the Association Property to the Association, at which time the Association shall assume all rights and obligations of Owner for the Private Improvements under this Agreement tied to such Association Property as set forth on Exhibit “C” (“Association Transfer Dates”). Owner shall have no further rights or obligations under this Agreement for any matters arising after any Association Transfer Date as to any Private Improvement which the Association is deemed the Responsible Party and the Association will be deemed the sole Responsible Party under this Agreement as to such improvements. In connection with the transfer of Association Property from Owner to the Association, each party hereto agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement.

5. As
of the Maintenance Commencement Date, the Responsible Party shall, at its sole cost and expense, be responsible for maintaining the Private Improvements in accordance with the Declaration of Covenants, Conditions and Restrictions and Establishment of Easements of Rooftop at the Dunes which has been or will be recorded in the records

EXHIBIT B
7 4887-5120-1369, v. 7 2
of Monterey County, California, and any additional amendments thereto (collectively, the "Declaration") and all federal, state or local laws and regulations. Given the multiple Association Transfer Dates, both Owner and the Association may both be deemed a Responsible Party under this Agreement as to different portions of the Private Improvements.

6. If the Responsible Party makes any material alterations to the Private Improvements (excluding typical maintenance and plant replacement), the Responsible Party shall gain the approval from the City prior to completing such material alterations and provide as-built plans to the City within 2 weeks of completion of such alterations.

7. The City hereby grants to Owner, for the benefit of the Responsible Party complete access and a right-of-entry onto the City Property to accomplish its obligations under this Agreement.

8. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.

9. This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of the Agreement governed by and construed in accordance with the laws of the State of California.

Any legal action arising out of this Agreement shall be filed in and adjudicated by a court of competent jurisdiction in the County of Monterey, State of California.

10. This Agreement may be executed in counterparts, each of which when taken together will constitute one fully executed original.

IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date first written above.

CITY OF MARINA,
a Municipal corporation

By:

Name: Layne Long
Its: City Manager

SHEA HOMES LIMITED PARTNERSHIP,
a California limited partnership

By:

Name:

Title:

EXHIBIT B
8 4887-5120-1369, v. 7 3
EXHIBIT “A”
Legal Description of Association Property

REAL PROPERTY IN THE CITY OF MARINA, COUNTY OF MONTEREY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

LOTS 5, 16, 33 AND 14 AS SHOWN ON THAT CERTAIN MAP ENTITLED " TRACT NO. 1563 THE DUNES PROMENADE-PHASE 1B", FILED FOR RECORD ON JUNE 1, 2023, IN VOLUME 24 OF CITIES AND TOWNS, AT PAGE 86, OFFICIAL RECORDS OF MONTEREY COUNTY.

EXHIBIT B
9 4887-5120-1369, v. 7 4
EXHIBIT “B”
Depiction of City Property

[Attached Hereto]

EXHIBIT B
10 DN
10TH STREET

JETTY STREET
LOT 2
BLDG D
LOT 8
BLDG E
LOT 13
BLDG B
LOT 11

BLDG G
LOT 3
BLDG 1
LOT 5
BLDG 3
LOT 9
BLDG 5
LOT 10
BLDG 6
LOT 4
BLDG 2
LOT 6
BLDG 4
CL
LOT 12
BLDG A
LOT 31
LOT 1LOT 19
LOT 18

RESULTANT
LOT 19
BLDG C

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3875 hopyard RD., STE 345Tel 925.847.1556
Fax 925.847.1557PLEASANTON, CA 94588
LEGEND

EXHIBIT B
11 LOT 20
BLDG F
DN
DN

MARITIME STREET

SAND DUNE AVENUE

OCEAN BLUFF AVENUE
ALLEY 1
LOT 13
BLDG B
LOT 21
BLDG 7
LOT 14
BLDG 8
LOT 15
BLDG 9
LOT 16
BLDG 10
LOT 24
BLDG 13
LOT 25
BLDG 14
LOT 26
BLDG 15
LOT 23
BLDG 12
LOT 22
BLDG 11

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3875 hopyard RD., STE 345Tel 925.847.1556
Fax 925.847.1557PLEASANTON, CA 94588

EXHIBIT B
12 ALLEY 7LOT 33
BLDG 16
LOT 34
BLDG 17
LOT 35
BLDG 18

BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3875 hopyard RD., STE 345Tel 925.847.1556
Fax 925.847.1557PLEASANTON, CA 94588

EXHIBIT B
13 4887-5120-1369, v. 7 5
EXHIBIT “C”
Association Transfer Dates

Association Property City Improvement
Lot 5 10th Street and 2nd Avenue Right of Ways
Lot 16 Maritime Street Right of Ways
Lot 33 8th Street Right of Ways
Lot 14 Ocean Bluff Avenue, Sand Dune Avenue and 9th Street Rights of Ways

EXHIBIT B
14 4887-5120-1369, v. 7 6

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(is), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

State of California )
County of )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ices), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

EXHIBIT B
15 August 22, 2024 Item No. 13a
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of September 4, 2024

CITY COUNCIL OF THE CITY OF MARINA AND THE SUCCESSOR

AGENCY BOARD OF THE MARINA REDEVELOPMENT AGENCY

CONSIDER ADOPTING RESOLUTION OF INTENTION TO ESTABLISH
THE CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO.
2024-1 (THE DUNES WEST SIDE SERVICES) AND TO AUTHORIZE THE

LEVY OF SPECIAL TAXES TO PAY THE COSTS OF PROVIDING

CERTAIN PUBLIC SERVICES AND A RESOLUTION APPROVING

EXECUTION AND DELIVERY OF A CONSENT AND WAIVER

REGARDING THE PROPOSED CITY OF MARINA COMMUNITY
FACILITIES DISTRICT NO. 2024-1 (THE DUNES WEST SIDE SERVICES RECOMMENDATION:

It is recommended that the City Council and Successor Agency Board consider:

1. Adopting City Council Resolution No. 2024-__, of Intention to establish the City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)

2. Adopting Successor Agency Resolution No. 2024- __, approving execution and delivery of a consent and waiver regarding the proposed City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) and BACKGROUND:

The City Council had previously approved a D isposition and Development Agreement (“DDA”) with Marina Community Partners (“MCP”) back in 2005 for the transfer of property from the City to MCP for The Dunes Development. A key component of the DDA was a provision requiring The Dunes Development be “Fiscally Neutral” to the City. In 2015, the City formed Community Facilities District No. 2015-1 (“Dunes CFD”) to levy a special tax to fund all or a part of the public services required to maintain infrastructure to be owned by the City at The Dunes Development within Phase 1 if the Dunes Development. The City has been levying special taxes since 2015 to pay for services and maintenance for The Dunes Development.

The City has received a petition , consent and waiver of certain CFD formation and election procedures and timeframes from MCP and its affiliate Shea Homes Limited Partnership, requesting the City to create a new Community Facilities District to be designated City of Marina Community Facilities District No. 2024 -1 (The Dunes West Side Services) (“The Dunes West Side Services CFD”) to levy a special tax to fund all or a part of the public services (the “Services”) required to maintain infrastructure at The Dunes West Side Development as well as to pay for some of the costs incurred by the owners association for the maintenance of the town square including the restroom and certain o ther improvements owned or managed by the owners association (“POA Services”) . A map of the Proposed West Side Services CFD is included as Attachment A to the Resolution of Intention.
1 ANALYSIS:

The proposed annual amount of the special taxes to be levied to fund all or a part of the Services required for maintaining the infrastructure to be owned by the City of Marina and the POA Services required for maintaining the infrastructure owned by the owners association at The Dunes West Side Development is estimated to be $2,305.63 for a Single Family Detached Property, between $1,844.51 and $2,075.07 for a Single Family Attached Pro perty, between $6,442.00 and $18,794.36 per acre for a Non -Residential Property, and either $1,500.00 or $18,974.36 per acre for undeveloped property, depending on the tax zone in which such property is located. The Dunes West Side Services CFD is expected to include 3 tax zones as shown on Exhibit 1 of the rate and method of apportionment. The special tax amounts described above will be escalated each year to adjust for inflation. Engineering staff has prepared this estimate in conjunction with the City Manager and Shea Homes Limited Partnership. The Services to be funded include maintenance of streets, sidewalks, curbs & gutters, decorative lighting, storm drains, landscaping and restrooms.

Legal Documents
At tonight’s City Council meeting there will be several legal documents prepared by Stradling Yocca Carlson & Rauth , the City’s Special Counsel related to the formation of City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) for your consideration and approval:

Petitions – The Petitions submitted by Shea Homes Limited Partnership and Marina Community Partners, LLC are signed by their authorized representatives and cover all the commercial and residential property in The Dunes West Side Services CFD owned by them. In addition, Marina Bay Hotels, LP (owner of the Hotel site at the Dunes West Side Services CFD ) and its affiliate Dunes Development LP (owner of the gas station site) , were provided petitions, but have not signed the petition, consent and waiver document relating to formation of The Dunes West Side Services CFD. If directed by the City Council, acting as governing board of the Successor Agency to the Marina Redevelopment Agency, the Successor Agency will submit a Consent and Waiver for the property they currently own at the Dunes West Side Services CFD which consists of an undeveloped parcel of 1.33 acres. There is a Resolution on tonight’s agenda approving execution and delivery of the Consent and Waiver by the Successor Agency. All these properties are proposed to be included in the CFD boundaries. A list of the Properties to be included in the CFD boundaries is provided below:

Resolution of Intention – The Resolution of Intention does the following: a) accepts the petition filed by Shea with respect to the Dunes CFD; b) declares the intention of the City to form The Dunes West Side Services CFD; (c) describes the territories within the boundaries of The Dunes West Side Services CFD; d) describes the types of services that will be funded by special taxes; e) describes the rate and method of apportionment of the special taxes to be levied in the Dunes West Side Services CFD; f) calls a public hearing to be held on October 15, 2024: and g) describes the proposed voting procedures for the Dunes West Side Services CFD.

Total Acreage
Tax Zone Entity as of Formation
1 Shea Homes Limited Partnership 12.00
2 Marina Community Partners, LLC, a Delaware limited liability company 61.71 The Marina Redevelopment Agency 1.33
Marina Community Partners, LLC, a Delaware limited liability company 36.62 Monterey Bay Hotels, LP, a C alifornia limited partnership 9.53 Dunes Development LP, a California limited partnership 1.20 122.40
3 2
Conclusion and Next Steps – Adoptions of tonight’s Resolution of Intention is the first step to establish Dunes West Side CFD. The formation of The Dunes West Side Services CFD will occur after the public hearing, scheduled for October 15, 2024. At that hearing, the City Council will be presented with information regarding The Dunes West Side Services CFD, the special taxes, and public services. The public will be able to comment on The Dunes West Side Services CFD. After the conclusion of the October 15 public hearing the City Council may take the following actions:

1. Adopt a resolution establishing the Dunes West Side Services CFD (the “ROF”)

2. Call a special election

3. Approve a Services Funding Agreement

Since not all the Property owners located in the Dunes West Side Services CFD has signed the petition and waiver and consent form the special election to form the Dunes West Side Services CFD will not be held on October 15 th. The adoption of the Resolution of Intention under consideration this evening will not commit the City Council to establish The Dunes West Side Services CFD nor authorize the levy of special taxes. The City Council may establish The Dunes West Side Services CFD only after conducting the October 15 public hearing and may levy the special taxes only if the result of the special election shows 2/3rds landowner approval. Following the October 15 public hearing, the proposed actions to complete the formation of The Dunes West Side Services CFD are as follows:

1. at least 45 days after the adoption of the ROF: Conduct Landowner Election

2. Adopt a Resolution declaring the results of the election

3. Introduce for first reading an ordinance authorizing the levy of special taxes

At the following or subsequent meeting: Second Reading of ordinance authorizing special tax levy 30 days later: Special Tax Ordinance becomes effective

The resolutions and related documents have been prepared and reviewed by the City’s consultant team, which includes special counsels (Stradling, Yocca, Carlson & Rauth LLP and Goldfarb & Lipman LLP), city attorney (Shute , Mihaly & Weinberger LLP ), municipal advisor (Fieldman, Rolapp and Associates) and special tax consultant (Goodwin Consulting).

FISCAL IMPACT:

There is an impact to the City’s General Fund if the Dunes West Side CFD is not formed due to the potential services costs estimated at $1,009,442 per year being paid out of the General Fund.

CONCLUSION:

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

_______________________
Tori Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________
Layne P. Long
City Manager
City of Marina

3 4894-0169-5952v4/202027-0001

PETITION, CONSENT AND WAIVER
Shea Homes Limited Partnership

PETITION TO THE CITY COUNCIL OF THE CITY OF MARINA

REQUESTING INSTITUTION OF PROCEEDINGS FOR

ESTABLISHMENT OF CITY OF MARINA COMMUNITY
FACILITIES DISTRICT NO. 2024-1 (THE DUNES WEST SIDE
SERVICES) – INCLUDING CONSENT AND WAIVER OF

CERTAIN ELECTION PROCEDURES WITH RESPECT TO

LANDOWNER ELECTION
The undersigned, ____________ and ____________, on behalf of Shea Homes Limited Partnership, a California limited partnership (the “Owner”), hereby certifies to the City of Marina, California (the “City”), with respect to the proposed formation of the City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services), as follows:

1. The undersigned have been duly authorized by the Owner and possess all authority necessary to execute this Petition, Consent, and Waiver (this “Petition and Waiver”) on behalf of the Owner.

2. The Owner requests that the City Council of the City of Marina (the “City Council”) institute proceedings to establish a community facilities district to be known as “City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)” (referred to herein as the “District”) pursu ant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” and Chapter 3.35 of the Marina Municipal Code, which is proposed to be added by Ordinance of the City Council on August 7, 2024.

3. Owner is the current owner of approxim ately 12 acres of property in the City, which is depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”). The Property is located within the proposed District, which consists of approximately 122.39 acres in total. The Property is located within the boundaries of the City of Marina, County of Monterey, State of California.

4. The boundaries of the territory which are proposed for inclusion in the District are those depicted in Exhibit C hereto.

5. The Owner requests that the proposed District be established to finance the services described in Exhibit D hereto (the “Services”). In addi tion, the District may fund actual or reasonably estimated costs directly related to the administration of the District, including the costs of computing the special taxes and preparing the annual special tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the special taxes (whether by the City or otherwise); the costs associated with preparing special tax disclosure statements and respondi ng to public inquiries regarding the special taxes; the costs of the City, the District or any designee thereof related to an appeal of the special tax; and the City’s annual administra tion fees and third party expenses. Such administrative expenses shall also include amounts estimated or advanced by the City or the District for any other administra tive purposes of the District, including attorney’s fees and

4 2
4894-0169-5952v4/202027-0001
other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent special taxes.

6. The Owner further requests that the City Council, as legislative body of the District, annually levy special taxes on the property within the District for the Services, and for the payment of administrative expenses of the District.

7. To the best knowledge of the undersi gned, there are no registered voters residing at the Property and there have been no ne during the 90-day period preceding the October 15, 2024 public hearing to be conducted by the City Council.

8. The Owner has received notice of t he October 15, 2024 public hearing to be held by the City Council regarding the levy of a special tax in the District. The Owner agrees that it received adequate notice of the October 15, 2024 public hearing.

9. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regard ing the proposed formation of the District and the imposition of the special tax, as set forth in the resolution of intention to establish the District proposed for adoption by the City Council on September 4, 2024 (the “Resolution”) to finance the services as set forth in the Resolution. The special tax levy is expected to generate approximately $1 ,009,442 each fiscal year, increasing annually as described in Section C of the Rate and Method of Apportionment of Special Tax attached hereto as Exhibit E (the “Rate and Method”).

10. The Owner has received all information deemed by it to be necessary and relevant regarding the formation of the District, and the imposition of the special taxes to finance the Services described in Exhibit D hereto, and the Owner has had adequate opportunity to review such materials and consult with its own advisors and legal counsel, if the Owner so chose, and has reviewed and participated in discussions regarding and provided comments and input on the documents and instruments constituting the proceedings for the establishment of the District and the levy of the special taxes, including this Petition and Waiver and the resolutions of intention and formation, which include the description of the Services to be financed, the proposed Rate and Method, and the form of the ballot (a copy of which is attached as Exhibit F hereto (the “Sample Ballot”)). The Owner understands that the City, its staff, council members, attorneys, consultants and advisors do not represent the Owner in the formation of the District and have no duty to advise the Owner.

11. The Owner understands and agrees that if the District is formed on or after October 15, 2024, an election will be held by the District on the propositions set forth in the Sample Ballot less than 90 days after the close of the October 15, 2024 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of t he Elections Code and without further notice of such election as required pursuant to the Elec tions Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327 , the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits, ballot, word limitation, or other information requir ements or any other pr ocedural requirements

5 3
4894-0169-5952v4/202027-0001
pertaining to the conduct of the election wh ich are not being complied with and consents to having the election on any date on or after the close of the October 15, 2024 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk of the City of Marina.

12. The Owner hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis, any information requirement s to be included in the ballot measures themselves, and the time limitations which appl y in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned is a sophisticated voter, has received sufficient information regarding the imposition of the special tax as set forth in the Resolution to allow it to properly complete the attached ballot, and has had adequate time to analyze the special tax with its counsel and advisors in order to make an informed vote. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election or the right of the District to levy the special tax to finance the Services for the benefit of the District pursuant to the approved Rate and Method.

13. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Petition and Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City of Marina with respect to the District. The Owner hereby appoints __________________ to act as the Owner’s authorized representative to vote in the election referred to herein and certifies that his/her true and exact signature is set forth below:
____________________________________________
[signature]

14. This Petition and Waiver may be executed in counterparts.

6 4
4894-0169-5952v4/202027-0001
Dated: ____________, 2024
OWNER:

SHEA HOMES LIMITED PARTNERSHIP,
a California limited partnership,

By:

Name:

Its: Authorized Agent

By:

Name:

Its: Authorized Agent

7 A-1
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EXHIBIT A

MAP OF THE PROPERTY

OWNED BY SHEA HOMES LIMITED PARTNERSHIP

8 B-1
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EXHIBIT B

ASSESSOR PARCEL NUMBERS

APNS OF PROPERTY OWNED BY THE OWNER WITHIN

PROPOSED CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

031-296-001-0000 031-296-002-0000 031-296-003-0000 031-296-004-0000 031-296-005-0000 031-296-007-0000 031-296-008-0000 031-296-009-0000 031-296-010-0000 031-296-011-0000 031-296-013-0000 031-296-014-0000 031-296-015-0000 031-296-016-0000 031-296-017-0000 031-296-019-0000 031-296-020-0000 031-296-021-0000 031-296-022-0000 031-296-023-0000 031-297-001-0000 031-297-002-0000 031-297-003-0000 031-297-005 031-297-006 031-297-007 031-297-008 031-297-010-0000
031-297-011-0000 031-297-012-0000 031-297-014-0000 031-297-015-0000 031-297-016-0000 031-297-017-0000 031-297-018-0000 031-298-001-0000 031-298-002-0000 031-298-003-0000 031-298-004-0000 031-298-005-0000 031-298-007-0000 031-298-008-0000 031-298-009-0000 031-298-011-0000 031-298-012-0000 031-298-013-0000 031-298-014-0000 031-298-015-0000 031-298-017-0000 031-298-018-0000 031-298-019-0000 031-298-020-0000 031-298-021-0000 031-285-001-0000 031-285-002-0000 031-285-003-0000 031-285-004-0000 031-285-006-0000 031-285-007-0000 031-285-008-0000 031-285-009-0000 031-285-010-0000 031-285-012-0000 031-285-013-0000 031-285-014-0000 031-285-015-0000 031-286-001-0000 031-286-002-0000 031-286-003-0000 031-286-004-0000 031-286-005-0000 031-286-006-0000 031-286-008-0000 031-286-009-0000 031-286-010-0000 031-286-011-0000 031-286-012-0000 031-286-013-0000 031-286-015-0000 031-286-017-0000 031-286-018-0000 031-286-019-0000 031-286-020-0000 031-284-001-000 031-284-002-000 031-284-003-000 031-284-004-000 031-284-005-000 031-284-006-000 031-284-007-000 031-284-008-000 031-284-009-000 031-284-010-000 031-284-011-000 031-284-012-000 031-284-013-000 031-284-014-000 031-284-015-000 031-284-016-000 031-284-017-000 031-284-018-000 031-284-019-000 031-284-020-000 031-284-021-000 031-284-022-000 031-284-023-000 031-284-024-000 031-284-025-000 031-284-026-000 031-284-027-000 031-284-028-000 031-284-029-000 031-284-030-000 031-284-031-000 031-284-032-000 031-284-033-000 031-284-034-000 031-284-035-000 031-284-036-000 031-284-037-000 031-284-038-000 031-284-039-000 031-284-040-000 031-284-041-000 031-284-042-000 031-284-043-000 031-284-044-000 031-284-045-000 031-284-046-000 031-284-047-000 031-284-048-000 031-284-049-000 031-284-050-000 031-284-051-000 031-284-052-000 031-284-053-000 031-284-054-000 031-284-055-000 031-284-056-000 031-284-057-000 031-284-058-000 031-284-059-000 031-284-060-000 031-284-061-000 031-284-062-000 031-284-063-000 031-284-064-000 031-284-065-000 031-284-066-000 031-284-067-000 031-284-068-000

9 C-1

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EXHIBIT C

BOUNDARY MAP

PROPOSED BOUNDARIES

OF THE CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

10 D-1

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EXHIBIT D

DESCRIPTION OF AUTHORIZED SERVICES

The City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) (the “District”) shall be authorized to fi nance all or a portion of the costs of the types of services permitted pursuant to Government Section 53313, which shall include, but not be limited to, the following:

(i) street maintenance;
(ii) sidewalk maintenance;
(iii) curb and gutter maintenance;
(iv) decorative lighting maintenance;
(v) storm drain maintenance;
(vi) publicly accessible park and landscape maintenance; and (vii) publicly accessible restroom facilities.

Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for the District.

11 E-1

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EXHIBIT E

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

[See Attached]

12 E-2

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13 E-3

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14 E-4

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15 E-5

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16 E-6

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17 E-7

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18 E-8

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19 E-9

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20 E-10

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21 E-11

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22 E-12

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23 E-13

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24 E-14

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25 E-15

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26 F-1

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EXHIBIT F

SAMPLE BALLOT

CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

SPECIAL TAX ELECTION

October 15, 2024

PROPOSITION A: Shall the City of Marina Community
Facilities District No. 2024 -1 (The Dunes West Side Services) (the “District”), in order to finance certain services and administrative expenses, be authorized to levy a special tax at the rates of (a) for Tax Zone 1, between $1,844.51 and
$2,305.63 per parcel, (b) for Tax Zone 2, $2,305.63 per single-family detached unit, $1,959.79 per single- family attached unit, and $18,974.36 per acre of non -residential property and undeveloped property, and (c) for Tax Zone 3, $2,305.63 per single -family detached unit, $2,075.07 per single-family attached unit, $6,442.00 per acre of
non-residential property, and $1,500 per acre of undeveloped property, each increased by 4% or less per year, in perpetuity, as provided in the resolution of the City Council of the City of Marina, adopted on September 4, 2024?

YES______
NO_______

PROPOSITION B: For each year commencing with Fiscal
Year 2024-25, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to
$50,000,000, increased annually in accordance with California law?

YES______
NO_______

27 Certificate Of Completion
Envelope Id: 63A81219221A4CE5ADCAAC98458DB53D Status: Completed Subject: Petition with Waiver (Marina Dunes Services CFD 2024-1) - MCP & SHLP Source Envelope:

Document Pages: 48 Signatures: 6 Envelope Originator:

Certificate Pages: 2 Initials: 0 Kathy Barlow
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
655 Brea Canyon Rd
Walnut, CA 91789-3078
[email protected]
IP Address: 73.48.255.70
Record Tracking
Status: Original
8/23/2024 4:30:53 PM
Holder: Kathy Barlow
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Don Hofer
[email protected]
Authorized Agent
Shea Homes
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 72.253.124.14
Sent: 8/26/2024 8:13:02 AM
Viewed: 8/26/2024 9:11:44 AM
Signed: 8/26/2024 9:12:13 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Doug Yount
[email protected]
Authorized Agent
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 174.234.206.227
Signed using mobile
Sent: 8/26/2024 9:12:15 AM
Viewed: 8/26/2024 9:40:53 AM
Signed: 8/26/2024 9:41:18 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Vanessa S. Legbrandt
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/26/2024 9:41:21 AM
Viewed: 8/26/2024 10:39:00 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
28 Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/26/2024 8:13:02 AM
Certified Delivered Security Checked 8/26/2024 9:40:53 AM Signing Complete Security Checked 8/26/2024 9:41:18 AM
Completed Security Checked 8/26/2024 9:41:21 AM
Payment Events Status Timestamps
29 4889-7597-1280v4/202027-0001

PETITION, CONSENT AND WAIVER
Marina Community Partners, LLC

PETITION TO THE CITY COUNCIL OF THE CITY OF MARINA

REQUESTING INSTITUTION OF PROCEEDINGS FOR

ESTABLISHMENT OF CITY OF MARINA COMMUNITY
FACILITIES DISTRICT NO. 2024-1 (THE DUNES WEST SIDE
SERVICES) – INCLUDING CONSENT AND WAIVER OF

CERTAIN ELECTION PROCEDURES WITH RESPECT TO

LANDOWNER ELECTION
The undersigned, __________ and __________, on behalf of Marina Community Partners, LLC, a Delaware limited liability company (the “Owner”), hereby certifies to the City of Marina, California (the “City”), with respect to the proposed formation of the City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services), as follows:

1. The undersigned have been duly authorized by the Owner and possess all authority necessary to execute this Petition, Consent, and Waiver (this “Petition and Waiver”) on behalf of the Owner.

2. The Owner requests that the City Council of the City of Marina (the “City Council”) institute proceedings to establish a community facilities district to be known as “City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)” (referred to herein as the “District”) pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982” and Chapter 3.35 of the Marina Municipal Code, which is proposed to be added by Ordinance of the City Council on August 7, 2024.

3. Owner is the current owner of approxim ately 98.33 acres of property in the City, which is depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”). The Property constitutes more than 10% of the land within the proposed District, which consists of approximately 122.39 acres in total. The Property is located within the boundaries of the City of Marina, County of Monterey, State of California.

4. The boundaries of the territory which are proposed for inclusion in the District are those depicted in Exhibit C hereto.

5. The Owner requests that the proposed District be established to finance the services described in Exhibit D hereto (the “Services”). In addition, the District may fund actual or reasonably estimated costs directly related to the administration of the District, including the costs of computing the special taxes and preparing the annual special tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the special taxes (whether by the City or otherwise); the costs associated with preparing special tax disclosure statements and responding to public inquiries regarding the special taxes; the costs of the City, the District or any designee thereof related to an appeal of the special tax; and the City’s annual administr ation fees and third party expenses. Such administrative expenses shall also include amounts estimated or advanced by the City or the District for any other administrative purposes of the District, including attorney’s fees and other costs related

30 2
4889-7597-1280v4/202027-0001
to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent special taxes.

9. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regard ing the proposed formation of the District and the imposition of the special tax, as set forth in the resolution of intention to establish the District proposed for adoption by the City Council on September 4, 2024 (the “Resolution”) to finance the services as set forth in the Resolution. The special tax levy is expected to generate approximately $1,009,422 each fiscal year, increasing annually as described in Section C of the Rate and Method of Apportionment of Special Tax attached hereto as Exhibit E (the “Rate and Method”).

10. The Owner has received all information deemed by it to be necessary and relevant regarding the formation of the District, and the imposition of the special taxes to finance the Services described in Exhibit D hereto, and the Owner has had adequate opportunity to review such materials and consult with its own advisors and legal counsel, if the Owner so chose, and has reviewed and participated in discussions regarding and provided comments and input on the documents and instruments constituting the proceedings for the establishment of the Distric t and the levy of the special taxes, including this Petition and Waiver and the resolutions of intention and formation, which include the description of the Services to be financed, the proposed Rate and Method, and the form of the ballot (a copy of which is attached as Exhibit F hereto (the “Sample Ballot”)). The Owner understands that the City, its staff, council members, attorneys, consultants and advisors do not represent the Owner in the formation of the District and have no duty to advise the Owner.

11. The Owner understands and agrees that if the District is formed on or after October 15, 2024, an election will be held by the District on the propositions set forth in the Sample Ballot less than 90 days after the close of the October 15, 2024 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and without preparation of a tax rate statement as provided in Section 9401 of t he Elections Code and without further notice of such election as required pursuant to the Elec tions Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327 , the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits, ballot, word limitation, or other information requir ements or any other pr ocedural requirements

31 3
4889-7597-1280v4/202027-0001
pertaining to the conduct of the election wh ich are not being complied with and consents to having the election on any date on or after the close of the October 15, 2024 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk of the City of Marina.

12. The Owner hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis, any information requirement s to be included in the ballot measures themselves, and the time limitations which ap ply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned is a sophisticated voter, has received sufficient information regarding the imposition of the special tax as set forth in the Resolution to allow it to properly complete the attached ballot, and has had adequate time to analyze the special tax with its counsel and advisors in order to make an informed vote. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election or the right of the District to levy the special tax to finance the Services for the benefit of the District pursuant to the approved Rate and Method.

13. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Petition and Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City of Marina with respect to the District. The Owner hereby appoints _________________________ to act as the Owner’s authorized representative to vote in the electi on referred to herein and certifies that his/her true and exact signature is set forth below:
____________________________________________
[signature]

14. This Petition and Waiver may be executed in counterparts.

32 4
4889-7597-1280v4/202027-0001
Dated: ____________, 2024
OWNER:

MARINA COMMUNITY PARTNERS, LLC,
a Delaware limited liability company

By: Shea Homes Limited Partnership,
a California limited partnership
Its: Sole Member

By:

Name:

Title: Authorized Agent

By:

Name:

Title: Authorized Agent

33 A-1
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EXHIBIT A

MAP OF THE PROPERTY

OWNED BY MARINA COMMUNITY PARTNERS, LLC

34 B-1
4889-7597-1280v4/202027-0001

EXHIBIT B

ASSESSOR PARCEL NUMBERS

APNS OF PROPERTY OWNED BY THE OWNER WITHIN

PROPOSED CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

031-282-044-000
031-282-048-000
031-282-062-000
031-251-074-000
031-221-021-000
031-251-075-000
031-221-022-000

35 C-1

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EXHIBIT C

BOUNDARY MAP

PROPOSED BOUNDARIES

OF THE CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

36 D-1

4889-7597-1280v4/202027-0001

EXHIBIT D

DESCRIPTION OF AUTHORIZED SERVICES

The City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) (the “District”) shall be authorized to finance all or a portion of the costs of the types of services permitted pursuant to Government Section 53313, which shall include, but not be limited to, the following:

Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for the District.

37 E-1

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EXHIBIT E

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

[See Attached]

38 E-2

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39 E-3

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40 E-4

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41 E-5

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42 E-6

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43 E-7

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44 E-8

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45 E-9

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46 E-10

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47 E-11

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48 E-12

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49 E-13

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50 E-14

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51 E-15

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52 F-1

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EXHIBIT F

SAMPLE BALLOT

CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

SPECIAL TAX ELECTION

October 15, 2024

PROPOSITION A: Shall the City of Marina Community
Facilities District No. 2024 -1 (The Dunes West Side Services) (the “District”), in order to finance certain services and administrative expenses, be authorized to levy a special tax at the rates of (a) for Tax Zone 1, between $1,844.51 and
$2,305.63 per parcel, (b) for Tax Zone 2, $2,305.63 per single- family detached unit, $1,959.79 per single-family attached unit, and $18,974.36 per acre of non -residential property and undeveloped property, and (c) for Tax Zone 3, $2,305.63 per single-family detached unit, $2,075.07 per single- family attached unit, $6,442.00 per acre of non -residential property, and $1,500 per acre of undevelop ed property, each increased by 4% or less per year, in perpetuity, as provided in the resolution of the City Council of the City of Marina, adopted on September 4, 2024?

YES______
NO_______

53 Certificate Of Completion
Envelope Id: 63A81219221A4CE5ADCAAC98458DB53D Status: Completed Subject: Petition with Waiver (Marina Dunes Services CFD 2024-1) - MCP & SHLP Source Envelope:

Document Pages: 48 Signatures: 6 Envelope Originator:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
54 Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/26/2024 8:13:02 AM
Certified Delivered Security Checked 8/26/2024 9:40:53 AM Signing Complete Security Checked 8/26/2024 9:41:18 AM
Completed Security Checked 8/26/2024 9:41:21 AM
Payment Events Status Timestamps
55 RESOLUTION NO. 2024-__

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY

OF MARINA TO ESTABLISH CITY OF MARINA COMMUNITY
FACILITIES DISTRICT NO. 2024-1 (THE DUNES WEST SIDE

SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES TO

PAY THE COSTS OF PROVIDING CERTAIN PUBLIC SERVICES
WHEREAS, the City of Marina (the “City”) received a petition signed by the owner s of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the California Government Code (the “Government Code”); and WHEREAS, as provided in Section 53321 of the Government Code, the City Council of the City (the “City Council”) desires to adopt this resolution of intention to establish a community facilities district consisting of the territory described in Attachment “A” hereto and incorporated herein by this reference pursuant to Sections 53329.6 and 53339 et seq. of the Government Code, which the City Council hereby determines shall be known as “ City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)” (“Community Facilities District No. 2024-1” or the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to finance (1) the services authorized by Sections 53313 of the Act, which shall include but not be limited to those described in Attachment “B” (collectively, the “Services”), and (2) the incidental expenses to be incurred in connection with financing the Services and forming and administering the District (the “Incidental Expenses”); and
WHEREAS, the City Council further intends to approve an estimate of the costs of the Services and the Incidental Expenses for proposed Community Facilities District No. 2024-1; and WHEREAS, it is the intention of the City Council to consider financing the Services and the Incidental Expenses through the formation of Community Facilities District No. 2024-1 and the levy of a special tax within the District to pay for the Services and the Incidental Expenses, provided that the special tax levies are approved at an election to be held within the boundaries of the proposed District; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:

SECTION 1. The above recitals are true and correct.

SECTION 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the legal boundaries of Community Facilities District No. 2024-1 shall be those described in Attachment “A” hereto, which boundaries shall, upon recordation of the boundary map for proposed Community Facilities District No. 2024-1, include the entirety of any parcel subject to taxation by the District.

The proposed boundaries of the District are depicted on the map of proposed Community Facilities District No. 2024-1 which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the proposed boundaries and record it with all proper endorsements thereon with the County Recorder of Monterey County within 15 days after the adoption of this resolution, all as required by Section 3111 of the California Streets and Highways Code. 56 Resolution No. 2024-
Page Two

SECTION 3. The name of the proposed community facilities district shall be “ City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services).” SECTION 4. The Services proposed to be provided within Community Facilities District No. 2024-1 and to be financed are services described in the Act and the City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District at the present time and do not supplant services already available within the territory of the District at the present time. The City Council hereby finds and determines that the description of the Services herein is suff iciently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Incidental Expenses expected to be incurred include the costs of planning the Services, the costs of forming the District and the costs of levying and collecting a special tax within the District and any other Administrative Expenses (as defined in Attachment “C” hereto).

SECTION 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax within the District, secured by recordation of a continuing lien against all nonexempt real property within the District sufficient to pay for the Services and the Incid ental Expenses. The rate and method of apportionment and manner of collection of the special tax for the District are described in detail in Attachment “C” attached hereto, which Attachment “C” is incorporated herein by this reference. Attachment “C” allows each landowner within the proposed District to estimate the maximum amount that may be levied against each parcel. In the first year in which such special tax is levied in the District, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.

The special taxes for Services may be increased annually by the lesser of (i) the percentage increase, if any, in the Construction Cost Index for the San Francisco region, as published in the Engineering News Record, or (ii) four percent (4.0%) to the extent permitted in the rate and method of apportionment of special tax as described in Attachment “C” hereto. The special tax for Services may be levied for such period as the Services are needed, as further described in Attachment “C” hereto.

The special tax within the District is based on the expected demand that each parcel of real property within the District will place on the Services and on the benefit that each parcel derives from the right to access the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and other local government agencies in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax for the proposed District as set forth in Attachment “C” to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within the District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified on Attachment “C,” the City Council shall, on behalf of Community Facilities District No. 2024-1, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Attachment “C” to the extent necessary upon the remaining property within the proposed District which is not exempt in order to yield the special tax revenues required for the purposes described in this Section 5. 57 Resolution No. 2024-
Page Three

SECTION 6. A public hearing (the “Hearing”) on the proposed establishment of Community Facilities District No. 2024-1, and the rate and method of apportionment of the special tax proposed for the District to finance the Services and the Incidental Expenses shall be held at 5:00 p.m., or as soon thereafter as practicable, on October 15, 2024, at the City Council Chambers of the City of Marina located at 211 Hillcrest Avenue, Marina, California. Should the City Council determine to form the District, a special election will be held within the District to authorize the levy of a special tax within the District in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the District. Ballots for the special elections may be distributed by mail or by personal service.

SECTION 7. At the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2024-1 shall be established, as to the rate and method of apportionment of the special tax within the District.

SECTION 8. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2024-1 may appear and be heard.

SECTION 9. Each officer who is or will be responsible for providing the Services within proposed Community Facilities District No. 2024-1, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of the public services by type which will in his or her opinion be required to meet adequately the needs of proposed Community Facilities District No. 2024-1 and an estimate o f the cost of providing those public services, including an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred.

SECTION 10. The District may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in establishing Community Facilities District No. 2024-1 and providing any of the Services. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work- in-kind, as determined by the City Council, with or without interest.

SECTION 11. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2024-1. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the proposed boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the elections required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.
58 Resolution No. 2024-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 4th day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, City Clerk

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ATTACHMENT A

PROPOSED BOUNDARIES

OF THE CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)
The property proposed to be included in the City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) consists of the property included in the initial boundaries of the Community Facilities District No. 2024-1 depicted below:
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APNs of Proposed Community Facilities District No. 2024-1:

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ATTACHMENT B
Types of Services To Be
Financed By
City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)
The City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services) (the “District”) shall be authorized to finance all or a portion of the costs of the types of services permitted pursuant to Government Section 53313, which shall include, but not be limited to, the following:

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment of Special Tax and to establish an operating reserve for the costs of services as determined by the CFD Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for Community Facilities District No. 2024-1.

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ATTACHMENT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
CITY OF MARINA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (THE DUNES WEST SIDE SERVICES)

[See Attached]
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77 SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY

RESOLUTION NO. 2024-__ (SA-MRA)

RESOLUTION APPROVING EXECUTION AND DELIVERY OF A

CONSENT AND WAIVER REGARDING THE PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2024-1 OF THE CITY OF MARINA (THE

DUNES WEST SIDE SERVICES)

THE CITY COUNCIL OF THE CITY OF MARINA, ACTING AS THE GOVERNING

BOARD OF THE SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Shea Homes-Marina Community Partners (the “Developer”) has requested that the City of Marina (the “City”) undertake proceedings under section 53311 et seq. of the California Government Code (the “Act”) to create a community facilities district to be designated “Community Facilities District No. 2024-1 of the City of Marina (The Dunes West Side Services)” (the “CFD”).

Section 2. The proposed boundaries of the CFD includes approximately 1.33 acres of property owned by the Successor Agency to the Marina Redevelopment Agency (the “Successor Agency”) designated as APN 031-251-005-000.

Section 3. In order to streamline and simplify the process for formi ng the CFD, the Successor Agency desires to consent to and waive certain provisions of the Act as specifically set forth in the Consent and Waiver, which is attached as Exhibit A hereto and incorporated herein (the “Consent and Waiver”). In furtherance thereof the Successor Agency hereby directs and authorizes the Authorized Officers (defined below), or any of them, to execute and deliver the Consent and Waiver to the City on or prior to the date set for the public hearing relating to the formation of the CFD required by the Act.

Section 4. The Mayor, the City Manager, the Finance Director, City Clerk and all other officers of the City (the “Authorized Officers”) , acting on behalf of the Successor Agency, are each hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of the Consent and Waiver and to make any necessary or approprate modifications thereto which they, or any of the m, may deem necessary or desirable and not inconsistent with the purposes of this Resolution, including modifications to the Rate and Method of Apportionment of Special Tax, CFD boundary map, and the sample ballot attached thereto.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 4th day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, City Clerk
78 EXHIBIT A

CONSENT AND WAIVER

[to be attached]
79 4855-1327-5089v3/202027-0001

CONSENT AND WAIVER
Successor Agency to the Marina Redevelopment Agency

CONSENT AND WAIVER REGARDING CERTAIN

ELECTION PROCEDURES FOR ESTABLISHMENT OF

CITY OF MARINA COMMUNITY FACILITIES DISTRICT
NO. 2024-1 (THE DUNES WEST SIDE SERVICES)
The undersigned , Layne Long, on behalf of the Successor Agency to the Marina Redevelopment Agency (the “Owner”) , hereby certifies to the City of Marina, California (the “City”), with respect to the proposed formation of the City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services), as follows:

1. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Consent and Waiver (this “Consent and Waiver”) on behalf of the Owner.

2. The City Council of the City of Marina (the “City Council”) has been requested to institute proceedings to establish a community facilities district to be known as “City of Marina Community Facilities District No. 2024-1 (The Dunes West Side Services)” (referred to herein as the “District”) pursuant to Chapter 2.5 (commencing with Section 53311), Part 1, Division 2, Title 5, of the California Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982” and Chapter 3.35 of the Marina Municipal Code, which is proposed to be added by Ordinance of the City Council on August 7, 2024.

3. Owner is the current owner of approximately 1.33 acres of property in the City, which is depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”). The Property is located within the proposed District, which consists of approximately 122.39 acres in total. The Property is located within the boundaries of the City of Marina, County of Monterey, State of California.

4. The boundaries of the territory which are proposed for inclusion in the District are those depicted in Exhibit C hereto.

5. The Owner requests that the proposed District be established to finance the services described in Exhibit D hereto (the “Services”). In addition, the District may fund actual or reasonably estimated costs directly related to the administration of the District, including the costs of computing the special taxes and preparing the annual special tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the special taxes (whether by the City or otherwise); the costs associated with preparing special tax disclosure statements and responding to public inquiries regarding the special taxes; the costs of the City, the District or any designee thereof related to an appeal of the special tax; and the City’s annual administr ation fees and third party expenses. Such administrative expenses shall also include amounts estimated or advanced by the City or the District for any other administrative purposes of the District, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent special taxes.

7. To the best knowledge of the undersigned, there are no registered voters residing at the Property and there have been none during the 90 -day period preceding the October 15, 2024 public hearing to be conducted by the City Council.

8. The Owner has received notice of the October 15, 2024 public hearing to be held by the City Council regarding the levy of a special tax in the District. The Owner agrees that it received adequate notice of the October 15, 2024 public hearing.

9. The Owner has received from the City and the City has made available to the Owner necessary and relevant information regarding the proposed formation of the District and the imposition of the special tax, as set forth in the resolution of intention to establish the District proposed for adoption by the City Council on September 4, 2024 (the “Resolution”) to finance the services as set forth in the Resolution. The special tax levy is expected to generate approximately $1,009,442 each fiscal year, increasing annually as described in Section C of the Rate and Method of Apportionment of Special Tax attached hereto as Exhibit E (the “Rate and Method”).

10. The Owner has received all information deemed by it to be necessary and relevant regarding the formation of the District, and the imposition of the special taxes to finance the Services described in Exhibit D hereto, and the Owner has had adequate opportunity to review such materials and consult with its own advisors and legal counsel, if the Owner so chose, and has reviewed and participated in discussions regarding and provided comments and input on the documents and instruments constituting the procee dings for the establishment of the District and the levy of the special taxes, including this Consent and Waiver and the resolutions of intention and formation, which include the description of the Services to be financed, the proposed Rate and Method, and the form of the ballot (a copy of which is attached as Exhibit F hereto (the “Sample Ballot”)). The Owner understands that the City, its staff, council members, attorneys, consultants and advisors do not represent the Owner in the formation of the District and have no duty to advise the Owner.

11. The Owner understands and agrees that if the District is formed on or after October 15, 2024, an election will be held by the District on the propositions set forth in the Sample Ballot less than 90 days after the close of the October 15, 2024 public hearing as in accordance with Section 53326 of the Government Code, without the preparation of an impartial analysis, arguments or rebuttals concerning the election as provided for by Elections Code Sections 9160 to 9167, inclusive, and 9190 and wi thout preparation of a tax rate statement as provided in Section 9401 of the Elections Code and without further notice of such election as required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the election, in accordance with the authority contained in Government Code Sections 53326 and 53327, the Owner waives compliance with the foregoing provisions of the Elections Code and Government Code, with any time limits, ballot, word limitation, or other information requirements or any other procedural requirements pertaining to the conduct of the election which are not being complied with and consents to having the election on any date on or after the close of the October 15, 2024 public hearing and consents to the closing of the election as soon as all ballots are received by the City Clerk of the City of Marina.

12. The Owner hereby represents that compliance with the procedural requirements for conducting the election, including the receipt of any ballot arguments and impartial analysis, any information requirements to be included in the ballot measures themselves, and the time limitations which apply in connection with scheduling, mailing and publishing notices for such an election, are unnecessary in light of the fact that the undersigned is a sophisticated voter, has received 81 3
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sufficient information regarding the imposition of the special tax as set forth in the Resolution to allow it to properly complete the attached ballot, and has had adequate time to analyze the special tax with its counsel and advisors in order to make an informed vote. The Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of the election or the right of the District to levy the special tax to finance the Services for the benefit of the District pursuant to the approved Rate and Method.

13. The undersigned has been duly authorized by the Owner and possesses all authority necessary to execute this Consent and Waiver on behalf of the Owner in connection with the election to be called by the City Council of the City of Marina with respect to the District. The Owner hereby appoints Layne Long to act as the Owner’s authorized representative to vote in the election referred to herein and certifies that his/her true and exact signature is set forth below:

____________________________________________
[signature]

14. This Consent and Waiver may be executed in counterparts.

Dated: ____________, 2024
OWNER:

SUCCESSOR AGENCY TO THE

MARINA REDEVELOPMENT AGENCY

By:

Layne Long, City Manager of the City of
Marina

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EXHIBIT A

MAP OF THE PROPERTY

OWNED BY MARINA REDEVELOPMENT AGENCY

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EXHIBIT B

ASSESSOR PARCEL NUMBERS

APN OF PROPERTY OWNED BY THE OWNER WITHIN

PROPOSED CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

031-251-005-000

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EXHIBIT C

BOUNDARY MAP

PROPOSED BOUNDARIES

OF THE CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

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EXHIBIT D

DESCRIPTION OF AUTHORIZED SERVICES

The City of Marina Community Facilities District No. 2024 -1 (The Dunes West Side Services) (the “District”) shall be authorized to finance all or a portion of the costs of the types of services permitted pursuant to Government Section 53313, which shall include, but not be limited to, the following:

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment of Special Tax and to establish an operating reserve for the costs of services as determined by the District Administrator. Capitalized terms used and not defined herein shall have the meanings set forth in the Rate and Method of Apportionment of Special Tax for the District.

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EXHIBIT E

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

[See Attached]
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93 E-8

94 E-9

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100

E-15

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EXHIBIT F

SAMPLE BALLOT

CITY OF MARINA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(THE DUNES WEST SIDE SERVICES)

SPECIAL TAX ELECTION

October 15, 2024

PROPOSITION A: Shall the City of Marina Community Facilities District No. 2024 -1 (The Dunes West Side Services) (the “District”), in order to finance certain services and administrative expenses, be authorized to levy a special tax at the rates of (a) for Tax Zone 1, between $1,844.51 and $2,305.63 per parcel, (b) for Tax Zone 2, $2,305.63 per single -family detached unit, $1,959.79 per single-family attached unit, and $ 18,974.36 per acre of non - residential property and undeveloped property , and ( c) for Tax Zone 3, $2,305.63 per single -family detached unit, $2,075.07 per single-family attached unit, $6,442.00 per acre of non -residential property, and $1,500 per acre of undeveloped property , each increased by 4% or less per year, in perpetuity, as provided in the resolution of the City Council of the City of Marina, adopted on September 4, 2024?

YES______
NO_______

PROPOSITION B: For each year commencing with Fiscal
Year 2024-25, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $ 50,000,000, increased annually in accordance with California law?

YES______
NO_______

102
August 19, 2024 Item No. 13b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 4, 2024

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 202 4-, RECEIVING An UPDATE PRESENTATION AND, PROVIDING INPUT

AND APPROVAL OF FINAL CONCEPT DESIGN AND APPROVAL OF

PHASING THE PROJECT DELIVERY FOR DEL MONTE BOULEVARD

LANDSCAPING, MULTI-MODAL IMPROVEMENTS, AND DOWNTOWN

MARINA STREETSCAPE AND AUTHORIZE CALL FOR BIDS FOR THE
DEL MONTE BOULEVARD MEDIAN LANDSCAPING, PHASE 1

PROJECT

REQUEST:

It is requested that the City Council consider approving and adopting Resolution No. 20 24-, for the following actions:

1. Receiving an update presentation, EXHIBIT A , for the Del Monte Boulevard Landscaping, Multi-Modal Improvements, and Downtown Marina Streetscape, and;

2. Providing input and approval of final concept design, and;

3. Approving phasing the delivery of the Del Monte Boulevard Landscaping, Multi -Modal Improvements, and Downtown Marina Streetscape, and;

4. Authorizing Call for Bids for the Del Monte Boulevard Median Landscaping Phase 1 Project.

BACKGROUND:

Since Marina’s incorporation in 1975, the City has facilitated many surveys, public workshops, and studies to vitalize Marina’s existing commercial areas in its Central Business District. The closure of Fort Ord military base in 1995 and the loss of jobs and population associated with that further emphasized the need to vitalize the City’s downtown.

This was reiterated again with the adoption of the General Plan in 2000 and with other City Council actions in 2001 recognizing that the creation of an attractive pedestrian-friendly and visitor-serving commercial district was key to establishing Marina’s identity and image.

In 2002 an Ad Hoc Marina Downtown Committee was formed that encouraged goals to revitalize Marina’s retail commercial areas. In its report to the City Council the Committee stated:

“Revitalization of Marina’s commercial area along Del Monte Boulevard and Reservation Road was identified by the Marina City Council in 2001 as one of a number of strategic issues which the City needed to address. In its Strategic Issues Report, the Council recognized that the creation of an attractive, pedestrian friendly and visitor -serving commercial district was key to Marina’s evolving identity and image.

In 2005, the City Council adopted the Marina Downtown Vision and Downtown Design Guidelines for developing a vital downtown core. This Vision Plan illustrated design concepts for Downtown Marina. While the Plan focused on the Reservation Road corridor, it identified concepts for public streetscape right-of-way that would provide benefits of reduced automobile speeds, safe pedestrian crossings, wider sidewalks, and accommodation of multiple modes of transportation (cars, buses, bicycles, and pedestrians). Suggested concepts included:
1 • Reduce through-traffic travel lanes from four lanes to two lanes • Provide roundabouts at key intersections
• Provide on-street parallel parking
• Provide bicycle lanes
• Provide wider sidewalks to encourage pedestrian travel • Provide pedestrian street crossings to improve pedestrian visibility for drivers, and to reduce pedestrian crossing distance and time
• Provide landscaped medians
• Consider public art as part of the streetscape

It was then decided that to fulfill this vision a Specific Plan should be developed. The Downtown Vitalization Specific Plan was initiated in 2006. The stated goal of the Plan was to “transform Central Marina and its two major corridors, Reservation Road a nd Del Monte Boulevard, into a unique, vibrant, and pedestrian -friendly Downtown with diverse shopping venues and increased housing opportunities.”

A draft of the Downtown Vitalization Specific Plan was presented publicly in March 2011. The overall goals of the Specific Plan included:
• Create a destination center for the Marina community that accommodates a mix of commercial, retail, dining, entertainment, and residential uses served by a multi -faceted transportation system
• Establish Downtown as a place of cultural, social, economic, and civic vitality. • Maximize the City’s ability to capture economic opportunities that may otherwise be lost to competing jurisdictions.

The Final Plan was never formally approved, and due to lack of funding the project stalled again until 2017 when the City Council appointed another Ad Hoc Committee to address new issues in the Downtown and complete the long -anticipated Specific Plan. This process has been actively going on since 2018 . Draft Plans and Environmental Impact Reports have now been completed and the Final Downtown Vitalization Specific Plan is going before the Planning Commission this month, and to the City Council in October 2024 for final approval. The Vision of the Specific Plan is to establish Downtown Marina as:

“A place with a unique, small coastal town character where people can work, live, and shop in an environment that creates a feeling of cohesiveness, compactness, and individual community identity; a place with a vibrant economy that accommodates a variety of businesses, residences, and civic uses; and, a place that is architecturally pleasing and sustainable, achieved through attractive storefronts, eco -friendly design, and plentiful landscaping and pedestrian amenities to encourage people to walk along tree-lined streets and socialize in civic and public spaces.”

One of the Specific Plan key goals is, “Invest in strategic infrastructure projects through the City’s Capital Improvement Program to upgrade pavement and enhance traffic circulation.”

Since the City’s incorporation in 1975, it has been a desire and goal to improve and vitalize the City’s Downtown Business District. Lack of funding has been a primary deterrent to achieving this goal. The Del Monte Boulevard Medians & Downtown Marina Streetscape final concept plan before the City Council tonight is a beginning step to achieving this goal from almost 50 years ago.

2 The Downtown Vitalization Specific Plan has an implementation section that identifies various strategies to move the plan forward which will require investment from both the public and private sector. This Del Monte Boulevard Medians & Downtown Marina Streetscape Plan represents a major public investment that will transform the medians into a welcoming and identifying placemaker for the Downtown Business District, and will begin the streetscape transformation of reducing automobile speeds and pedestrian and bike improvements envisioned in 2005 by reducing the travel lines from four to two and building key roundabouts that will better serve the City’s needs and transition away from what originally functioned as a state highway.

To that end, the City Council included $ 4M funding within the current Capital Improvement Program (Project No. EDC2126) for landscape and right -of-way streetscape improvements to serve as a change catalyst to initiate beneficial changes in the downtown.

The City also applied for and was successful in being selected for a Regional Surface Transportation Improvement Program funding in the amount of $ 1,717,500 to implement pedestrian and bicycle safety improvements at the intersection of Del Monte Boulevard and Reservation Road.

ANALYSIS:

The City has engaged the services of Wallace Group and BEK Collective to develop median landscape plans and streetscape features for consideration . The traffic engineering firm, Kimley - Horn has modeled traffic in response to a road diet (reduction from four automobile lanes to two automobile lanes with additional bicycle and pedestrian facilities), as well as intersection roundabouts at Del Monte Boul evard/ Reindollar Avenue and Del Monte Boulevard/Palm Street intersections. The road diet addresses traffic speeds with traffic calming and multi -modal improvements for more balanced and safer vehicular, bicycle, and pedestrian use.

An online survey and several well attended communities outreach events were completed to collect input and feedback. The concept plans for the Del Monte Boulevard Median landscaping, downtown streetscape, and lane reallocation, and intersection roundabouts were presented to the Public Works Commission on November 16, 2023. Input from community outreach events and the Public Works Commission was addressed and are included in the presentation.

At the December 5th, 2023, City Council meeting, BEK Collective and Kimley Horn presented landscaping concept and traffic simulation for the multi -modal improvements for the Del Monte Boulevard. The traffic simulation showed that the road diet meets the city’s standards for level of service for the intersections. Additionally, it showed that the northbound and southbound travel times along Del Monte from Highway 1 to Reservation Road did not increase from today’s traffic volume and the traffic volume projected at 2040 with the road diet and two roundabouts. The road diet does not work as far as maintaining or improving travel times without the two roundabouts.

The City Council continued the discussion of this project on February 6th, 2024, City Council meeting and provided feedback to staff regarding cultural art area, plants and shrubs, median lighting, flags, bicycle safety and maintenance of proposed improvements.

Since the last presentation, staff/consultants completed the following:
• Arborist Report, EXHIBIT B
• Tree Committee Approval, EXHIBIT B
• ATP Grant Application for $14.2 million submitted for the proposed roundabouts, road diet and streetscape. The horizontal layouts of roundabouts and road diet were refined to 3 address Right of Way limits and enhance traffic calming features, (Roundabout footprints and median alignments are slightly different from previous presentation). • Topographic Survey of existing conditions

The Del Monte Boulevard Landscaping, Multi -Modal Improvements, and Downtown Marina Streetscape project is recommended to be phased for delivery due to funding source and construction efficiency. The Del Monte Boulevard Landscaping, Phase 1 Project will include the installation of landscaping improvements of medians between Reservation Road and Carmel Avenue. Phase 2 of the Del Monte Boulevard Landscaping will be incorporated during the construction of the proposed roundabouts and road diet and streetscape.

The arborist identified twenty-two total existing trees in the proposed project site, Del Monte Blvd. median between Reservation Road and Highway 1 on ramp. The Tree Committee approved removal of eleven trees, one (1) Monterey cypress, four (4) paperbarks, four (4) myoporums and two (2) olive trees. All trees to be removed are in poor health condition and are located within the raised median of Del Monte Blvd. Impact of the proposed construction will exa cerbate their conditions and become a safety hazard. In the event of failure any of the trees could cause a safety issue for passing cars and their occupants.

Tree replacements shall be planted at a 2:1 ratio for a total of twenty-two new trees . Staff recommends tree replacement with Monterey cypress with accent colorful low -profile trees/large shrubs such as Arbutus ‘Marina’ and Toyon. Monterey cypress is recommended as it thrives in windy areas and blends well with the existing Monterey cypress to remain.

The planting palette is a balance of California native species and high performing, low water demand, low maintenance, non - invasive, and Marina weather /soils tolerant ornamentals. This palette includes a mix of groundcovers, ornamental grasses, small to medium shrubs and accent color for texture and movement inspired by the wind and waves of the region.

The median will include hard scape of stamped concrete and cobble stones to match existing , decorative concrete and cobble stone paving to remain. The landscaping includes low , precast concrete modular walls scalloping along the median. Decorative and interactive lights will be incorporated on the walls and can be programmed to change colors for City events. Flag holders will be re-established along the medians.

The Del Monte Boulevard Median Landscape project, Phase 1 is estimated to be in construction in Spring 2025.

The Reservation Road and Del Monte Boulevard Intersections Safety Improvements Project, a grant funded project is currently being designed and will be presented at a future City Council meeting. Construction of these two projects will be coordinated to minimize public inconvenience and maximize construction efficiencies.

FISCAL IMPACT:

The Del Monte Boulevard Median Landscape Demonstration project (QLR 1901) and Downtown Vitalization Implementation project (EDC2126) are included in the Capital Improvement Program with a budget of $25 ,000 and $ 4,000,000, respectively funded from the General Fund . At this point, the funding may be sufficient to cover all the median landscaping improvements. The Phase 1 landscaping is estimated to cost $2.1 million . The Phase 2 landscaping portion is estimated to cost $1.9 million.

4 The Del Monte Boulevard improvement portion of this project from Reservation Road to Hwy 1 consisting of the road diet reduction from four to two lanes, roundabouts, bike and pedestrian facilities, and streetscape improvements is estimated to cost $16.2 mi llion dollars. The City has applied for a $14.2 million dollar transportation grant for the design and construction of the Del Monte Boulevard improvements . This grant will require a $2.0 million dollar match (not yet funded) from the city if approved.

The project competes for a share of $568M in funding available through the Active Transportation Program Grants (ATP). Award and certification are anticipated to be announced in December of 2024 or January 2025. Design and construction of this phase of work is contingent on successful grant selection of the project

California Environmental Quality Act (CEQA)
The presentation a nd providing design input for Del Monte Boulevard landscaping and multi modal improvements and downtown Marina streetscape is not a project as defined by the California Environmental Quality Act (CEQA) per Article 20 Section 15378 and under General Rule Article 5 Section 15061.

CONCLUSION:

This request is submitted to the City Council for consideration and input.

Respectfully submitted,

Elvira Morla-Camacho, P.E., QSD
Project Management Services
Wallace Group

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

5 RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

RECEIVING AN UPDATE PRESENTATION AND, PROVIDING INPUT AND

APPROVAL OF FINAL CONCEPT DESIGN AND APPROVAL OF PHASING

THE PROJECT DELIVERY FOR DEL MONTE BOULEVARD LANDSCAPING,

MULTI-MODAL IMPROVEMENTS, AND DOWNTOWN MARINA

STREETSCAPE AND AUTHORIZE CALL FOR BIDS FOR THE DE L MONTE BOULEVARD MEDIAN LANDSCAPING, PHASE 1 PROJECT

WHEREAS, the City of Marina is in the process of developing a Downtown Vitalization Specific Plan. One aspect of this plan is changing the right -of-way to better serve the City’s needs and transition away from what originally functioned as a state highway; and

WHEREAS, the Del Monte Boulevard Median Landscape Demonstration project (QLR 1901) and Downtown Vitalization Implementation Project (EDC2126) are included in the Capital Improvement Program with a budget of $25,000 and $4,000,000, respectively; and

WHEREAS, staff have engaged the services of the Wallace Group and BEK Collective to develop median landscape plans and streetscape features for consideration . The traffic engineering firm, Kimley-Horn has modeled traffic in response to a road diet (reduction from four automobile lanes to two automobile lanes with additional bicycle and pedestrian facilities), as well as possible intersection roundabouts on Del Monte Boulevard between Highway 1 and Reservation Road. The road diet addresses traffic calming an d multi-modal improvements for a more balance and safer vehicular, bicycle and pedestrian use; and

WHEREAS, an online survey and several well attended community outreaches were completed to collect input and feedback. The concept plans for the Del Monte Boulevard Median landscaping, downtown streetscape, and lane reallocation and intersection roundabouts were presented to the Public Works Commission on November 16, 2023; and

WHEREAS, on December 5th, 2023, the City Council Meeting, BEK and Kimly Horm presented landscaping concept and traffic simulation for the multi -modal improvements for the Del Monte Boulevard. The City Council continued the discussion of this project on February 6th, 2024, City Council meeting an d provided feedback to staff regarding cultural art area, plants and shrubs, median lighting, flags, bicycle safety and maintenance of proposed improvements.; and

WHEREAS, since the last presentation, staff completed the following: Arborist Report, EXHIBIT B, Tree Committee Approval, EXHIBIT B and ATP Grant Application submitted for the proposed roundabouts, road diet and streetscape. The horizontal layouts of roundabouts and road diet were refined to address Right of Way limits and enhance traffic calming features, (Roundabout footprints and median alignments are slightly different from previous presentation); and

WHEREAS, the presentation and providing design input for Del Monte Boulevard Landscaping and Multi Modal Improvements and Downtown Marina Streetscape Projects is not a project as defined by the California Environmental Quality Act (CEQA); and

6 Resolution No. 2024-
Page Two

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

1. Received an update presentation for the Del Monte Boulevard Landscaping and Multi-Modal Improvements and Downtown Marina Streetscape; and

2. Provided input and approval of final concept design; and

3. Approved phasing the delivery of the Del Monte Boulevard Landscaping, Multi -Modal Improvements, and Downtown Marina Streetscape; and

4. Authorized Call for Bids for the Del Monte Boulevard Median Landscaping Phase 1 Project.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 4th day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

____________________________
Anita Sharp, Deputy City Clerk
7 EXHIBIT A
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August 22, 2024 Item No. 13c

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 4, 2024

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 24-,
ADOPTING FISCAL YEAR 202 4-25 MID-CYCLE BUDGET ADJUSTMENTS,

AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE ALL

NECESSARY ACCOUNTING AND BUDGETARY ENTRIES

REQUEST:

It is requested that the City Council:

1) Consider adopting Resolution No. 2024-, approving the Fiscal Year 2024-25 mid-cycle budget adjustments as outlined in the staff report, and

2) Provide direction for any other Council desired adjustments, and 3) Authorizing the Finance Director to make all necessary accounting and budgetary entries

BACKGROUND:

The City operates on a two-year budget cycle. In September 2023, the City Council adopted the two- year structurally balanced budget for Fiscal Years 2023-24 and 2024-25. Between the two-year budget period, it is customary to provide a mid-cycle financial update to the City Council, including proposed adjustments to revenues and expenditures. The mid-cycle review also provides an opportunity for the City Council to provide direction to staff for other adjustments. As part of this process, staff will also be providing an update on the previously established top Council priorities.

ANALYSIS:

The General Fund is the City’s main operating fund that supports Police, Fire, Recreation and Cultural Services, Community Development, and administrative departments. The information presented in this report will primarily focus on the General Fund budget and any significant proposed changes. An overview of the General Fund fiscal year-end estimates and recommended budgetary changes for Fiscal Year 202 4-25 are included in EXHIBIT A. Additional updates to other funds are included in EXHIBITS B and C . While the City’s fiscal year ends on June 30 th, the City accrues or applies revenues and expenditures that were incurred during th e fiscal year through the end of August . In addition, accounting adjustments and reconciliations take place through September. Due to this process, the amounts listed for Fiscal Year 2023-24 are listed as “estimated”, rather than “actual”. The final year-end results will be provided with the independent auditor’s report or as part of the Strategic Planning Retreat in early 2025.

General Fund Revenues

Major Revenues

Staff continuously monitors the City’s budgetary performance. In Fiscal Year 2023-24, General Fund revenues are expected to exceed budgetary projections by $12.7 million. This is primarily due to a one-time $8.4 million land sale, strong tax performance, and increased investment returns. Property tax, transient occupancy tax, and sales tax are considered major revenues and represent over 68% of the General Fund’s on-going receipts. In Fiscal Year 2023-24, these three revenues are projected to be $1.8 million more than the adopted budget.

1 An overview of the revenue performance as it relates to the budget is presented in Table I.

Tables I: Fiscal Year 2023-24 Major Revenues

FY 2023-24
Adopted
FY 2023-24
Estimated
Variance
Property Tax $9,179,800 $10,362,489 $1,182,689
Sales Tax 9,722,900 9,977,747 254,847
Transient Occupancy Tax 4,847,764 5,247,774 400,010
Combined Major Revenues $23,750,464 $25,588,010 $1,837,546

The Fiscal Year 2023-24 property tax revenues include a Fort Ord Reuse Authority (FORA) property tax surplus payment of $130,000 and a Recognized Obligation Payment Schedule ( ROPS) residual property tax distribution of $765,000. The City’s residual ROPS distribution has ranged from $84,000 to $863,000 over the last five years , while Fiscal Year 2023-24 was the first year the City received a FORA property tax surplus payment.

The Fiscal Year 2024-25 projected revenues build upon the prior years’ performance and represent a $1.2 million increase over the original adopted budget. An overview of the proposed revision to the City’s three major revenue sources is provided in Table II.

Table II: Fiscal Year 2024-25 Major Revenues

FY 2024-25
Adopted
FY 2024-25
Proposed Revision
Variance
Property Tax $9,479,800 $10,432,421 $952,621
Sales Tax 9,850,900 10,065,000 214,100
Transient Occupancy Tax 5,324,159 5,352,000 27,841
Combined Major Revenues $24,654,859 $25,849,421 $1,194,562

The proposed revision to the current fiscal year property taxes is $952,621. While this is greater than the adopted budge t, it is in close r alignment with the prior year’s revenues. The annual projected growth when compared to the prior year estimate is less than 1%, however the Fiscal Year 2024 -25 amount includes a reduced ROPS residual property tax of $633,000 and omits a FORA property tax surplus payment. When adjusted for the two residual property taxes, the annual increase would be closer to 3.2%. The estimates for these two unique residual payments were reviewed with the City’s property tax consultant.

Additional General Fund Revenues

Use of Money and Property – Interest

In Fiscal Year 2023-24, interest earnings are projected to peak at approximately $3.2 million. This is approximately $2.4 million greater than the budgetary estimate and $2.7 million greater than the five- year average of $516,000. This growth in interest earnings resulted from strong investment returns, as well as the General Fund’s cash position. In Fiscal Year 2024 -25, it is anticipated that the Federal Reserve will begin reducing the federal lending rate ; and more cash will be expended as approved capital projects will enter into the construction phase . This includes providing bridge funding while waiting for grant reimbursements for the Imjin Widening Project. Based on these factors, the Fiscal Year 2024-25 interest earnings are projected to be closer to $1.6 million.

2 Business Licenses

In Fiscal Year 2022 -23 the combined b usiness license tax , fees, and penalties were $2.5 million ; however, in Fiscal Year 2023-24, they are projected to be $1.9 million. This variance is primarily related to a timing difference in the receipt and accrual of approximately $336,000 in business license revenues. The Fiscal Year 2024 -25 revised estimate of $2.1 million adjusts for the regular receipting/reporting period.

Intergovernmental
Intergovernmental revenues primarily reflect operational grants. In Fiscal Year 2023 -24, the full amount of grant award reimbursements was not requested prior to the end of the fiscal year. This can be attributed to the timing of purchasing goods or services; or deferrals in grant billings. In Fiscal Year 2024-25, the proposed revision includes a carry -forward amount of approximately $539,000. The carry-forward is primarily related to Community Development and Fire Department grants.

Estimated year -end amounts, as well as proposed revisions to the Fiscal Year 2024 -25 budgeted amounts can be found in EXHIBIT A.

General Fund Expenditures

In Fiscal Year 2023-24, it is estimated that the actual expenditures will be approximately $4 million below the budgeted amount. This is primarily due to approximately $2.6 million in salary savings resulting from position vacancies; and $ 1.2 million in funds that were committed to contracts or purchases that were reappropriated in the next fiscal year. This amount includes carry-forward grant- funded expenditures, one-time contracts, and $719,000 in capital outlay.

The Police and Recreation and Cultural Services Departments have the most significant increase in requested expenditures. The Police Department budget includes the addition of a Community Service Officer position; and increased expenditures to support training for new officers, 9-1-1 center costs , and overtime and canine supplies /services to align with historical use. The Recreation and Cultural Services Department’s proposed revisions include the reclassification of one position , omitted annual software subscription costs, and funding to support more robust community programs. Additional details regarding the requested positions are included in the subsequent section.

ADDITIONAL BUDGET RECOMMENDATIONS

In addition to revenue projections, staff has also analyzed current operational needs, as well administrative changes. Key changes to expenditures within the General Fund, Capital Improvement Fund, and Vehicle and Equipment fund are listed below.

Authorized Positions
Staff is requesting the following changes to authorized positions to reflect current operational needs.

Addition of a 1.0 Community Service Officer Estimated Annual Cost: $115,000

The Police Department is requesting an additional Community Services Officer (CSO) to address the growing needs of the City’s homeless population, as well as managing encampments. This position will serve as a liaison between the Police Department , homeless service organizations and ensure a coordinated response to these challenges. The CSO will also collaborate with other cities on the peninsula to provide a regional perspective on available resources and best practices for assisting individuals in need, while maintaining public safety. In addition to facilitating these partnerships, the CSO will ensure Marina’s compliance with municipal codes, federal laws, and California’s executive orders related to the cleanup of encampments. This role is critical in navigating the legal landscape, ensuring that both the City and its residents are protected under all applicable regulations. This 3 dedicated position will also assist in managing the risks associated with an increased number of individuals seeking refuge in unmanaged spaces, which could lead to public safety and health concerns.

Addition of a 1.0 Arborist / Botanist / Landscape Architect Estimated Cost: $170,000

In Fiscal Year 2023 -24, the City allocated $150,000 for a two -year period for a Landscape Architect/Arborist. Staff is proposing to add a regular 1.0 Arborist /Botanist/landscape architect position to assist with city-wide needs. This includes serving as an botanist and arborist, monitoring endangered species, and maintenance of parks medians, and open space areas. This position would also have oversight of the City’s Habitat Resources Management Plan which is being developed. This position is not currently on the City’s salary schedule. While the formal job description and salary for the position are still being developed, it is estimated there are sufficient funds in the Fiscal Year 2024- 25 Budget and the on-going unassigned fund balance to support this position.

Reclassify a 1.0 Recreation Leader to a Recreation Manager Estimated Cost: $46,000

The Recreation and Cultural Services Department is responsible for year-round after and out-of-school care programs from Kindergarten through High School, adult and senior programs, sports programs, facility reservations and rentals, as well as multiple mid-large scale community events. Current staffing levels include the Recreation and Cultural Services Director, three Recreation Leaders, and one Administrative Assistant.

The Recreation Leaders are very hands on at the program level, while the Director is heavily involved in CIP projects, park design and development ; and playground design, development, and installation.

The Department Director also focuses on mid to long -term planning, which includes oversight of a Parks Master Plan, Recreation Facility Plan, and the related capital improvements. A mid-management level position is needed to provide direct supervision and oversight of the daily operation of the Recreation programs and services. This reclassified position would be responsible for the supervision and administration of recreation programs, facility coordination, scheduling, programming, marketing, software administration, financial management, as well as related functions. This position is critical to the success of this growing and changing department.

Hilltop Park Maintenance
Staff is in the process of developing a maintenance plan for Hilltop Park which will soon be turned over to the city. It is anticipated that another maintenance worker will need to be added to be able to adequately maintain this park. We expect to bring this to the Council for consideration in the next month or two. The fully burdened cost of a maintenance worker is approximately $92,000.

SAFER Grant
The Fire Department has applied for a SAFER grant to add two additional firefighters which will increase the minimum staffing for the 2nd engine company from two to three. We should hear back in the next couple months if we receive this grant. If we don’t receive the grant, we will be coming back to the Council to discuss funding these positions for remaining unallocated on-going fund balance. The fully burdened cost for these two firefighters is estimated to be $270,000.

Capital Outlay

The Fiscal Year 2024/25 Budget includes the following new capital outlay request, as well as the carry-forward of funds into the current fiscal year. The carry forward purchases are included in EXHIBIT D, while new requests are listed below.

4 Fire Water Rescue Equipment
Funding Source: General Fund $18,000

The City currently does not have the appropriate equipment to safe ly assist with ocean/water rescues such as swimmers caught in a rip current. Staff is recommending the purchase of a remotely deployed flotation device known as EMILY (Emergency Integrated Lifesaving Lanyard). The device is a battery powered, remote controlled boat that can be deployed to an individual in need, with sufficient power to return the person(s) to the shore. EMILY can be deployed into the surf and pull up to four people back to shore.

Public Works Landscape Trailer
Funding Source: General Fund $15,000

The Public Works Department has recently divided the maintenance crew into the following three divisions to strengthen service levels: Facilities, Grounds/Landscaping, and Streets. Two maintenance crews have a trailer to carry to their equipment; however, the Grounds/Landscaping crew does not have a sufficient mechanism to transfer much-needed equipment to their worksite. The proposed new trailer would be assigned to the Grounds/Landscaping crew with the goal of creating operational efficiencies and providing a stronger level of service.

Police Radios
Funding Source: Vehicle and Equipment Fund $52,000 The County Shared 9 -1-1 Emergency Services is requiring the City Police Department to initiate a phase two upgrade to the City’s Motorola and Harris radios. This new equipment will include essential encryption upgrades . The requested funds will allow the Police Department to proceed with the necessary communication upgrades.

Capital Projects

The following additional three capital projects are included for consideration in the Fiscal Year 2024- 25 Budget. Two of the projects are partially funded by external sources, while one project is funded through the unallocated General fund balance.

Fort Ord Dunes State Park Trailhead and Coastal Access Point Improvements Initial Funding Source: Coastal Conservancy Grant $800,000

The City received an $800,000 Coastal Conservancy Grant to conduct community engagement, prepare technical studies to evaluate beach improvements, and design alternatives for improved access and new restrooms at the Fort Ords Dune Park. Additional project components include preparation of both a dune restoration and a long-term maintenance plan and a wayfinding and interpretive sign plan. This initial study will serve as the foundation for future capital improvement project.

Windy Hill Park Restrooms $275,000
Funding Source: Developer reimbursement

The Fiscal Year 2023 -24 Budget included $1.1 million in funding to replace the Windy Hill Park playground equipment and construct new restroom facilities. On June 12, 2024, the City Council adopted a resolution approving a playground design for Windy Hill Park . The restroom was excluded from the project due to Marina Station submitting plans for a restroom facility adjacent to the park. To allow the restroom to move forward, the City worked with the Marina Station developer to partially fund a restroom that would serve the Marina Station and Windy Hill Parks. This project would be funded through a reimbursable developer contribution of $275,000 and $118,340 from the original project funds.

5 Temporary Fire Shelter
Funding Source: General Fund $24,000

The City is purchasing a new fire truck; however, the city does not have any facilities that can house the new truck. This temporary facility will provide a shelter to secure and protect the new fire truck until a facility that can accommodate the truck can be built.

Tree Maintenance
It is estimated that the City has a backlog of tree maintenance work that needs to be done in our parks, open spaces, medians, and facilities. The estimated one-time costs are about $250,000.

Balanced Budget Formula
City Council policy (Resolution 2012 -46), requires the City to adopt a structurally balanced budget.

This structural balanced budget is defined as recurring annual expenses not exceeding recurring annual revenues and excludes one-time transfers. The adopted FY 2024 -25 budget was structurally balanced for the General Fund budget and only required the use of unallocated fund balance to support capital projects and other one-time expenditures.

The recommended budget adjustments are in compliance with Resolution 2012-46. The FY 2024-25 is projected to have a deficit balance of close to $1 million; however this is primarily related to one-time capital expenditures. The table below shows the calculation of the Fiscal Year 2024 -2025 balanced budget formula before and after the recommended budget adjustments . The revised net difference of revenues as compared to on -going expenses is a surplus of approximately $1 million . Staff has also attached EXHIBIT D to reconcile the full budget with the balanced budget formula that excludes one- time transactions.

Tables III: Structural Budgets (Balanced Budget Formula)

Fiscal Year 2024-25 Structural Budget Formula
Original Budget
Presentation
Adopted Budget Proposed Revision
Revenues $34,977,946 $34,977,946 $37,852,112
On-going Expenses 34,506,636 34,923,870 36,851,827
Surplus (Deficit) $471,310 $54,076 $1,000,285

Emergency Reserve Policy
The City has a General Fund Emergency Reserve Policy that establishes a reserve level at 20% of operating revenues. When the Fiscal Year 2023-24 Budget was adopted, the reserve level was reduced to 18% to provide for additional on-going expenditures. Staff recommends retaining this reserve level to align with the original budget adoption . Based on the revision to revenues, the emergency reserves would require an additional contribution of $745,352 to meet the 20% target. This would decrease unallocated fund balance by the same amount.

Unallocated Fund Balance
The General Fund was initially anticipated to end Fiscal Year 2023 -24 with an adjusted unassigned fund balance of $7.7 million; however, when the actual estimated performance is considered, the projected balance increases to $23.2 million. This is largely due to the $8.4 million land sale, greater than anticipated revenue performance, and one-time salary savings. Based on the proposed budgetary revisions to the current fiscal year, the General Fund ending unassigned fund balance for Fiscal Year 2024-25 is estimated to be $22.5 million.

6 OTHER FUNDS
Updates to other funds primarily focus on on -going revenues and expenditures with the exception of the proposed purchases listed in the capital outlay and capital project sections. A brief overview of the proposed changes is included in EXHIBITS B and C.

CONSIDERATIONS
The City Council will have its Strategic Planning Retreat in February or March. While the projected $22.5 million in the General Fund unassigned fund balance is projected to be available for appropriation, consideration also needs to be given in relation to cash flow requirements related to the Imjn Widening Project and any reimbursable grants . The Imjin Widening Project is fully underway and approximately $39 million is subject to grant reimbursements . All funds that have been retained at the City have been expended; and currently $9 million in expenditures are awaiting reimbursement.

The lead time to receive a reimbur sement may take up to four to eight months, depending on the granting agency. Deferring appropriation of any significant funds until the Strategic Planning Retreat will provide the City with a better opportunity to assess cash flow requirements, as well as receive the audited financial statements.

FISCAL IMPACT:

The actions recommended in the report will allow the City to function in a fiscally responsible manner.

All proposed changes are anticipated to result in a positive fund balance.

CONCLUSION:

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

Respectfully submitted,

Tori A. Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne P. Long
City Manager
City of Marina

7 RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA ADOPTING THE FISCAL YEAR 2024-25 MID-CYCLE BUDGET ADJUSTMENTS, AND

AUTHORIZING THE FINANCE DIRECTOR TO TAKE ALL NECESSARY

ACCOUNTING AND BUDGETARY ENTRIES

WHEREAS, the City and Agency budget is an estimation of resources, revenues and expenditures for a fiscal year period, which is July 1st through June 30th and;

WHEREAS, the City Council previously adopted the two -year budget for Fiscal Years 2023-24 and 2024-25, and;

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

1. That the City Council adopts the FY 2024-25 budget adjustments as detailed and recommended in the accompanying staff report and Exhibits A-D as adopted, and;

2. Continues established procedures for amending the budget as follows:

BUDGET ADJUSTMENTS, REALIGNMENTS & AMENDMENTS
The Marina City Manager and Executive Director of the Successor Agency to the Marina Redevelopment Agency, or his designee, shall be authorized to transfer budget authority within a fund as long as the total budget authority for that fund is not exceeded.

The Marina Finance Director for the City of Marina and the Successor Agency to the Marina Redevelopment Agency may move budget authority within a department am ount operating expenditures and among salary accounts but may not move budget authority from operating accounts to salary accounts.

The Marina City Manager and Executive Director of the Successor Agency to the Marina Redevelopment Agency, or his designee, shall be authorized to modify the budget(s) as follows:
a. Transfer revenues/appropriations within General Fund department b. Transfer revenues/appropriations within projects/departments of any fund c. Transfer revenues/appropriations between/among General Fund departments d. Transfer revenues/appropriations between/among projects/departments of any fund

Only the City Council or the Successor Agency to the Marina Redevelopment Agency Board of Directors shall be authorized to:
a. Increase/decrease the appropriation of any fund
b. Transfer cash and/or appropriations from one fund to another c. Authorize any interfund loan of cash or other resources d. Authorize expenditure, transfer, or encumbrance of the fund balance of any fund

8 Resolution No. 2024-
Page Two

3. Authorize the Finance Director to make all necessary and budgetary accounting entries , including the temporary transfer of cash due to timing of revenue payments.

PASSED AND ADOPTED by the City Council of the City of Marina at an adjourned regular meeting duly held on the 4th day of September 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None

______________________________
Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

9 FY 23/24
Adopted
FY23/24
Amended
FY 23/24
Estimate
Budget
Variance
FY 24/25
Adopted
Budget
FY 24/25
Amended
Preliminary
Carry-forwards
Change in
Estimate/New
Items
FY 24/25
Proposed
Revision
Revenues
Property tax 9,179,800 9,179,800 10,362,489 1,182,689 9,479,800$ 9,479,800 - 952,621 10,432,421 Sales tax 9,722,900 9,722,900 9,977,747 254,847 9,850,900 9,850,900 - 214,100 10,065,000 Transient occupancy tax 4,847,764 4,847,764 5,247,774 400,010 5,324,159 5,324,159 - 27,841 5,352,000 Business License 1,885,800 1,885,800 1,885,625 (175) 1,885,800 1,885,800 - 254,374 2,140,174 Franchise tax 1,181,500 1,181,500 1,393,282 211,782 1,181,500 1,181,500 - 189,500 1,371,000 Cardroom 200,000 200,000 208,916 8,916 200,000 200,000 - - 200,000 Cannabis 250,000 250,000 407,992 157,992 250,000 250,000 - 94,000 344,000 Subtotal Taxes 27,267,764 27,267,764$ 29,483,824 2,216,060$ 28,172,159$ 28,172,159$ -$ 1,732,436$ 29,904,595 - - - - Licenses, permits, and fees 835,200$ 835,200$ 855,792$ 20,592$ 885,200$ 885,200$ 28,300 913,500$ Fines and penalties 64,600 64,600 44,042 (20,558) 64,600 64,600 - 64,600 Intergovernmental 380,200 1,013,080 529,137 (483,943) 312,700 480,200 538,517 8,900 1,027,617 Charges for services 3,831,350 3,831,350 3,975,882 144,532 3,831,350 3,831,350 74,450 3,905,800 Use of Money and Property 1,105,000 1,105,000 3,442,275 2,337,275 1,005,000 1,039,800 875,000 1,914,800 Other revenues 80,600 80,600 118,039 37,439 73,600 73,600 47,600 121,200 OperatingSubtotal Operating 33,564,714$ 34,197,594$ 38,448,992$ 4,251,398$ 34,344,609$ 34,546,909$ 538,517$ 2,766,686$ 37,852,112$ Non-Operating Revenes
Land Sales - 8,426,523 8,426,523 - - - - -
Transfers 133,337 133,337 133,837 500 633,337 633,337 - - 633,337 Total Revenues 33,698,051$ 34,330,931$ 47,009,352$ 12,678,421$ 34,977,946$ 35,180,246$ 538,517$ 2,766,686$ 38,485,449$ -$ - - - Expenditures
City Council 56,269$ 56,269$ 34,204$ (22,065) 56,269$ 56,269$ -$ - 56,269$ City Mgr/HR/Risk 4,149,691 4,353,989 4,589,108 235,119 3,991,575 3,991,575 - - 3,991,575 Information Technology 330,927 330,927 293,096 (37,831) 339,182 339,182 - 10,234 349,416 Finance 1,305,932 1,305,932 1,143,798 (162,134) 1,273,794 1,273,794 32,500 31,400 1,337,694 City Attorney 800,000 800,000 681,741 (118,259) 800,000 800,000 - - 800,000 Police 9,477,325 9,457,737 8,375,550 (1,082,187) 9,792,310 9,792,310 25,603 228,065 10,045,978 Fire 4,965,795 5,275,795 5,192,302 (83,493) 5,186,939 5,659,439 - 36,100 5,695,539 Public Works 2,609,495 2,608,892 1,995,011 (613,881) 2,646,851 2,646,851 13,364 31,875 2,692,090 Planning 1,258,365 1,812,474 1,356,691 (455,783) 1,258,812 1,258,812 424,038 - 1,682,850 Engineering 1,977,832 1,977,832 1,708,562 (269,271) 1,196,838 1,236,838 - - 1,236,838 Building Inspection 898,621 898,621 679,073 (219,548) 849,815 849,815 - - 849,815 Economic Development 317,884 317,884 140,578 (177,306) 334,644 334,644 - - 334,644 Recreation & Culture 1,373,830 1,389,080 1,252,887 (136,193) 1,403,085 1,431,817 - 148,668 1,580,485 Citywide Non-Department 3,951,236 4,013,236 3,855,327 (157,909) 4,195,524 4,245,524 - - 4,245,524 Subtotal Operating 33,473,202$ 34,598,668 31,297,928 (3,300,740) 33,325,638 33,916,870 495,505 486,342 34,898,717 Non-Operating Expenditures - - - -
Capital Outlay 729,690$ 773,881$ 57,449$ (716,432) 1,425,199 1,425,199$ 719,002 40,500 2,184,701 Citywide Transfers Out 19,210,000 19,210,000 19,260,000 50,000 2,375,000 2,375,000 - 24,000 2,399,000 Subtotal Non-Operating 19,939,690$ 19,983,881$ 19,317,449$ (666,432)$ 3,800,199$ 3,800,199$ 719,002$ 64,500$ 4,583,701$ Total Expenditures 53,412,892$ 54,582,549$ 50,615,377$ (3,967,172)$ 37,125,837$ 37,717,069$ 1,214,507$ 550,842$ 39,482,418$ Exhibit A - General Fund Fiscal Year 23/24 Preliminary Estimates and Proposed FY 24/25 Revisions Fiscal Year 23/24 Preliminary and Estimated Fiscal Year 2024-25

EXHIBITA
10 EXHIBIT B
Fund Code
Amended
Budget
Year-End
Estimate Adopted Amended Carry-
Forwards
New
Adjustments Proposed Revision Notes
215 - Public Facilities Impact Fee 3,640,000$ 6,209,342$ 3,612,000$ 3,612,000$ 2,122,000$ 5,734,000$ FY 24/25 adjusted to reflect projected building activity and interest earnings 220 - Gas Tax 567,000 583,807 567,000 567,000 39,933 606,933 FY 24/25 gas tax revenues adjusted to State estimate 221 - RMRA 501,500 568,209 511,500 511,500 60,500 572,000 FY 24/25 updated to reflect FY 23/24 revenue performance 222 - Measure X 951,000 1,005,220 951,000 951,000 53,000 1,004,000 FY 24/25 revenues adjusted based on projected prior year performance 223 - FORA Dissolution / CFD 2,075,000 4,396,182 1,125,000 1,125,000 - 2,018,000 3,143,000 FY 23/24 includes one-time FOR A Dissolution payment of $995,133, other growth; FY 24/25 considers on-going revenues and adjusted for a decline in interest earnings
252 - CFD Dunes 2015-1 305,944 344,651 306,156 306,156 - 25,000 331,156 Adjustment for increased interest earnings 255 - Housing Assistance Fund 75,093 122,663 15,000 15,000 - 47,000 62,000 Adjustment for increased interest earnings 312 - 2015 GO Refunding Bonds Library 583,700 628,502 583,700 583,700 - 31,500 615,200 Adjusted to reflect prior year performance 351 - Abrams B Hsg Revenue Bond 697,000 776,202 697,000 697,000 - 73,155 770,155 Adjustment reflects debt transfer which is relatively in alignment with the prior year estimated actuals
352 - Measure X COP Debt Service 877,325 1,325,518 875,575 875,575 - 411,000 1,286,575 Adjusted to equate with debt service schedule and prior year amounts 422 - Measure X 10,340,000 3,780,534 4,555,000 4,555,000 6,829,220 115,000 11,499,220 Adjustment reflects draw-down of debt proceed revenues to align with expenditures 460 - Airport Capital Projects 993,000 1,065,035 260,000 260,000 - 52,000 312,000 Adjusted for interest earnings 462 - City Capital Projects 28,991,000 27,320,483 6,475,000 6,475,000 25,528,849 1,099,000 33,102,849 Reflects $800,000 in new Coastal Conservancy Grant, a $275,000 developer contribution for Windy Hill Park restrooms, and a transfer of $24,000 for the Fire Truck Shelter Project; and adjustment to carry-forward previously planned grant revenues for the Imjim Widening Project to align with expenditures of approximately $25.5 million
556 - Preston Park 7,444,000 8,090,110 7,444,000 7,444,000 - 801,000 8,245,000 Adjusted to reflect FY 24/25 projected revenues 557 - Abrams Non-Profit 4,239,233 3,805,529 4,239,233 4,239,233 - (344,643) 3,894,590 Adjusted to reflect FY 24/25 projected revenues 723 - FORA Dissolution 3,005,100 4,273,879 3,005,100 3,005,100 - 1,248,000 4,253,100 Pledged Property Tax Revenue has been gradually increasing, adjusted to align to prior year, net of interest reduction
758 - Successor Agency Obligation 5,127,650 5,025,529 5,127,650 5,127,650 - 910,110 6,037,760 Adjusted to align with Redevelopment Property Tax Trust Fund estimates 70,413,545$ 69,321,395$ 40,349,914$ 40,349,914$ 32,358,069$ 8,761,555$ 81,469,538$ (1) This worksheet only includes funds where there have been requested revisions. All other funds are initiallly projected to be consistent with the Adopted Budget.

Other Fund - Proposed Revenue Revisions (1)
Fiscal Year 2024-25Fiscal Year 2023-24
11 Fund Code Amended Budget
Year-End
Estimate Adopted Amended Carry-forwards Adjustments
Proposed
Revision Notes
110 - Vehicle and Equipment Expense $1,757,440 $343,863 $601,440 $601,440 $1,261,000 $52,000 $1,914,440 New Police radios to align with 9-1-1 Center requirements, and carry- forward of vehicle and equipment purchases that were ordered, but not delivered until FY 24/25
220 - Gas Tax 512,369 568,031 521,672 521,672 85,000 606,672 Adjusted to reflect $45,000 in additional utility costs based on the prior year; and new funding for greater pothole and streetlight maintenance, and related tools and supplies
223 - FORA Dissolution / CFD 9,310,000 4,974,917 4,610,000 4,610,000 4,335,083 - 8,945,083 Carry-forward of estimated TAMC portion of FORA CFD fees; and professional service contract
235 - Cypress Cove AD 23,822 27,767 19,105 19,105 - 6,000 25,105 Estimated increase in maintenance expenses, based on prior year 251 - Locke Paddon 16,036 21,185 12,151 12,151 - 4,000 16,151 Estimated increase in maintenance expenses, based on prior year 252 - CFD Dunes 345,740 9,689 365,851 365,851 316,045 - 681,896 Carry-forward of costs appropriated for maintenance and repairs of roadways, curbs, and gutters that were not expended in FY 23/24 312 - 2015 GO Refunding 544,855 547,446 544,855 544,855 - 12,331 557,186 Adjustments based on debt service schedule and related costs 352 - Measure X COP Debt Service 9,457,325 2,631,105 3,595,575 3,595,575 6,829,220 - 10,424,795 Carry-forward of project expenditures from FY 23/24 422 - Capital Projects - Measure X 10,300,000 845,812 7,365,000 7,365,000 9,454,188 - 16,819,188 Carry-forward of commited project expenditures for use in FY 24/25 460 - Airport Capital Projects 2,015,000 576,477 250,000 250,000 1,438,523 - 1,688,523 Carry-forward of unexpended project expenditures 462 - City Capital Projects 35,328,989 12,644,125 47,140,017 47,140,017 22,611,676 1,099,000 70,850,693 Carry-forward of unexpended project expenditures, addition of Coastal Access Project of $800,000, Windy Hill Bathroom Project at $275,000 and the costs for the Fire Truck Housing for $24,000. 556 - Preston Park 7,067,709 6,449,989 7,067,709 7,067,709 418,810 7,486,519 Adjustment based on Greystar and City estimates 557 - Abrams B NonProfit 3,551,199 3,882,090 3,551,199 3,551,199 - 665,796 4,216,995 Adjustment based on Greystar and City estimates 723 - FORA Dissolution 3,187,000 3,636,892 2,262,000 2,262,000 - 409,000 2,671,000 Adjusted to align with prior year distribution, net of one time payment of $995,133
758 - Successor Agency Obligation 4,978,371 4,914,374 4,985,091 4,985,091 - 1,080,550 6,065,641 Adjusted to align with ROPS Schedule, adjusted for timing differences
$88,395,855 $42,073,763 $82,891,665 $82,891,665 $46,245,735 $3,832,487 $132,969,887 (1) This worksheet only includes funds where there have been requested revisions. All other funds are initiallly projected to be consistent with the Adopted Budget.

Fiscal Year 2024-25Fiscal Year 2023-24
Other Funds - Proposed Fiscal Year 2024-25 Expenditure Revisions and Fiscal Year 2023-24 Year-End Estimates (1)

EXHIBIT C
12 Original Budget Proposed
Presentation Adopted Revision
Combined General Fund Expenditures 36,835,835$ 37,267,108$ 39,482,418$ Contribution to Reserves (129,000) (143,039) (888,390) - - 36,706,835$ 37,124,069$ 38,594,028$
One-Time Transfers
Downtown Vitalization Implementation 500,000$ 500,000$ 500,000$ Streetlight Replacement 125,000 125,000 125,000 Temporary fire structure 24,000
One-Time Expenses
Rosenbauer Fire Truck (second payment) 1,425,199 1,425,199 1,425,199 Landscape Architect/Arborist 150,000 150,000 - (transitions to regular staffing, rather than one-time cost) Fire rescue equipment - New request 18,000
Landscaping trailer for Public Works - New request 15,000 One-time expenses - Capital outlay carry-forwards
Rosenbauer Fire Truck (first payment) 464,690
Fire vehicle outfitting (resolution 2024-852) 24,000
Vacuum excavator for streets, potholes, and clean-up 76,821 Bobcat track loader equipment 78,491
Fire air compressor 75,000
Additional Item
Projected interest earnings, greater than five-year average (1,084,000) Total one-time expenses, net of revenue adjustment 2,200,199$ 2,200,199$ 1,742,201$ FY 24/25 On-going
Revenues 34,977,946$ 34,977,946$ 37,852,112$
Expenditures 34,506,636 34,923,870 36,851,827 Surplus/Deficit 471,310$ 54,076$ 1,000,285$ Fiscal Year 2024-25
Exhibit D - Balanced Budget Detailed Calculation

EXHIBIT D
13

Marina City CouncilSeptember 4, 2024

Marina City Council
September 4, 2024