December 16, 2014
Transcription
December 16, 2014
AGENDA Tuesday, December 16, 2014 5:30 P.M. Closed Session 6:30 P.M. Open Session REGULAR MEETING CITY COUNCIL, AIRPORT COMMISSION, MARINA ABRAMS B NON-PROFIT CORPORATION AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND JOINT POWERS FINANCING AUTHORITY Council Chambers 211 Hillcrest Avenue Marina, California VISION STATEMENT Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006) MISSION STATEMENT The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006) 1. CALL TO ORDER 2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) Nancy Amadeo, David W. Brown, Gail Morton, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado 3. CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers-Milias-Brown Act representative. a. Conference with Legal Counsel Existing Litigation, – (Paragraph (1) of subdivision (d) of Section 54956.9) – One case (1) Marina v. Fort Ord Reuse Authority Agenda for City Council Meeting of Tuesday, December 16, 2014 Page 2 b. Labor Negotiations i. Marina Employee Association ii. Marina Management Employees Association iii. Marina Public Safety Officers Association iv. Marina Public Safety Manager’s Association v. Marina Professional Firefighters Association vi. Department Directors 1. Community Development Director 2. Finance Director 3. Fire Chief 4. Police Chief 5. Recreation and Cultural Services Director City Negotiators: Donna Williamson, Liebert Cassidy and Layne P. Long, City Manager and Employee Relations Officer c. Real Property Negotiations a. Property: Marina Corporation Yard – 2660 5Th Avenue, Marina, CA Negotiating Party: David Moon Property Negotiator: City Manager Terms: All terms and conditions 6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION 4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) 5. SPECIAL PRESENTATIONS: None 6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as permitted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council 7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENGY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency. Agenda for City Council Meeting of Tuesday, December 16, 2014 a 8. Page 3 Successor Agency Board consider adopting Resolution No. 2014-, (SA/MRA) receiving and filing the Successor Agency to the former Marina Redevelopment Agency audited statement of net position as of June 30, 2014 and the related statement of changes in net position for the year ended June 30, 2014. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE: (1) Accounts Payable Check Numbers 73230-73334 totaling $349,469.97 Wire transfers totaling: $191,689.77 b. MINUTES: (1) November 20, 2014, Special Joint City Council/Planning Commission Meeting (2) December 2, 2014, Regular City Council Meeting c. CLAIMS AGAINST THE CITY: None d. AWARD OF BID: None e. CALL FOR BIDS: None f. ADOPTION OF RESOLUTIONS: (1) City Council consider adopting Resolution No. 2014-, authorizing submission of grant application for 2014 Assistance to Firefighters Grant Program’s Staffing for Adequate Fire and Emergency Response (SAFER) for four (4) full time firefighters; authorizing the City Manager to execute the grant application on behalf of the city subject to final review and approval by the City Attorney. (2) City Council consider adopting Resolution No. 2014-, approving regular City Council meeting schedule for 2015 Calendar Year. g. APPROVAL OF AGREEMENTS: (1) City Council consider adopting Resolution No. 2014-, authorizing the City’s Retired Fire Chief to work on a temporary basis during the recruitment and orientation of the Fire Chief position, and authorize the City Manager to execute the personnel action form on behalf of the city. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: (1) City Council consider adopting Resolution No. 2014-, approving request by Marina Community Partners LLC, to release portion of performance bond for public improvements in the Dunes Phase 1C area in the amount of $998,261.; accept a substitute performance bond security of $100,000 for remaining street lights and electrical facilities, and; authorize the City Manager to execute the release agreement on behalf of the City subject to final review and approval by the City Attorney. Agenda for City Council Meeting of Tuesday, December 16, 2014 Page 4 i. MAPS: None j. REPORTS: (RECEIVE AND FILE): (1) City Council consider receiving brief informational report for priority projects and programs. (2) Community Human Services, November 20, 2014 Board Meeting Highlights. (3) Transportation Agency for Monterey County, December 3, 2014 Highlights. (4) City Council consider adopting Resolution No. 2014-, receiving and filing City of Marina audited Annual Financial Reports for the fiscal year ended June 30, 2014. k. FUNDING & BUDGET MATTERS: None l. APPROVE ORDINANCES (WAIVE SECOND READING): None m. APPROVE APPOINTMENTS: (1) City Council consider adopting Resolution No. 2014 approving Mayor’s 2015 recommendation for Mayor Pro Tem and City Council member assignments to various Committees/Commissions/Boards. 9. PUBLIC HEARINGS: None 10. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. 11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Marina Joint Powers Financing Authority consider adopting Resolution No. 2014-, (JPA), electing officers and directing the filing of notices with Secretary of State and the County Clerk. b. City Council consider adopting Resolution No. 2014-, approving Amendment No. 8 to Management Agreement between the City of Marina, the City of Marina Abrams B NonProfit Corporation (“Non-Profit Corporation”) , and Alliance Communities Inc., for Abrams B Housing Area, subject to final approval by the Federal National Mortgage Association, and; authorizing City Manager to execute Amendment No. 8 to Management Agreement on behalf of the City subject to final review and approval by the City Attorney; adopting Resolution No. 2014- (NPC), approving Amendment No. 8 to Management Agreement between the City of Marina, the Non-Profit Corporation, and Alliance Communities, Inc., subject to final approval by the Federal National Mortgage Association, and; authorizing the Executive Director to execute Amendment No. 8 to Management Agreements on behalf of the Non-Profit Corporation subject to final review and approval by the Non-Profit Corporation Legal Counsel. Agenda for City Council Meeting of Tuesday, December 16, 2014 12. Page 5 COUNCIL & STAFF INFORMATIONAL REPORTS: a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2. 13. ADJOURNMENT: CERTIFICATION I, Anita Flanagan, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 5:30 p.m., Friday, December 12, 2014. _______________________________________ ANITA FLANAGAN, DEPUTY CITY CLERK City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of the City Clerk, and kept for a period of 90 days after the formal approval of MINUTES. City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267. Agenda items and staff reports are public record and are available for public review on the City's website (www.ci.marina.ca.us), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting. Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting. Members of the public may receive the City Council, Airport Commission and Redevelopment Agency Agenda at a cost of $55 per year or by providing a self-addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at marina@ci.marina.ca.us. ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: marina@ci.marina.ca.us. requests must be made at least 48 hours in advance of the meeting Agenda for City Council Meeting of Tuesday, December 16, 2014 Page 6 Upcoming 2014 Meetings of the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Successor Agency of the Former Redevelopment Agency Regular Meetings: 5:30 p.m. Closed Session; 6:30 p.m. Regular Open Sessions NOTE: Regular Meeting dates may be rescheduled by City Council only. ADDITIONAL CITY COUNCIL MEETINGS _________________________________________ C I T Y H A L L H O L I D A Y S (City Hall Closed) Winter Break ------------------------------ Wednesday, December 24, 2014 – Friday, January 2, 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2014 COMMISSION DATES Upcoming 2014 Meetings of Design Review Board 3 Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M ** = Change in location due to conflict with Council meeting . December 17, 2014 rd Upcoming 2014 Meetings of Economic Development Commission 1st Thursday of every month except March and July. Meetings are held at the Council Chambers at 6:30 P.M. Upcoming 2014 Meetings of Planning Commission 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M. December 25, 2014 (Cancelled) Upcoming 2014 Meetings of Public Works Commission 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M. December 18, 2014 Upcoming 2014 Meetings of Recreation & Cultural Services Commission 1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M. December 9, 2014 Honorable Chair and Board of the Successor Agency of the Marina Redevelopment Agency Item No. 7a Successor Agency Board Meeting of December 16, 2014 CITY COUNCIL OF THE CITY OF MARINA ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY OF MARINA REDEVELOPMENT AGENCY BOARD CONSIDER ADOPTING RESOLUTION NO. 2014-, RECEIVING AND FILING THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY AUDITED STATEMENT OF NET POSITION AS OF JUNE 30, 2014 AND THE RELATED STATEMENT OF CHANGES IN NET POSITION FOR THE YEAR ENDED JUNE 30, 2014 REQUEST: It is requested that the City Council of the City of Marina acting as the Governing Board of the Successor Agency of the Marina Redevelopment Agency Board consider: 1. Adopting Resolution No. 2014- (SA-MRA), receiving and filing the Successor Agency to the former Marina Redevelopment Agency audited statement of net position as of June 30, 2014 and the related statement of changes in net position for the year ended June 30, 2014. BACKGROUND: After each fiscal year, independent auditors examine and test the underlying controls, fiscal records and financial transactions from which the Successor Agency to the former Marina Redevelopment Agency financial reports are prepared, and issue their opinion on the financial statements contained in the reports. The purpose of the audit is to determine whether, in the auditor's opinion, the financial statements present fairly in all material respects the Successor Agency to the former Marina Redevelopment Agency financial position and results of operations for the fiscal year. The State dissolution of redevelopment agencies caused a significant shift in the financial position, changed in the legal entity title and changed the accounting treatment and presentation. These financial statements are issued in accordance with the Marina Redevelopment Agency Marina Municipal Airport Area 2000 Tax Allocation Bonds, Series A Indenture of Trust dated July 1, 2000, Section 5.05 Books and Accounts: Financial Statements. “The Agency will cause to be prepared, within one hundred and eighty (180) days after the close of each Fiscal Year so long as the Bonds are Outstanding, complete audited financial statements with respect to such Fiscal Year showing the Tax Revenues, all disbursements of Tax Revenues and the financial condition of all funds and accounts established in this indenture, as of the end of such Fiscal Year.” 7a Pg. 1 ANALYSIS: The independent auditors, Mann, Urrutia, Nelson CPAs, issued a favorable opinion dated December 8, 2014 for the statement of net position of the Successor Agency to the Marina Redevelopment Agency of the City of Marina as of June 30, 2014 and the related statement of changes in net position for the year then ended June 30, 2014. (EXHIBIT A) The auditors' unqualified opinion on these financial statements are indicative of superior financial records, an accomplishment made possible through the dedication and commitment to excellence on the part of Finance Consultant Richard B. Standridge, CPA and Finance Department staff, Accounting Technicians Monika Collier, Lily Suarez and Janet Villavisencio. FISCAL IMPACT: None CONCLUSION: This request is submitted for City Council, acting as the Government Board of the Successor Agency of the Marina Redevelopment Agency consideration and possible action. Respectfully submitted, _____________________________ Lauren Lai, CPA Finance Director City of Marina REVIEWED/CONCUR: _____________________________ Layne P. Long City Manager City of Marina 7a Pg. 2 RESOLUTION NO. 2014- (SA-MRA) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY OF THE MARINA REDEVELOPMENT AGENCY ADOPTING RESOLUTION NO. 2014-, RECEIVING AND FILING THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY AUDITED STATEMENT OF NET POSITION AS OF JUNE 30, 2014 AND THE RELATED STATEMENT OF CHANGES IN NET POSITION FOR THE YEAR THEN ENDED JUNE 30, 2014 WHEREAS, after each fiscal year, independent auditors examine and test the underlying controls, fiscal records and financial transactions from which the Successor Agency to the former Marina Redevelopment Agency financial reports are prepared, and issue their opinion on the financial statements contained in the reports, and; WHERAS, the purpose of the audit is to determine whether, in the auditor's opinion, the financial statements present fairly in all material respects the Successor Agency to the former Marina Redevelopment Agency financial position and results of operations for the fiscal year, and; WHEREAS, the State dissolution of redevelopment agencies caused a significant shift in the financial position, changed in the legal entity title and changed the accounting treatment and presentation, and; WHEREAS, these financial statements are issued in accordance with the Marina Redevelopment Agency Marina Municipal Airport Area 2000 Tax Allocation Bonds, Series A Indenture of Trust dated July 1, 2000, Section 5.05 Books and Accounts: Financial Statements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina, acting as the governing board of the Successor Agency of the Marina Redevelopment Agency here by 1. Receive and file the Successor Agency to the former Marina Redevelopment Agency audited financial statement of net position as of June 30, 2014 and the related statement of changes in net position for the year ended June 30, 2014 (Exhibit A). PASSED AND ADOPTED by the City Council of the City of Marina acting as the governing board of the Successor Agency of the Marina Redevelopment Agency at a regular meeting duly held on the 16th day of December 2014, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: _______________________________ Bruce C. Delgado, Chair ATTEST: _______________________________ Anita Flanagan, Acting Board Secretary 7a Pg. 3 EXHIBIT A MANN • URRUT I A · NELSO N GLENDALE • ROSEVILL E • CPAs & ASSOC I ATES , LLP SA C RA MENT O • SOUTH LAK E TA H O E • KAUA I , H AWA II INDEPENDENT AUDITOR'S REPORT To the City Council Oversight Board of the Successor Agency to the Marina Redevelopment Agency Marina, California We have audited the accompanying financial statements of the Successor Agency to the Marina Redevelopment Agency of the City of Marina as of and for the year ended June 30, 2014. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion The financial statements do not include footnote disclosures to the financial statements. In our opinion, disclosure of that information is required to conform with accounting principles generally accepted in the United States of America. In our opinion, except for the omission of the information discussed in the preceding paragraph and the "Other Matters" paragraph, the financial statements referred to in the first paragraph present fairly, in all material respects, the financial position of the Successor Agency to the Marina Redevelopment Agency of the City of Marina as of June 30, 2014, and the results of its operations for the year ended June 30, 2014 with accounting principles generally accepted in the United States of America. SACRAME NTO OFFICE • 25 15 VENTURE OAKS W AY , SuiTE 1 35 • SACRAMEN TO , CA 95833 • WWW.,MUNCPAS.COM o . F. 916 .929.0541 7a Pg. 4 9 16.929.0540 • Other Matters Required Supplementary Information Management has omitted management's discussion and analysis that accounting principles generally accepted in the United States of America require to be presented to supplement the basic financial statements. Such missing information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. Our opinion on the basic financial statements is not affected by this missing information. Yf/aMJ Orr~ VfJ~&f Sacramento, California October 20, 2014 7a Pg. 5 SUCCESSOR AGENCY to the MARINA REDEVELOPMENT AGENCY STATEMENT OF NET POSITION June 30, 2014 ASSETS Cash and Cash Equivalents $ Prepaid Expenses 977,379 12,113 Accrued Receivables 309 Long-Term Receivable- Sate of California 510,000 Capital Assets - Land 900,000 Total Assets $ 2,399,801 $ 3,563 LIABILITIES Accounts Payable Accrued Payables 192 Due to City of Marina Funds 328,713 Bonds Payable: Due within One Year 20,000 Due in More Than One Year 490,000 Total Liabilities $ 842,468 Unavailable Revenue - Property Taxes Received in Advance $ 529,210 Net Position (Held in Trust for Successor Agency to the $ 1,028,123 DEFERRED INFLOWS Marina Redevelopment Agency) -1- 7a Pg. 6 SUCCESSOR AGENCY to the MARINA REDEVELOPMENT AGENCY STATEMENT OF CHANGES IN NET POSITION June 30, 2014 ADDITIONS Property Taxes (including DOF True-Up Adjustment) $ Investment Earnings 1,272,603 2,172 Property Tax In-Lieu 29,139 Net Assets Received on Dissolution of Redevelopment Agency 39,501 Total Additions $ 1,343,415 $ 1,645,963 DEDUCTIONS ROPS Payments: Programs Costs Legal & Professional Fees 43,230 Employee Costs 109,113 Occupancy & Operating Costs 117,005 Total Deductions $ Change in Net Position $ NET POSITION - BEGINNING OF YEAR 1,915,311 (571,896) 1,600,019 NET POSITION - END OF YEAR $ -2- 1,028,123 7a Pg. 7 SUCCESSOR AGENCY to the MARINA REDEVELOPMENT AGENCY Combining Schedule of Net Position June 30, 2014 Successor Agency Operating Fund ASSETS Cash and Cash Equivalents Prepaid Expenditures Accrued Receivables Advances (to)from Other Funds, Net Long-Term Receivable - State of California Capital Assets - Land TOTAL ASSETS LIABILITIES Accounts Payable Accrued Payables Due to City of Marina (Long Term) Bonds Payable: Due Within One Year Due in More Than One Year TOTAL LIABILITIES $ - $ $ Successor Agency Obligation Retirement Fund Successor Agency Housing Fund - $ - DEFERRED INFLOWS Unavailable Revenue - Property Taxes Received in Advance $ Net Position (Held in Trust for Successor Agency to the $ $ $ $ - - $ $ $ $ $ 977,379 12,113 309 510,000 900,000 2,399,801 $ $ - $ 529,210 $ - $ 529,210 - $ (150,607) $ 1,178,730 $ 1,028,123 - $ - $ $ 48,992 23 229,715 900,000 1,178,730 20,000 490,000 842,468 $ 3,563 192 328,713 $ Total - - $ 928,387 12,113 286 (229,715) 510,000 1,221,071 Successor Agency Housing Assets Fund $ 3,563 192 328,713 $ 20,000 490,000 842,468 Marina Redeveloment Agency) -3- 7a Pg. 8 SUCCESSOR AGENCY to the MARINA REDEVELOPMENT AGENCY Combining Schedule of Changes in Net Position Year Ended June 30, 2014 53 Successor 54 58 59 Successor Successor Agency Successor Agency Agency Agency Obligation Housing Operating Fund Housing Fund Retirement Fund Assets Fund Total ADDITIONS Property Taxes (Net of DOF True-Up Adjustment) $ Investment Earnings - $ 254 Property Tax In-Lieu Net Assets Received on Dissolution of Redevelopment Agency 39,501 Interfund Transfers Total Additions 579,815 $ - 29,139 (287,038) $ - $ 1,272,603 98 2,172 29,139 - (287,039) $ 1,272,603 1,819 - 540,060 $ 1 - (540,060) 39,501 287,039 - $ 763,501 $ 287,137 $ 1,343,415 $ 1,062,244 $ 8,407 $ 1,654,370 DEDUCTIONS - ROPS Payments: Program Costs $ 583,719 $ - $ - Legal & Professional Fees - - 41,649 - 41,649 Employee Costs Occupancy & Operating Costs - - 102,287 117,005 - 102,287 117,005 Interfund Transfers Total Deductions Change in Net Position $ $ NET POSITION - BEGINNING OF YEAR NET POSITION - END OF YEAR 583,719 (3,904) $ $ 3,904 $ -4- - (287,038) $ $ 287,038 $ - 1,323,185 (559,684) 8,407 $ $ 278,730 $ 354,077 $ (205,607) - $ 955,000 $ 1,233,730 1,915,311 (571,896) 1,600,019 $ 1,028,123 7a Pg. 9 8a Pg. 1 8a Pg. 2 8a Pg. 3 8a Pg. 4 Agenda Item: 8b(1) City Council Meeting of December 16, 2014 MINUTES Thursday, November 20, 2014 6:00 P.M. JOINT SPECIAL MEETING AND STUDY SESSION OF THE MARINA CITY COUNCIL AND THE MAIRNA PLANNING COMMISSION Council Chambers 211 Hillcrest Avenue Marina, California 1. CALL TO ORDER 2. ROLL CALL & ESTABLISHMENT OF QUORUM: CITY COUNCIL MEMBERS PRESENT: Nancy Amadeo, Gail Morton, Mayor ProTem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado CITY COUNCIL MEMBERS ABSENT: David W. Brown PLANNING COMMISSION MEMBERS PRESENT: David Burnett, Margaret Davis, Eugene Doherty, Greg Furey, Tim Ledesma, Virgil Piper, Ken Turgen 3. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) 4. STUDY SESSION: a. Joint City Council/Planning Commission Study Meeting Discussion Recreational Trails and Greenway Corridors; and provide further direction. Staff Presentation: Purpose: Policy, environmental and infrastructure implications: Creating a greenway corridor From Fort Ord Dunes State Park to Jerry Smith Corridor abutting Fort Ord National Monument Outline next steps to amend affected documents Outline: Presentation Structure - Council direction, Staff action, Greenway concept and location, Infrastructure and policy implications, Amendment actions, Cost implications Marina City Council Direction of 1.28.14 - Motion 2 directed staff to: (a) look at feasibility of adopting into current general and specific plans, and other adopted, planning documents, open space greenway and recreation corridor(s) connecting the Fort Ord Dunes State Park with our two National Park Service land grants (commonly known as the Water City Roller Hockey and Marina Equestrian Center) through to the Jerry Smith Corridor abutting the Fort Ord National Monument; (b) report to council no later than March 2014 on feasibility and/or required changes/amendments in these adopted plans, if any, and the process to amend any adopted plans; and to meet with appropriate jurisdictions, 8b(1) Pg. 1 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 2 organizations and agencies, including CSUMB, TAMC, County of Monterey, to advance the planning of open space greenway and recreation corridor(s) through lands within their collective jurisdictions between the Pacific Ocean and the Fort Ord National Monument Staff Action: Staff met with the following jurisdictions, organizations and agencies regarding creating a new open space greenway: County of Monterey representative Michael Bellinger on June 13, 2014, regarding trails on former Fort Ord land east of the City of Marina.; CSUMB staff Andre Lewis and Anya Spear on September 8, 2014, to discuss trail planning on CSUMB land.; CSUMB professors Fred Watson and Scott Waltz on September 18, 2014, to discuss their concept for a creating a new greenway corridor.; CSUMB staff, CSUMB professors, and FORA staff on October 2, 2014. Trail and Greenway Concept: Grassroots initiative; Open proposal provided by CSUMB professors; Dr Fred Watson & Dr Scott Waltz - More information available online at http://ccows.csumb.edu/home/proj/long/ord/FORTAG Affected City Documents: General Plan & EIR (2000); Housing Element & MND (2009); Parks & Recreation Facilities Master Plan (2009); Pedestrian & Bicycle Master Plan (2010); University Villages (“the Dunes”) Specific Plan, EIR, Settlement Agreement, Development Agreement, and Disposition & Development Agreement (2005); Marina Heights Specific Plan, EIR, and Development Agreement (2003) MMC Memorandum of Agreement (2010); Silver Catalyst Project – California Sustainable Strategies Pilot Program (SGC grant eligibility); Promontory at CSUMB Marina Specific Plan, MND, & DDA (2012); National Park Services Programs of Utilization for PBC parcels (Marina Community Park (Equestrian Center)& Sports Complex (Roller Hockey); Economic Development Conveyance (EDC) and Public Benefit Conveyance (PBC) parcel deed restrictions & covenants Affected Infrastructure: 9th Street ROW; 8th Street (closure); Imjin Pkwy (operation); Intergarrison (operation); 2nd Avenue (underpass) Infrastructure Implications: 9th Street ROW; Existing utilities in place (limit repurposing of land); Alternative use of transit ROW; 8th Street (closure); Classified as arterial in General Plan; Traffic will shift to other streets (e.g., Imjin Pkwy, HWY 68); Imjin Pkwy (operation); Additional traffic will increase congestion; Intergarrison (operation); Classified as major roadway connector in FORA BRP; Traffic will shift to other streets (e.g., Imjin Pkwy, HWY 68); 2nd Avenue (underpass); ADA accessible underpass (maximum grade 8%) Policy Implications: Update General Plan; Housing: elimination of residential development units; Commercial: replacement of EDC parcels with open space; Loss of tax revenue and mix of land uses; Community Land Use: job/housing balance; Loss of jobs near housing due to EDC parcel conversion; Community Design & Development: road network and classification change to accommodate greenway; Parks & Recreation: text edits to increase open space; Pedestrian and Bicycle Master Plan; New alignments and facilities - Prepare new EIR, Evaluate change in land use (e.g., conversion of residential and commercial areas to open space); Evaluate change in circulation patterns (e.g., traffic volumes on Imjin Pkwy); Evaluate affected mitigation measures (e.g., previously adopted mitigation measures may have to be eliminated if no longer feasible b/c of proposal) - Public Facilities Impact Fees (PFIF) study, Evaluate future development impacts on: existing public (building) facilities; public safety facilities; transportation (roadways and intersections); parks; Analyze need for new facilities and improvements required by new development; Set forth relationship between needs and impacts; Estimate costs of improvements; Finance only facilities identified in PFIF study - Public Facilities Impact Fees (PFIF), Potential reevaluation of funding amounts and timing for Capital Improvement Program (CIP) projects - Dunes Specific Plan and EIR, Prepared & funded by Developer; Adopted by City Council; Multiple EIR sections affected (e.g., traffic/ transportation, biology, air quality, noise); Impacts DDA/DA; Interferes with vested rights ; Require renegotiations with property owner(s); Impacts PFIF - Marina Heights Specific Plan and EIR, Prepared & funded by 8b(1) Pg. 2 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 3 Developer; Adopted by City Council; Multiple EIR sections affected (e.g., traffic/ transportation, biology, air quality, noise); Impacts DA; Impacts PFIF; Eliminates residential development; Conflicts with potential school site to north Amendment Actions: Complete CEQA analysis for greenway concept; Evaluate land use and traffic impacts; Evaluate previous mitigation measures no longer feasible; Evaluate potential conflicts with applicable land use plans; Evaluate ability to achieve jobs/housing balance due to loss of EDC parcels; Evaluate ability of land use/transportation system to minimize traffic congestion ; Evaluate trail improvements - Revise PFIF and CIP, Based on mitigation measures/projects identified in new CEQA analysis - Update city planning documents and deeds, General Plan; Pedestrian & Bicycle Master Plan; Parks & Recreation Master Plan; Conversion of EDC parcels to PBC parcels - Address affected Specific Plans, The Dunes on Monterey Bay (formerly University Villages); Marina Heights Cost Implications: Infrastructure, Trail construction (per sf) and maintenance (per sf per annum); Open space landscaping/irrigation/maintenance (per sf per annum); Undercrossing at 2nd Avenue: ±$600,000; Land purchase to reacquire 8th St ROW from MCP; Loss of tax revenue for converting EDC parcels to open space – Policy, Unknown cost for conducting environmental analysis and amending City documents; Unknown changes to PFIF and corresponding CIP projects - Additional Coordination and Unknown Costs, CSUMB Master Plan revision; FORA BRP revision & Master Resolution consistency determination; NPS Program of Utilization revision; Negotiations with property owners with vested rights. Council Member Morton Presentation: Motions approved by Marina City Council on January 28, 2014 (1) DIRECT STAFF to (a) look at feasibility of adopting into current general and specific plans, and other adopted, planning documents, an alternative route for TAMC’s multi-modal corridor through the City of Marina, that route being identified in the TAMC MAP as “Segments 1A to 2A to 2B to 3C to 3D, and to specifically exclude segments 1B, 3A, 3B, 4B and 5A to the extent each is within city limits;” (b) report to council no later than March 2014 on feasibility and /or required changes/amendments in these adopted plans, if any, and the process to amend any adopted plans; (c) to immediately report to TAMC in its multi-modal corridor planning and feasibility procedures that the City of Marina wants consideration given to the route identified herein as a preferred alternative to the route identified in the 2010 MOU. (2) DIRECT STAFF TO (a) look at feasibility of adopting into current general and specific plans, and other adopted, planning documents, open space greenway and recreation corridor(s) connecting the Fort Ord Dunes State Park with our two National Park Service land grants (commonly known as the Water City Roller Hockey and Marina Equestrian Center) through to the Jerry Smith Corridor abutting the Fort Ord National Monument; (b) report to council no later than March 2014 on feasibility and /or required changes/amendments in these adopted plans, if any, and the process to amend any adopted plans; and (c) to meet with appropriate jurisdictions, organizations and agencies , including CSUMB, TAMC, County of Monterey, to advance the planning of open space greenway and recreation corridor(s) through lands within their collective jurisdictions between the Pacific Ocean and the Fort Ord National Monument. Economic benefits of trail connections & how Marina achieves it: Fort Ord Dunes State Beach; Fort Ord National Monument; the Fort Ord National Monument designation offers economic opportunity for REGION. Regions with national monuments have prospered: Escalante National Monument, UT (1996) Growth in 8 years following designation: Regional population 8%; Real personal income 40%; Jobs 38% ; Real per capita income 30% - White Sands National Monument, NM(1933), 438,511 visitors in 2008; $15.7 million in local economy; 308 jobs supported 8b(1) Pg. 3 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 4 Third largest personal spending in USA: Outdoor recreation, $646 billion annually Outdoor Recreation is essential to the American Economy: The impact of outdoor recreation reached far beyond the outdoor industry, directly fueling major traditional American economic sectors. Outdoor recreation employs America - $39.7 billion in state & local tax revenue Can Marina increase its share of this revenue? Yes Emphasis on Fort Ord National Monument can significantly increase economic prosperity on the Central Coast. FIRST STUDY - Analysis by Economic & Planning Systems, Inc.: The 2012 Fort Ord Base Reuse Plan Reassessment: Market and Economic Analysis repeatedly recommends: Achieve economic development through emphasis on Fort Ord National Monument, “With a thoughtful implementation strategy, the Monument can help extend tourism and related spending to nearby communities.”; “Fort Ord retail sales serving tourists are expected to total approximately $61 million annually if there is a successful effort to activate the Monument.” SECOND STUDY - Headwater Economics of Bozeman, Montana: Summarizes economic role of protected public lands in Monterey County; Discusses the multiple uses and benefits of Fort Ord Public Lands to its surrounding communities “If Monterey County pursues increased visitation based on outdoor tourism and recreation, the County has every incentive to protect its quality of life, scenic public lands, and popular recreation areas to help the region compete for people and businesses in the future.” - Protected public lands provides an important foundation to: Improve quality of life, Attract entrepreneurs, Increase property values, Strengthen economy; “High quality of life, including protected and scenic landscapes, stimulates “amenity migration” which draws entrepreneurs and attracts a skilled workforce across a range of industries.”; “For many seniors and soon-to-be retirees, protected public lands and recreation provide important aspects of a high quality of life.” Investment income and retirement programs already represent more than 1/3 of all personal income in the West— and will grow as the Baby Boomer generation retires; “…surveys of business owners have consistently identified quality of life, including environmental amenities such as public land, as a key factor in determining where entrepreneurs choose to locate.“ - “On average, western non-metro counties have a per-capita income that is $436 higher for every 10,000 acres of protected public lands within their boundaries.”; In areas “such as those that surround much of Fort Ord, open space; parks; outdoor recreation opportunities increase the value of nearby residential and commercial property.” THIRD STUDY - Analysis by SRI, Inc. – Crafting and Economic Vision for Monterey County, From the SRI (Stanford Research Institute) Report, the Monterey County Economic Development Committee concluded: “With proper packaging and marketing, open undeveloped space can attract visitors to stay longer and come back more often, with related benefits of increased visitor spending on lodging, food, retail and services in the county. In addition, attraction of recreation enthusiasts can help attract manufacturing and retail/service businesses catering to the equipment needs of the visitors, such as bicycles, equestrian equipment and services, diving, boating and backpacking among others.” ALL three studies stress that concrete plans must be developed and implemented to achieve major economic benefits from designation of the National Monument. Same three studies provide instructions for prosperity: Connect - “Paths for bicycle, pedestrian and equestrian uses without conflict should be constructed according to a full master plan for the Monument…Linkages to key projects and other regional attractions will be an important element of future planning efforts.” 8b(1) Pg. 4 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 5 Market - expand marketing and branding of Marina as the undisputed gateway to Fort Ord National Monument, Market & brand MARINA with Monument Attract – Attract visitors to Marina Equestrian Center, Jerry Smith Corridor, Comanche’s Grave, Fort Ord National Monument, 8th street and Giggling, Fort Ord Dunes State Park, Stilwell Hall Lookout, Roller Hockey Sports Center; Entrepreneurs “The Monterey peninsula is a world-class destination for recreation and the gift to the community of the Fort Ord landsis an opportunity to attract more people to our region, but we need to preserve access and the ability to link the Fort Ord lands to the places where visitors stay. Redevelop - Blight remediation to attract new employment-generating uses Preserve scenic/rec lands that fuel growth and quality of life Capture - every dollar, place shops and services in marina; not on the monument; create trailside amenities, a la Cannery Row Draw visitors in with “linear park” Marina is getting started! Embracing these findings; implementing a vision; Planning accordingly. First Step, Connect Marina - Paths for bicycle, pedestrian and equestrian uses constructed according to a full city master plan and connecting Marina’s parks, open spaces, and neighborhoods to National Monument; Fort Ord Dunes State Park; Monterey Bay Coastal Rec Trail; Our own city parks “The most important open-space connection” —Base Reuse Plan, 1997 A Vision for Marina To capitalize on this opportunity, Marina must review master planning documents with fresh eyes to develop new economic strategies. 8b(1) Pg. 5 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 6 Immediate Economic Gains - Marina secures a greater portion of the 3.3 million tourists to Monterey County each year - More tourists in Marina hotels/ motels, Longer stays in Marina, More diners in Marina restaurants, More purchases in Marina stores, More travelers in Marina gas stations More events in our open spaces & parks Marina secures a greater % of the $39.7 billion state and local taxes from outdoor recreation nationally —to fund our City services and projects. Longer-Term Gains - Marina is a destination in which to live, work & create industry Acting with vision and boldness today, City of Marina can and will be the preferred place to recreate, work, visit, and live on the Monterey Peninsula. Relax • Rejuvenate • Recreate in Marina Important date for public participation Fort Ord Reuse Authority Trail Symposium January 22, 2015 9:00 am at CSUMB. Dr. Fred Watson, CSUMB Professor Presentation: This is our 64th meeting in the last year and half just on the rec. trail and greenway, and met with 30 different stakeholder organizations, 68 individuals on primarily a 1 on 1 capacity or a public venue. The purpose of that is to try and come up with an idea that’s a win, win for all. That we understand the details of everybody’s desires and concerns and we seek ways to incorporate those and come up with an outcome. Described one of the core elements of the Fort Ord Rec. Trail and Greenway, which is a 13 mile loop around the City of Marina. Blue line is the Coastal Rec. Trail, which already exists that continues around to the other side of Reservation Road, across Blanco down to the Salinas River, around the back of the Airport and in the first phase the north side of Marina and the backside of Marina Station. The loop is a very important concept in trails, it connects together the things we know really well… the big parks in the region we know really well but it also connects together an number of assets in our region that most folks potentially don’t know about. Not far from the Equestrian Center is an old army bike trail it’s only about an eighth of a mile from Imjin surrounded by some trees right in the middle of an area that is pretty busy and will get busier when you build out Marina. Identifying these little spots and realizing how you can string them together if you think ahead and make sure we don’t accidently put a building on top of them. The Salinas River, the City of Marina owns the Salinas River Habitat Reserve. It’s the only public land short of a road crossing, between the ocean and the Salinas River National Wildlife Refuge and King City. King City built a pedestrian bridge right across the river so they could access both sides of it in a pedestrian capacity. So, this is a fantastic scenic, touch and feel open space access in the Salinas River itself within the City of Marina’s possession already. This is such an important part of our region, culturally that’s kind of ironic but that’s the case and we have the opportunity to correct that or at least get to the point where we can have this view as a public view that’s encouraged and facilitated and hopefully get to the point where we can have public access to the river itself. The motion that started this process of looking into what it would take to realize the greenway and rec. trail from 8th Street to Jerry Smith, that was January 28th of this year and in the motion it said to be delivered no later than March 15th and now we’re just getting the results of that now which is now out of date. The information upon which the report was based were constantly changing and the vision to accommodate different input and so it actually absolves that in action right here (showed two maps that illustrates how the vision has changed since what was given to the consultants back in January). 8b(1) Pg. 6 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 7 When we first put together the greenway vision we looked at that trail of open space link from the Base Reuse Plan and indicated that this was to be a big open space corridor and we drew a great big green corridor right across. As we became more aware of all the different things we want to do with this landscape, not just that trail of open space link it was realized that we can still achieve the greenway connectivity of the trail through the greenway, the open space pleasant feel of bringing a trail and what was also designated for that area which is commercial parcels of the General Plan and Public Facilities. We originally had that framed but we’re now looking for ways as to how we can achieve both. There is plenty of room for serious commercial development. So that’s the change in the plan as we meet with stakeholders between January and today. Similarly out at the Airport, we put a green stripe right across here (referring to slideshow map) when we first put together the vision but we became much more aware of the airport planning process which is happening right now as well. The airport planning process is looking at aviation development reserve here (referring to slideshow map), revenue support on a lot of the remaining land and we think and have been working very carefully with all the acreage and all of the climates to try and identify a way where you can still have green corridor through here (referring to slideshow map) that’s down to about 190 feet there, not 300 and leaves plenty of room for the aviation development and other forms of revenue support the city is pursuing. As time goes on we are finding more and more of the concerns and looking back to make fewer and fewer changes so we can kind of converge on to something stable. This slide is 3.6-3 of the Base Reuse Plan. The orange dotted lines are all hiker/biker trails. The dark orange lines are 12 foot wide paved hiker/biker trails and the light orange are 10 foot wide paved hiker/biker trails so they’re all in the base Reuse Plan. Lots of things on this map have changed and have been built out differently since the Base Reuse Plan was put together but the concept was there. It would be impossible to build out this exactly right now because we’ve already built things a little bit differently. But the concept is there to have these regional trails connecting through this landscape and we’re just folks who are trying figure out exactly how would that happen now given what’s happened since the Base Reuse Plan and the opportunities we have before us. In the first map, the 13 mile loop, it’s crucial to think about how folk can get from where they live and work in the developed part of Marina now and the soon to be much larger developed part of Marina. How’s anyone in this landscape going to go quickly get from their house or their place of work onto the trails? Within 5 minutes they’ll want to be experiencing recreation. We want to look at these short connections. We’re thinking California needs to have a nice Class One ideally class zero bike line connect through here. Bike lanes are classed 3, 2 and 1. Class 3 is a route that just has a sing on the road saying bikers can use this route with nothing physically there for them. Class 2 is a stripe on the road saying “cars you have to keep out of this bit because the bikers are in this lane. Class 1 is physical separation, so there might be a curb between the road and the bike. That’s as far as most urban bikeway planning guidelines go. None of them require any sense of peace of mind separation if you like. You can have a Class 1 bikeway that is 3 feet from busses going flying through and building not particularly nice to look at so we’re talking of the idea of a Class Zero being physically separate with typically 150 feet of open space on either side. That is what we’re calling Class Zero. The idea comes from difference between this back trail right next to Highway One and the new one on the State Park. We kind of inherited a bike trail from 20 years ago that’s right next to Highway One and when you’re on it, it feels stressful. When the State Park built the new one it’s only 150 feet further from the Highway but it’s a whole different ballgame that 150 feet is what we think the distance it takes to feel like you’re recreating and not commuting. There is plenty of opportunity. We’re thinking about an extension of 2 nd Avenue meeting up at Del Monte, plenty of room to have a bike lane next to that road. 8b(1) Pg. 7 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 8 We’re thinking about have a bike lane running through what is now the Cypress Knolls development and possibly at the top of Carmel going through Marina Heights. This is a perfect route to get to the Jerry Smith Corridor. We’ve met with the 6 major developers on the former Fort Ord (Marina Community Partners, the Chadmar Group, the new Del Rey Oaks developers and Monterey Peninsula Engineers) trying to understand their perspective. Planning Commissioner’s Comments: Commissioner Piper – Greenway is primarily for walking, biking and horses, it’s not a road. If I’m coming from another state why would I go out to the National Park? What is there? Is there any part of this that provides for picnicking or overnight camping or some reason an out-of-towner would actually go to the National Monument? Understands why a local would get on these greenways but does not understand how we’re incorporating tourism. Commissioner Furey – What are the dollars involved and what’s the payoff? Industries spring up to support the kinds of activities. To close our eyes and not imagine those things will come I think is just naïve. Several people here were at the forum that was sponsored through FORA and the University, the top urban planners in the country where they talked over and over about this sort of thing about not in my generation, not in most of the generation sitting in this room but the new generation. The people who go RV’ing like to ride their bikes and do recreational things. Again, cost is going to be something that’s going to be very important. What’s the template, what’s the plan for the future, where’s is this city heading and what’s its identity? Whether this is a part of that it’s something that the people who live here and people involved in the city owe the city and owe the city its future. To think a business wouldn’t spring up out of these opportunities is really dated thinking. Commissioner Turgen – Concerned that all the effective policy and documents, the infrastructure, the preparing of a new EIR, these were to be brought back in March and they are just now getting to Council. How long do you guys expect this to actually go? To get those documents I know how long the policy takes to change. We’re looking at years before this is even going to come to any type of fruition with the other stakeholders that are involved, the other EIR’s that are involved, the infrastructure just to get this planned. Has this been thought about? The PFIF Study on fees, $15,000 on fees for a single family residence, you’re not going to get one person to build a house. The fees are astronomical already. No city has a fee of that high on a single family residence. If you look at the numbers you have a commercial at $8,000 why would a single family residence have to pay $15,000? Concerned about the time and money that’s going to be spent to take care of the affected policies going forward. Mayor opened floor for public comments: Patti Bradshaw, Resident – Asked Council if Steve Emerson’s e-mail would be read as it has interesting information; Can we get the State Park’s to relax their rules related to beach use i.e. fires, dogs etc..? Did Jack Armstrong sit down to meet with Mr. Watson? Read e-mail from Steve Emerson which, expressed concerns about opening a variety of EIR’s, DDA’s and agreements with a multitude of agencies and private parties, including the City’s Master Plan which could lead to new and unneeded litigation that will cost hundreds of thousands of dollars. Harald Kelley, Fire Chief – Nice to hear whether or not the fire station get built or not it all depends on what happens with development but nice to hear the fire station could share space with the greenway. Notice that talk about the 8th street access to the State Beach Park but there is another access trail at the end of Dunes Drive, which I believe is the Monterey Regional Park district and maybe that loop could somehow connect at Dunes Drive. 8b(1) Pg. 8 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 9 Cheryl Swix, Resident – Continued to read e-mail from Steve Emerson – “If the purpose is to add more recreational possibilities for our residents, perhaps we should make the ones we have functional. We should work at delivering top shelf facilities and adequate staff to deliver on the promise of City government to the people that live within our community today. Once we can say we have delivered on that promise, then and only then, should we look at the type of proposal planned within these documents. Finally, there may well be some aspects of this proposal that could be worked into future agreements or other long term plans without the expense of time and monies this plan outlines. If they make sense overtime then they should be pursued. This is the wrong plan at the wrong time. I would urge the City Council and the Planning Commission to consider rejecting this proposal and consider a very different path that focuses on the things our community needs today. Let’s see a plan that outlines how we are going to get our parks, streets and buildings to the level the citizens of Marina expect, as well as our City departments adequately staffed and functioning efficiently. That is the proposal we should all ask to see from this City Council” Liz Billingsly, Resident – What does this cost the city? Where is the money coming from? Hopes it is not coming from the newly passed Measures. What specific economic benefit will we have from it? What direct sustainable revenue will this bring in? Who is leading this change and have you obtained buy in for all parties and agencies involved or are we to shoulder all of it? We do not have money for Police or Firefighters or for street repairs or clean up. Here we are getting involved in this, for what purpose? We have enough bicycle paths that are not being used; they ride on the side walk. I do not wish to have you all spend money on a pipe dream of one or two people. Our taxes are not to be used for this, but to have more Police and Firefighters and City personal that we are dire need of. We already spend $10,000.00 for what, to find out that this is just a dream? Repair the Streets we have, would have been better spend the $10,000.00 on maintenance. Wendy Elliot, The Dunes Project Director – Met with Fred and Gail and talked about this concept and we’re very excited that we actually have trail layouts through the Dunes that seem to jibe with what is being talked about here. Was a little alarmed when I saw the meeting materials; there were slides and bullet points about amending the Specific Plans, amending the Dunes EIR, going back and renegotiating our DDA, our Development Agreement, talking about road closures within the Dunes community. I stated this before and would like to reiterate that maybe a legal opinion about exactly what documents might need to be looked at, what the exposure or whatever comes out of this, what king of exposure that might open the city to vis-à-vis EIR’s and Development Agreements and DDA’s, Specific Plans etc… might be a good step to take along this path before you get too much further down it. It’s scary when you have an entitle project and then having new environmental work that may open the project up to additional review. Fred Watson, CSUMB Professor – Provided additional information to support the first comment that was made. We made a strong policy about meeting one on one with everybody as kind of the first point of contact. We did telephone Jack Armstrong and asked for material to be sent to him first. I will put together a set of maps to send to him as soon as this session is over. We would like to very much do whatever we can to avoid opening documents as much as possible. The Dunes project is the only entitle project that I’m aware of that through which the trail goes. Darious Rake, Resident – As a resident of Marina I see this type of trail system as being a real benefit to my quality of life. I do like to do outdoor recreation type activities and the closer to my house the better I feel it. As a cyclist I regularly travel to other communities to enjoy their trail systems and I spend money in those communities. 8b(1) Pg. 9 MINUTES for Joint Special Meeting of Thursday, November 20, 2014 Page 10 Planning Commission Recommendations: David Burnett - That Council gives direction that a study group or direct the Planning Commission to conduct public hearings/public meetings on the proposed greenbelt. That Council gives direction to staff to begin discussions resulting in public forum/public meetings to be conducted by the Planning Commission to get input on the discussion that we had tonight. I believe from tonight’s agenda – Discussion of Recreational Trails and Greenway Corridors and from that perhaps we could formulate a specific item that would then go back to Council to be considered and to give staff real direction. Mayor Delgado – So I wrote down that the Planning Commission would like to help facilitate the vision discussed tonight had hoes that City Council would direct staff to hold Planning Commission public meetings for input on tonight’s greenway trail and corridor system and then at that point the Planning Commission would hope to give staff more tangible direction or motions. Motion MORTON/O’CONNELL: THAT THE CITY COUNCIL: (1) SUPPORT THE CONCEPT SUBSTANTIALLY PRESENTED BY EXHIBIT C OF A TRAIL AND GREENWAY SYSTEM AND A PROCESS TO PROGRESS WITH THAT CONCEPT (2) INCLUSIVE OF CITY PARKS AND RESIDENTIAL AND THE CONNECTION TO THOSE (3) HOW THIS CAN BE DONE ON LANDS THAT THE CITY CONTROLS (4) THAT WE COME BACK WITH SOME DESIGN FEATURES SUCH AS WIDTHS OF DIFFERENT SEGMENTS (5) THAT WE PROPOSE THIS CONCEPT AS MARINA’S CONTRIBUTION TO THE FOR A URBAN DESIGN GUIDELINE PROCESS (6) THAT WE DIRECT STAFF TO WORK WITH FRED WATSON TO GET MORE REFINED MAPS THAT INCLUDE POTENTIAL TRAILS ACROSS CYPRESS KNOLLS, EDC PARCELS, MARINA EQUESTRIAN CENTER AND THE AIRPORT (7) THAT WE DIRECT STAFF TO TALK WITH FAA FOR TRAIL INCORPORATION TO APPROPRIATE PLANNING DOCUMENTS THAT FAA CONTROLS (8) THAT STAFF SEEKS EXPEDITIOUSLY AS APPROPRIATE ADDRESSING SOLUTIONS TO HABITAT MANAGEMENT TAKE FOR 5. ADJOURNMENT: 9:12 PM Anita Sharp, Deputy City Clerk ATTEST: Bruce C. Delgado, Mayor 8b(1) Pg. 10 Agenda Item: 8b(2) City Council Meeting of December 16, 2014 MINUTES Tuesday, December 2, 2014 5:30 P.M. Closed Session 6:30 P.M. Open Session REGULAR MEETING CITY COUNCIL, AIRPORT COMMISSION, MARINA ABRAMS B NON-PROFIT CORPORATION, MARINA JOINT POWERS FINANCING AUTHORITY AND SUCCESSOR AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY Council Chambers 211 Hillcrest Avenue Marina, California 1. CALL TO ORDER 2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) Nancy Amadeo, David W. Brown, Gail Morton, Mayor Pro-Tem/Vice Chair Frank O’Connell, Mayor/Chair Bruce C. Delgado 3. CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency Members) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers-Milias-Brown Act representative. a. Conference with Legal Counsel Existing Litigation, – (Paragraph (1) of subdivision (d) of Section 54956.9) – One case (1) Marina v. Fort Ord Reuse Authority b. Labor Negotiations i. Marina Employee Association ii. Marina Management Employees Association iii. Marina Public Safety Officers Association iv. Marina Public Safety Manager’s Association v. Marina Professional Firefighters Association vi. Department Directors 1. Community Development Director 2. Finance Director 3. Fire Chief 8b(2) Pg. 1 MINUTES for City Council Meeting of Tuesday, December 2, 2014 Page 2 4. Police Chief 5. Recreation and Cultural Services Director City Negotiators: Layne P. Long, City Manager and Employee Relations Officer c. Performance Evaluation, Unrepresented Employee – City Manager 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN CLOSED SESSION Rob Wellington reported out Closed Session: Council met at 5:30 as indicated on the agenda with regard to the three matters listed. With regard to agenda item 3a Existing Litigation – Council received information from its attorneys in the matter, gave general direction, no reportable action was taken. Agenda item 3b Labor Negotiations – Brief report by the city’s negotiator on a single matter of labor negotiations and that matter was continued over, no action was taken. Agenda item 3c Performance Evaluation of the City Manager – Council had discussion with the City Manager, no action was taken. 4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) 5. SPECIAL PRESENTATIONS: a. City Council consider adopting Resolution No. 2014-120, canvassing the November 4, 2014 General Municipal Election of the City of Marina and Measures E and F. MORTON/O’CONNELL: TO APPROVE RESOLUTION NO. 2014-120, CANVASSING THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION OF THE CITY OF MARINA AND MEASURES E AND F. 5-0-0-0 Motion Passes b. Swearing In of City Council Member-Elect Nancy Amadeo Council Member Elect Nancy Amadeo was sworn in by Deputy City Clerk Sharp c. Swearing In of City Council Member-Elect David W. Brown Council Member Elect David W. Brown was sworn in by Deputy City Clerk Sharp d. Swearing In of Mayor-Elect Bruce C. Delgado by Jane Parker, Monterey County Supervisor Mayor Elect Bruce C. Delgado was sworn in by Deputy City Clerk Sharp --RECESS FOR LIGHT REFRESHMENTS IN THE ROCKY HAN COMMUNITY CENTER--? 7:07 P.M. RECONVENE OPEN SESSION 8b(2) Pg. 2 MINUTES for City Council Meeting of Tuesday, December 2, 2014 6. Page 3 SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as permitted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council Gary Krissa, Resident – Commented about the intersection of Del Monte Avenue and Beach Road and the current dangers of night drivers running the stop sign at 40 mph. What is the long-term goal for this area? Can we at least get those blinking solar stop signs that are on General Jim Moore Blvd? It would make it safer. Terry Siegrist, Recreation Director – Christmas Tree Lighting Celebration this Friday at Vince DiMaggio Park starting at 6:00PM; Senior will be attending the Dickens Fair in Daily City; on Sunday, December 14th at 11:00 am. is the Annual Senior Christmas Dinner at the Community Center; December 10th – December 19th is the Youth Center Holiday Shopping where the youths can buy Christmas presents for their parents; December 19th from 12:00-5:00pm. is the field trip to Watsonville for the Santa Train; Youth Basketball Clinic (K-5) in December and January; PAL Junior High Basketball Program, application are now be accepted for the season starting January 10th through March 7th at CSUMB; December 5th from 6:00-9:00pm. is the field trip to the Hartnell Planetarium; Saturday, December 6th from 1:00-6:00 pm. is the field trip to San Jose for the K1Speed Cemter; High School Bon Fire on Saturday from 7:00-10:00pm; Sunday, December 7th from 2:00-4:00 is All-Skate at Water City and then from 4:00-6:00 pm the Teens will have a BBQ for National Pearl Harbor Day to honor al our Veterans. Council Member Amadeo – Access Monterey Peninsula has a new client, MPUSD and showing all their meetings on ampmedia.org as well as on Cable TV. Mayor Delgado – Thanked staff for setting up the food tables; Marina Volunteer Firefighters 14th Annual Toy Drive at Wal-Mart this Saturday and Sunday from 10:00am-5:00pm; Thanks to Santa for showing up; Marina Schools grade K-12 are all having holiday events, play and winter concerts from the beginning of this week through December 16th. Special meeting next week, December 9th 7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENGY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency. 8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. 8b(2) Pg. 3 MINUTES for City Council Meeting of Tuesday, December 2, 2014 Page 4 a. ACCOUNTS PAYABLE: (1) Accounts Payable Check Numbers 73143-73229 totaling $247,951.63 Wire transfers totaling: $76,069.68 b. MINUTES: (1) November 5, 2014, Regular City Council Meeting. (2) November 18, 2014, Regular City Council Meeting. c. CLAIMS AGAINST THE CITY: None d. AWARD OF BID: None e. CALL FOR BIDS: None f. ADOPTION OF RESOLUTIONS: (1) City Council consider adopting Resolution No. 2014-121, approving the acceptance of one (1) Zero F11.4 Electric Motorcycle through a grant awarded to the City of Marina by the Monterey Bay Unified Air Pollution Control District and; authorize the City Manager to execute the terms of the agreement on behalf of the City subject to final review and approval by the City Attorney, and; approve and accept the grant. g. APPROVAL OF AGREEMENTS: (1) City Council consider adopting Resolution No. 2014-122, approving Agreement/Memorandum of Understanding between City of Marina and City of Salinas for City of Marina participation in State of California, Office of Traffic Safety “Monterey and San Benito County AVOID the Twenty Campaign” program grant administered by City of Salinas Police Department, and; accept Office of Traffic Safety grant funds administered by the City of Salinas relative to reimbursement of costs and expenses incurred by City of Marina Police Department for participation in said program, and; authorize Finance Director to make necessary accounting and budgetary entries, and; authorize the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None i. MAPS: None j. REPORTS: (RECEIVE AND FILE): (1) Monterey-Salinas Transit, November 25, 2014 Newsletter (2) Monterey Regional Waste Management District, November 21, 2014 Highlights k. FUNDING & BUDGET MATTERS: None l. APPROVE ORDINANCES (WAIVE SECOND READING): None m. APPROVE APPOINTMENTS: None AMADEO/MORTON: TO APPROVE THE CONSENT AGENDA. 5-0-0-0 Motion Passes 8b(2) Pg. 4 MINUTES for City Council Meeting of Tuesday, December 2, 2014 9. Page 5 PUBLIC HEARINGS: a. City Council open public hearing and take testimony from public and adopt Resolution No. 2014-123, approving a Conditional Airport Use Permit for Marina Motorsports, Inc. to conduct non-aviation related motor sport activities on the south tarmac at the Marina Municipal Airport; and authorize City Manager to execute the Conditional Airport Use Permit on behalf of City, subject to final review and approval by City Attorney. THAT WE ADOPT RESOLUTION NO. 2014-123, APPROVING CONDITIONAL AIRPORT USE PERMIT FOR MARINA MOTOR SPOTS TO CONDUCT NON-AVIATION RELATED MOTORSPORTS ACTIVITIES ON THE SOUTH TARMAC AT THE MARINA MUNICIPAL AIRPORT, THAT WE ALSO MAKE A RECOMMENDATION LETTER THAT IS SENT TO THE FAA OUTLINING THE CONTRIBUTIONS MADE TO OUR ENTERPRISE FUND FROM THIS ACTIVITY, THE RENTAL COSTS BEING PAID; THAT WE ALSO EMPHASIZE IN THE LETTER THE EXPOSURE OF THE PUBLIC TO OUR AIRPORT AND AVIATION ACTIVITIES BY THE CONDUCTING OF THESE ACTIVITIES ON THE TARMAC AT THAT LOCATION; THAT WE CONTINUE TO IN OUR ADDRESSING THE RELOCATION OF THESE NON-AVIATION USES IN THE DEVELOPMENT OF OUR MASTER PLAN; THAT THE ACTIVITY IS NOT AN IMPEDIMENT TO THE CONTINUING PROCESSES OF AIRPORT AND AVIATION DEVELOPMENT HERE IN MARINA; AND THAT WE AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONDITIONAL AIRPORT USE PERMIT ON BEHALF OF THE CITY SUBJECT TO THE FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY; AND THAT WE SOLICIT A LETTER FROM SAM FARR’S OFFICE IN SUPPORT OF THIS MOTION. 5-0-0-0 Motion Passes Public Comments: Richard Ramsdell, San Jose Resident – Been auto crossing at Marina Airport for quite a few years. Supports motion. Stated if FAA declines this request the City has a binding document from the Army which gives you legal authority to continue auto crossing on the South Tarmac without the approval of the FAA. This document is called Restriction and Covenant to Restrict the Use of Property/Environmental Restriction, commonly known as the “CRUP”. Article 4, Section 4.01 Suitable Activities states “Commercial Recreation Facilities other than the Golf Course. John Moulton, Marina Motor Sport Treasurer and Event Chairman – Summarized some of the donations and expenses Marina Motor Sports contributes to the city for 2013-2014. In 2013 we had 73 events paying to the city $36,500; in 2014 we had 65 events for $39,000; we have a tentative schedule for 2015 of 69 events which would come to $41,400. We pay independent contractors to monitor traffic and clean up $66,000. We have donated over the last 2 years to groups peninsula wide $37,650 and to Marina $23,450. This is our economic impact with what we do out there. Bob McCaffrey, Marina Motor Sports President – In your letter you might utilize the funding you’re receiving or the rent you’re receiving from Marina Motor Sports specifically to offset maybe some losses in rents that you would have otherwise been receiving if we had a better economy with more airplanes. Not sure how the hangars are doing out there in terms of income but it seems to me that there might be some half empty buildings out there. If in order to be monetarily specific something that the FAA would respond too, possibly favorably, you might consider that. 8b(2) Pg. 5 MINUTES for City Council Meeting of Tuesday, December 2, 2014 Page 6 Mary Posey – Been auto crossing for 40 plus years and an avid motor sports participant. Since we’ve been auto crossing out at the Marina airport it’s been great. We’ve done a lot to really help with getting the kids off the street and participating in Illegal Street racing and giving them a place to play where it’s on a closed course against the clock, done legally. We provide a mentor program for young drivers and offer them some guidance to help them get better familiar with their car, be better drivers behind the wheel. We really don’t cause a lot of issues out there. The auto crossing is probably one of the safest forms of motor sports that we have today. Hopes the use permit goes through. Thank you for all you’ve done and what you can do for us in the future. b. City Council open public hearing and take testimony from public and adopt Resolution No. 2014-124, approving a Conditional Airport Use Permit for Monterey Bay Karters to conduct non-aviation related motor sport activity on the north tarmac at the Marina Municipal Airport; and authorize City Manager to execute the Conditional Airport Use Permit on behalf of City, subject to final review and approval by City Attorney. THAT WE ADOPT RESOLUTION NO. 2014-124, APPROVING A CONDITIONAL AIRPORT USE PERMIT FOR MONTEREY BAY KARTERS TO CONDUCT NONAVIATION RELATED MOTORSPORTS ACTIVITIES ON THE NORTH TARMAC AT THE MARINA MUNICIPAL AIRPORT, AND THAT WE WRITE A RECOMMENDATION LETTER TO FAA TO ACCOMPANY THE CITY’S PERMIT WHICH OUTLINES THE CONTRIBUTIONS TO THE ENTERPRISE FUND FROM THE ACTIVITY OF THE ORGANIZATION, THAT THIS EXPOSES THE PUBLIC TO AIRPORT AND AVIATION RELATED ACTIVITIES AND THAT WE’RE ADDRESSING THE CONCERNS OF RELOCATION IN OUR MASTER PLAN; AND THAT THESE OPERATIONS ARE NOT IMPEDIMENT TO THE CONTINUING PROCESSES OF AIRPORT AND AVIATION DEVELOPMENT; AND THAT WE SOLICIT A LETTER EITHER SIMULTANEOUSLY IN THE SAME LETTER FROM SAM FARR’S OFFICE; AND THAT WE AUTHORIZE THE CITY MANAGER TO EXECUTED THE CONDITIONAL AIRPORT USE PERMIT ON BEHALF OF THE CITY SUBJECT TO THE FINAL REVIEW AND APPROVAL OF THE CITY ATTORNEY. 5-0-0-0 Motion Passes Public Comments: Alan Freese, Monterey Bay Karters – Brought Council up to speed with regard to the connection with Sam Farr’s office, which also includes support for Marina Motor Sports activities at the Marina Airport. Regarding Monterey County Parks, Mike Ferry who was the Chief Park Ranger resigned and they have yet to replace him in his position. Kathleen Lee has been working with us with in parks but has gone very stagnant. We were privileged to become, in August part of the Airport Master Plan. We have some other people who have become involved as far as making this a full motor sport park. We have some really good people lined up for this project. At some point in the future we would like to sit down with staff to take it to the next step or see what the city would need best from us for these events. Alec Arago is quite confident that they (FAA) understand that things in Monterey County take time and as long as they see that we’re not just sitting on our hands doing nothing and trying to make real progress. Spoke about what FAA might grant to the city and possible runway extensions. Reiterated that they are painted with the same brush with Alec at his office even though the letters are addressed to me it encompasses Marina Motor Sports and I’m sure it would also encompass South Bay Consortium. They realize the benefits of all three entities out there, the money it brings to the economy. 8b(2) Pg. 6 MINUTES for City Council Meeting of Tuesday, December 2, 2014 Page 7 c. City Council open public hearing and take testimony from public and adopt Resolution No. 2014-125, approving a Conditional Airport Use Permit for South Bay Regional Public Safety Training Consortium to conduct non-aviation related public safety cadet and officer automobile training activities on south tarmac at the Marina Municipal Airport; and authorize the City Manager to execute the Conditional Airport Use Permit on behalf of the City, subject to final review and approval by City Attorney. Public Comments: Mark Magee, Golden Gate Chapter of the BMW Car Club – Run car control clinics, train 200 students throughout the Bay Area every year and have a teen clinic, focused on drivers between the ages of 16-21, that is open to the general public subsidized program. We target those young drivers whose often their own assessment of their ability assesses where they’re at in terms of skill level. We train then to raise their skill levels to deal with difficult situations. If the FAA is happy with safety related programs perhaps you could consider broadening this permit beyond that one entity to other entities that are teaching car control skills. MORTON/BROWN: TO APPROVE RESOLUTION NO. 2014-125, APPROVING A CONDITIONAL AIRPORT USE PERMIT FOR SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING CONSORTIUM TO CONDUCT NON-AVIATION RELATED PUBLIC SAFETY CADET AND OFFICER AUTOMOBILE TRAINING ACTIVITIES ON SOUTH TARMAC AT THE MARINA MUNICIPAL AIRPORT; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONDITIONAL AIRPORT USE PERMIT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY. 5-0-0-0 Motion Passes 10. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. 11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment. Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2014-126, authorizing the City Manager to purchase Pollution and Legal Liability (PLL) insurance coverage for the remaining former Fort Ord properties at a coverage lever of $ 1 million dollars; and authorize the City Finance Director to make necessary accounting and budgetary entries. Continued from November 18, 2014. MORTON/O’CONNELL: THAT WE PARTICIPATE FOR THE PURCHASE OF ONE MILLION ($1,000,000) OF COVERAGE IN THE POLLUTION AND LEGAL LIABILITY INSURANCE POLICY BEING PROCURED BY FORA EFFECTIVE FOR A TEN (10) YEAR PERIOD COMMENCING JANUARY 1, 2015. 5-0-0-0 Motion Passes Public Comments: None received 8b(2) Pg. 7 MINUTES for City Council Meeting of Tuesday, December 2, 2014 12. Page 8 COUNCIL & STAFF INFORMATIONAL REPORTS: a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Mayor Delgado – Next Mayor’s Association meeting is this Friday in Monterey. b. Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2. City Manager Long – Announced next Tuesday, December 9th will be a special study meeting on the Dunes Project and will be covering the overview of the different agreements to bring us to speed as to what is going on. Mayor Pro-Tem O’Connell – For the Christmas Tree Lighting, does that tree stay lit up every night during the holiday season? Driven up that street at night and have never seen it lit up after the opening night. Is there a timer that turns it on and off? Mayor Delgado - Comments about the sprinklers going full bore on Del Monte, between Reindollar and Carmel, right after a heavy rain. Can the water be turned off during the rainy times? Is the theater still moving forward? Asked the Council Members if they wanted to have a retreat in January. Council Member Brown – Commented that he needed to report to the Water Conservation Commission on what steps the city is taking to reduce water uses and if we are looking into getting sensors. 13. ADJOURNMENT: Meeting adjourned at 8:50 PM Anita Sharp, Deputy City Clerk ATTEST: Bruce C. Delgado, Mayor 8b(2) Pg. 8 December 1, 2014 Honorable Mayor and Members of the Marina City Council Item No. 8f(1) City Council Meeting of December 16, 2014 CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2014-, AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR 2014 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM’S STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) FOR FOUR (4) FULL TIME FIREFIGHTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY RECOMMENDATION: It is requested that the City Council: 1. Consider adopting Resolution No. 2014-, authorizing submission of grant application by the Marina Fire Department for 2014 Assistance to Firefighters Grant Program’s Staffing for Adequate Fire and Emergency Response (SAFER) for four (4) full time Firefighters; 2. Authorize the City Manager to execute the grant application on behalf of the City subject to final review and approval by the City Attorney. BACKGROUND: The Federal Emergency Management Agency (FEMA) U.S. Fire Administration Assistance to Firefighters Grant Program for SAFER provides grants to fire service agencies to provide financial assistance for firefighters staffing. The total amount allocated for FY 2014 is estimated to be $300 million dollars. The goal of the grant program is to assist local fire departments with staffing and deployment capabilities in order to respond to emergencies, assuring communities have adequate protection from fire and fire related hazards. In addition assist departments in an effort to meet the minimum staffing as defined in National Fire Protection Agency (NFPA) 1710 and 1720, as well as OSHA Respiratory standard 29 CFR 1910.134(g)(4)(ii). ANALYSIS: This grant program has three (3) priorities for financial assistance to help fire departments increase frontline firefighters. The priorities are: 1. Re-hiring laid off firefighters 2. Retention of firefighters who face imminent layoff and or filling positions vacated through attrition but not filled due to economic circumstances. 3. Hiring new firefighters Staff is recommending that the City Council consider approving submittal of grant application for grant funds for four (4) full time firefighters. While not required for a SAFER grant, it is preferable that the enhanced or restored staffing levels of all SAFER grantees should improve the safety of firefighters by ensuring all firstarriving apparatus are staffed with a minimum of four qualified personnel to meet OSHA Respiratory standard 29 CFR 1910.134(g)(4)(ii) who are capable of initiating the suppression response. 8f(1) Pg. 1 The department will be able to demonstrate that we have achieved more efficient responses and safer incident scenes; thereby insuring the community has improved protection from fire and fire-related hazards. Currently the fire department staffs two shifts with four personnel. One of the shifts is always at minimum staffing due to the FY 2014/2015 budget reductions where one vacant Firefighter position was not funded. Due to vacation, sick leave, training etc, daily staffing is maintained at the minimum level of one three-person engine company more often than not. This staffing model makes it very hard to meet the OSHA Respiratory standard 29 CFR 1910.134 (two in-two out rule) until automatic aid or mutual aid is received. If awarded the SAFER grant, the fire department will be able to maintain a minimum of four personnel on duty. When fully staffed a shift would have five (5) persons allowing for one twoperson company and one three-person company. However, at all times the fire department will be able to respond with four personnel meeting OSHA standard 1910.134. While the fire department engages in automatic aid, we are limited to how these agreements are implemented due to existing staffing. The additional firefighters would allow the department to expand and enhance those agreements improving the overall initial response to fire related emergencies. Mutual Aid requires a minimum of three personnel on an engine. With the department only staffing one engine most of the time, the department finds itself unable to reciprocate on many occasions. The added firefighters will improve our ability to participate in Mutual Aid improving the overall capabilities of the department. The key grant program conditions are as follows: There are no annual salary limits There is no prescribed cost share Grantees that are hiring firefighters do not have to commit to retaining SAFER-funded firefighters beyond the period of performance which is two years. However, no firefighter layoffs are permitted – or either SAFER-funded or non-SAFER firefighters during the grant’s period of performance. SAFER funding will pay 100 percent of the salary and benefit costs for newly hired firefighters (exclusive of overtime). The fire department will request that four (4) firefighter positions be funded at an estimated amount of $1,150,496. The requested funding will pay for the four (4) firefighters for two (2) years. There is no obligation to commit to retaining SAFER-funded firefighters beyond the period of performance which is two years. However, no firefighter layoffs are permitted – either SAFER-funded or non-SAFER firefighters during the grant’s period of performance. There is no grant match that will be required by the City of Marina. The total for this grant project is estimated to be $1,150,496 over a two year period of performance. FISCAL IMPACT: The fire department may retain a grant writer for assistance with the writing of the grant. The one-time cost would be $1,000. There are sufficient funds in the Fire Department FY 2014-2015 budget to cover this expense for submitting the grant application. 8f(1) Pg. 2 There will be additional costs that are not funded by the grant. These indirect costs are associated with the hiring of firefighters are related to the pre-employment process such as testing, physicals, background checks, uniforms and personal protective equipment. These expenses are estimated at a total of $18,000 that will need to be funded by the City to hire the newly appointed firefighters. However, should the City Council approve this request and the grant is awarded, anticipated notification will occur in late FY 2014-2015 or FY 2015-2016. Should the Fire Department receive the grant award the Fire Department will return to the City Council for consideration of approval to receive the grant, request the necessary appropriations, make any necessary budgetary adjustments and request authorization to begin the recruitment process. CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, ____________________________ Harald G. Kelley Fire Chief City of Marina REVIEWED/CONCUR: _____________________________ Layne P. Long City Manager City of Marina 8f(1) Pg. 3 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR 2014 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM’S STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) FOR FOUR (4) FULL TIME FIREFIGHTERS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY WHEREAS, the Federal Emergency Management Agency and the United States Fire Administration provides Assistance to Firefighters Grant Program to fire departments on an annual basis, and; WHEREAS, the purpose of the Staffing for Adequate Fire and Emergency Response (SAFER) program is to provide grants to fire service agencies to provide financial assistance for firefighter staffing, and; WHEREAS, the goal of the grant program is to assist local fire departments with staffing and deployment capabilities in order to respond to emergencies, assuring communities have adequate protection from fire and fire related hazards, and; WHEREAS, in addition, assist departments in an effort to meet the minimum staffing as defined in National Fire Protection Agency (NFPA) 1710 and 1720, as well as OSHA Respiratory standard 29 CFR 1910.134(g)(4)(ii), and; WHEREAS, the total amount allocated for FY 2014 is estimated at $300 million dollars, and; WHEREAS, SAFER funding will pay 100 percent of the salary and benefit costs for newly hired firefighters (exclusive of overtime), and; WHEREAS, the fire department will request that four (4) firefighter positions be funded at an estimated amount of $1,150,496, and; WHEREAS, the requested funding will pay for the four (4) firefighters for two (2) years, and; WHEREAS, there is no obligation to commit to retaining SAFER-funded firefighters beyond the period of performance which is two years. However, no firefighter layoffs are permitted – either SAFER-funded or non-SAFER firefighters during the grant’s period of performance, and; WHEREAS, if awarded this grant it will insure at all times the fire department will be able to respond with four personnel meeting OSHA standard 1910.134, and; WHEREAS, the fire department may retain a grant writer for assistance with the writing of the grant. The one-time cost would be $1,000. There are sufficient funds in the Fire Department FY 2014-2015 budget to cover this expense for submitting the grant application, and; WHEREAS, there will be additional costs that are not funded by the grant. These indirect costs are associated with the hiring of firefighters are related to the pre-employment process such as testing, physicals, background checks, uniforms and personal protective equipment. This expense is estimated to be $18,000 that will need to be funded by the City to hire the newly appointed firefighters, and; 8f(1) Pg. 4 Resolution No. 2014Page Two WHEREAS, should the City Council approve this request and the grant is awarded, anticipated notification will occur in late FY 2014-15; however no later than FY 2015-2016. Should the Fire Department receive the grant award the Fire Department will return to the City Council for consideration of approval to receive the grant, request the necessary appropriations, make any necessary budgetary adjustments and request authorization to begin the recruitment process. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby: 1. Authorize submission of grant application by the Marina Fire Department for 2014 Assistance to Firefighters Grant Program’s Staffing for Adequate Fire and Emergency Response (SAFER) for four (4) full time Firefighters, and 2. Authorize the City Manager to execute the grant application on behalf of the City subject to final review and approval by the City Attorney. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 16th day of December 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: ________________________ Bruce C. Delgado, Mayor _______________________________ Anita Flanagan, Deputy City Clerk 8f(1) Pg. 5 November 1, 2014 Honorable Mayor and Members of the Marina City Council Item No. 8f(2) City Council Meeting of December 16, 2014 CITY COUNCILCONSIDER ADOPTING RESOLUTION NO. 2014-, APPROVING REGULAR CITY COUNCIL MEETING SCHEDULE FOR 2015 CALENDAR YEAR. REQUEST: It is requested that the City Council consider: 1. Adopting Resolution No. 2014-, approving regular City Council meeting schedule for 2015 Calendar Year. BACKGROUND: The City Council meets regularly on the first and third Tuesdays of each month. In the 2015 calendar year, there are holidays observed by the City that would affect review of agenda packet information. Historically, City Council meetings scheduled for the Tuesday after a holiday have been rescheduled to the Wednesday following the holiday. This change in the regular schedule allows City Council members and the public an opportunity to ask questions of staff sufficiently in advance of attendance at a regular City Council meeting. In 2015, the holidays and special events that may affect agenda packet review include: New Years Day-Thursday January 1st; Martin Luther King Jr, Birthday-January 19th; Presidents DayFebruary 16th and August 4th National Night Out ANALYSIS: For the fair and efficient consideration of matters, to insure that the public is fully informed of the matters coming before the City Council, has an opportunity to witness the deliberations of the members of the City Council and further to encourage public involvement, the 2015 City Council meeting calendar is established and takes into consideration dates that may affect review of items to be discussed at the regularly scheduled City Council meeting. Due to the substantive demands related to review the City Council agenda packet by elected officials and to allow for an opportunity for the City Council and public to ask questions sufficiently in advance of attendance at a regular City Council meeting, the 2015 Calendar is proposed which includes rescheduling three (3) meeting dates (“EXHIBIT A”). 1. Regular meeting of January 6, 2015 Cancelled; 2. Regular meeting of January 20, to Wednesday, January 21, 2015; 3. Regular meeting of February 17 to Wednesday, February 18, 2015; 4. Regular meeting of Tuesday, August 4, to Wednesday, August 5, 2015 Rescheduling these meeting dates will allow the time necessary for questions and clarifications from the City Council and any interested parties. 8f(2) Pg. 1 As a matter of governance, the City holds City Council meetings and establishing the 2015 calendar in advance provides the City Council, staff and public advanced notice in regard to when the regular business of the City will be discussed. FISCAL IMPACT: None CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, _____________________________ Layne P. Long City Manager City of Marina 8f(2) Pg. 2 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING REGULAR MEETING SCHEDULE FOR 2015 CALENDAR YEAR WHEREAS, City Hall is closed on New Year’s Day, Thursday, January 1, Martin Luther King Jr. Day, January 19; Presidents Day, Monday February 16; and WHEREAS the Annual National Night Out Event is held on the first Tuesday of August, ; WHEREAS, Due to the substantive demands related to review of the City Council agenda packet by elected officials and to allow for an opportunity to ask questions of staff sufficiently in advance of attendance at a regular City Council meeting, the 2015 Calendar is proposed which includes rescheduling the regular meetings of: 1. Regular meeting of January 6, 2015 = Cancelled 2. Regular meeting of January 20, to Wednesday January 21, 2015; 3. Regular meeting of February 17, to Wednesday, February 18, 2015; 4. Regular meeting of August 4, to Wednesday, August 5, 2015 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Marina hereby approve the Regular Meeting schedule for 2015 Calendar Year (“Exhibit A”). PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16Th day of December 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: _____________________________ Bruce C. Delgado, Mayor ________________________________ Anita Flanagan, Deputy City Clerk 8f(2) Pg. 3 EXHIBIT A City of Marina 211 HILLCREST AVENUE MARINA, CA 93933 PH. 831. 884.1278; FAX 831.384.9148 www.ci.marina.ca.us MARINA CITY COUNCIL REGULAR MEETING SCHEDULE 2015 Tuesday, January 6, 2015 (Cancelled) ** Wednesday, January 21, 2015 Tuesday, July 7, 2015 Tuesday, July 21, 2015 Tuesday, February 3, 2015 **Wednesday, February 18, 2015 *** Wednesday, August 5, 2015 Tuesday, August 18, 2015 Tuesday, March 3, 2015 Tuesday, March 17, 2015 Tuesday, September 1, 2015 Tuesday, September 15, 2015 Tuesday, April 7, 2015 Tuesday, April 21, 2015 Tuesday, October 6, 2015 Tuesday, October 20, 2015 Tuesday, May 5, 2015 Tuesday, May 19, 2015 Tuesday, November 3, 2015 Tuesday, November 17, 2015 Tuesday, June 2, 2015 Tuesday, June 16, 2015 Tuesday, December 1, 2015 Tuesday, December 15, 2015 ** Regular Meeting rescheduled due to Monday Holiday *** Regular Meeting rescheduled due to National Night Out 8f(2) Pg. 4 December 2, 2014 Honorable Mayor and Members of the Marina City Council Item No. 8g(1) City Council Meeting of December 16, 2014 CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2014-, AUTHORIZING THE CITY’S RETIRED FIRE CHIEF, TO WORK ON A TEMPORARY BASIS DURING THE RECRUITMENT AND ORIENTATION OF THE FIRE CHIEF POSITION, AUTHORIZE THE CITY MANAGER TO EXECUTE THE PERSONNEL ACTION FORM ON BEHALF OF THE CITY RECOMMENDATION: It is recommended that the City Council: 1. City Council consider adopting Resolution No. 2014-, authorizing the City’s Retired Fire Chief to work on a temporary basis, and; 2. Authorize the City Manager to execute the Personnel Action Form on behalf of the City. BACKGROUND: The current Fire Chief will retire on December 27, 2014. The City has retained a third party to assist with the open recruitment process. However, with the holidays most likely will not have a prospective candidate starting until after the first of the year. The loss of the current incumbent could cause a lapse in Fire Chief duties and does not allow any orientation of the new Fire Chief. In addition, the Fire Department duty chief coverage would be left to one chief officer creating a significant hardship. Government Code section 7522.56 provides that a retiree is eligible for post-retirement employment 180 days following his or her retirement date. This requirement applies to retiree employment that begins after January 1, 2013. There are four exceptions to the 180 day wait period including, (a) firefighter or public safety officer (which status is determined in accordance with the definition set forth in CCR3 579.25) hired to perform a function or functions regularly performed by a public safety officer or firefighter, (b) Public agency or school employer provides a resolution certifying the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed; (c) State agency employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days has passed and submits the information to California Department of Human Resources (CalHR) to obtain approval; CalHR then provides the approval and documentation to CalPERS , and (d) the retiree participates in a qualifying California State Universities (CSU) Faculty Early Retirement Program (FERP). However, if a retiree receives a Golden Handshake or any other retirement-related incentive, the 180 day wait period applies without exception. Government Code Section 21221(h) allows the governing body of a public agency to appoint a retiree to work a vacant position during the recruitment to permanently fill the vacancy or during an emergency to prevent stoppage of public business. 8g(1) Pg. 1 Pursuant to Government Code section 7522.56 the City must provide CalPERS a certification resolution when hiring a retiree before 180 days has passed since the incumbents retirement date. In addition the employment agreement or Personnel Action Form must be reviewed by the governing body (“EXHIBIT A”). ANALYSIS: Due to the critical nature of the duties and responsibilities associated with the position of Fire Chief and the requirement to ensure that such are continued to be applied until a new, full-time replacement may be recruited, it is necessary and most efficient for the current incumbent, Harald Kelley to continue his duties on a temporary basis until recruitment and/or orientation is completed. CalPERS limits the employment to 960 hours per fiscal year. The duration of the contract position will be for (3) three months with a termination date of March 31, 2015. Should the recruitment process and transition take less the contract will be ended prior to March 31, 2015. Staff is recommending City Council’s approval of the proposed request to authorize the current Fire Chief to work on a temporary basis as Interim Fire Chief. FISCAL IMPACT: Should the City Council approve this request, there is adequate funding in the FY 2014-2015 Budget and is contained in the General Fund, Fire Department budget, Permanent Salaries Account No. 11.145.60110; this is a non-benefited position so there will be no necessary budgetary changes. CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, ______________________________ Catrina Scharf Human Resource Analyst City of Marina REVIEWED/CONCUR: _________________________ Layne P. Long City Manager City of Marina 8g(1) Pg. 2 RESOLUTION NO. 20014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING THE CITY’S RETIRED FIRE CHIEF TO WORK ON A TEMPORARY BASIS DURING THE RECRUITMENT AND ORIENTATION OF THE FIRE CHIEF POSITION, AUTHORIZE THE CITY MANAGER TO EXECUTE THE PERSONNEL ACTION FORM ON BEHALF OF THE CITY WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 27, 2015, and; WHEREAS, there are four exceptions to the 180 day wait period including, (a) firefighter or public safety officer (which status is determined in accordance with the definition set forth in CCR3 579.25) hired to perform a function or functions regularly performed by a public safety officer or firefighter, (b) Public agency or school employer provides a resolution certifying the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed; (c) State agency employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days has passed and submits the information to California Department of Human Resources (CalHR) to obtain approval; CalHR then provides the approval and documentation to CalPERS , and (d) the retiree participates in a qualifying California State Universities (CSU) Faculty Early Retirement Program (FERP). However, if a retiree receives a Golden Handshake or any other retirement-related incentive, the 180 day wait period applies without exception, and; WHEREAS, in compliance with Government Code section 7522.56 the City must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since the incumbents retirement date, and; WHEREAS, the current incumbent, Harald Kelley, will retire on December 27, 2014, and; WHEREAS, due to the critical nature of the duties and responsibilities associated with the position of Fire Chief and the requirement to ensure that such are continued to be applied until a new, full-time replacement may be recruited, it is necessary and most efficient for the current incumbent, Harald Kelley to continue his duties on a temporary basis until recruitment and/or orientation is completed, and; WHEREAS, section 7522.56 provides that this exception of the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; and, WHEREAS, the City of Marina and Harald Kelley certify that Harald Kelley has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the City hereby appoints Harald Kelley as an interim appointment retired annuitant to the vacant position of Fire Chief for the City of Marina under Government Code section 21221(h) effective December 29, 2014 WHEREAS, an appointment under Government Code section 2122(h) requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the current status of this recruitment is open and in process. The City has retained a third party to assist with the open recruitment process, however will not have a prospective candidate starting until after the first of the year, and; 8g(1) Pg. 3 Resolution No. 2014Page Two WHEREAS, this section 2122(h) appointment shall only be made once and therefore will end no later than March 31, 2015. WHEREAS, the entire Personnel Action Form between Harald Kelley and the City of Marina has been reviewed by this body and is attached herein (“EXHIBIT A”), and; WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar, and; WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum yearly base salary for this position is ($186,152) and the hourly equivalent is ($89.49), and the minimum yearly base salary for this position is ($109,046) and the hourly equivalent is ($52.43); and WHEREAS, the hourly rate paid to Harald Kelley will be $75.62, and; WHEREAS, Harald Kelley, will not receive any benefit incentive, compensation in lieu of benefit or other form of compensation in addition to his hourly pay rate. WHEREAS, sufficient funding is included in the FY 2014-15 budget and contained within the General Fund, Fire Department budget, and Salary accounts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby: 1. Certify the nature of the appointment of Harald Kelley as described herein and detailed in the attached appointment document, and that this appointment is necessary to fill the critically needed position of Fire Chief for the City of Marina by December 29, 2014 because of the critical duties and responsibilities associated with this position. 2. Authorize the City Manager to execute the Personnel Action Form on behalf of the City. PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on December 16, 2014, by the following vote: AYES, COUNCIL MEMBERS: NOES, COUNCIL MEMBERS: ABSENT, COUNCIL MEMBERS: ATTEST: _____________________________ Bruce C. Delgado, Mayor _______________________ Anita Flanagan, Deputy City Clerk 8g(1) Pg. 4 EXHIBIT A 8g(1) Pg. 5 December 3, 2014 Honorable Mayor and Members of the Marina City Council Item No: 8h(1) City Council Meeting of December 16, 2014 CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2014-, APPROVING REQUEST BY MARINA COMMUNITY PARTNERS LLC, TO RELEASE PORTION OF PERFORMANCE BOND FOR PUBLIC IMPROVEMENTS IN THE DUNES PHASE 1C AREA IN AMOUNT OF $998,261.08, ACCEPTING A SUBSTITUTE PERFORMANCE BOND SECURITY OF $100,000 FOR REMAINING STREET LIGHTS AND ELECTRICAL FACILITIES, AND AUTHORIZING CITY MANAGER TO EXECUTE RELEASE AGREEMENT ON BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY REQUEST: It is requested that the City Council consider adopting Resolution No. 2014-: 1. Approve request by Marina Community Partners LLC, to release portion of performance bond for public improvements in the Dunes Phase 1C area in the amount of $998,261. 2. Accept a substitute performance bond security of $100,000 for remaining street lights and electrical facilities, and; 3. Authorize the City Manager to execute the release agreement on behalf of the City subject to final review and approval by the City Attorney. BACKGROUND: At the regular meeting of August 5, 2008, the City Council adopted Resolution No. 2008-173, approving Public Improvement Agreement between City of Marina (City) and Marina Community Partners LLC (MCP), of Marina, California, to construct public improvements in the Dunes Phase 1C area. MCP, as required by the Public Improvement Agreement, filed with the City Clerk a performance bond in the amount of $1,098,261.08 to guarantee completion of public improvements for a portion of Phase 1C as described in the Agreement (“EXHIBIT A”). California Government Code Section 66499.7 provides for partial release of a performance bond when 80% or more of required improvements has been constructed. MCP has provided a list of work completed for the improvements for this agreement in the amount of $998,261.08 which is 91% of the amount of the performance bond for the portion of Phase 1C improvements as described in the Agreement. The estimated cost to complete the work on the remainder improvements is $100,000 for remaining street lights and electrical facilities. MCP has requested reduction of the performance bond to that amount. This reduction in performance security does not affect the security posted for payment of wages, subcontractors, project materials and equipment. The Labor & Materials Bond will remain in force in the amount of $1,098,261.08 until such time as any claims of lien are to be recorded and following acceptance of the work by the City. 8h(1) Pg. 1 ANALYSIS: MCP has submitted information showing improvements completed to date to be in the approximate amount of $998,261.08. Remaining work to be completed is shown to amount to $100,000 and requested the performance bond be reduced to that amount. The Acting City Engineer has confirmed that a substantial portion of the public improvements have been completed in conformance with the approved Improvement Plans and are ready for acceptance by the City upon completion of all the subdivision improvements. MCP shall provide substitute security in the amount of $100,000 in place of the original $1,098,261.08 in performance security. MCP has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanics lien claims. This request is submitted for City Council consideration to approve the request to reduce the performance security from $1,098,261.08 to $100,000 at the request of MCP. FISCAL IMPACT: There is no fiscal impact as City inspections have shown approximately $998,261.08 in improvements has been completed per approved plans and any failure to complete the public improvements are covered by the substitute security in the amount of $100,000. CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, ____________________________ Edrie Delos Santos Associate Engineer, Engineering Division Community Development Department City of Marina ____________________________ Nourdin Khayata, P.E. Acting City Engineer City of Marina REVIEWED/CONCUR: _____________________________ Christine di Iorio, AICP Community Development Director City of Marina _____________________________ Layne Long City Manager City of Marina 8h(1) Pg. 2 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING REQUEST BY MARINA COMMUNITY PARTNERS LLC, TO RELEASE PORTION OF PERFORMANCE BOND FOR PUBLIC IMPROVEMENTS IN THE DUNES PHASE 1C AREA IN AMOUNT OF $998,261.08, ACCEPT A SUBSTITUTE PERFORMANCE BOND SECURITY OF $100,000 FOR REMAINING STREET LIGHTS AND ELECTRICAL FACILITIES, AND AUTHORIZING CITY MANAGER TO EXECUTE RELEASE AGREEMENT ON BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY WHEREAS, at the regular meeting of August 5, 2008, the City Council adopted Resolution No. 2008-173, approving Public Improvement Agreement between City of Marina (City) and Marina Community Partners LLC (MCP), of Marina, California, to construct public improvements in the Dunes Phase 1C area. MCP, as required by the Public Improvement Agreement, filed with the City Clerk a performance bond in the amount of $1,098,261.08 to guarantee completion of public improvements for a portion of Phase 1C as described in the Agreement (“EXHIBIT A”), and; WHEREAS, California Government Code Section 66499.7 provides for partial release of a performance bond when 80% or more of required improvements has been constructed. MCP has provided a list of work completed for the improvements for this agreement in the amount of $998,261.08 which is 91% of the amount of the performance bond for the portion of Phase 1C improvements as described in the Agreement, and; WHEREAS, the estimated cost to complete the work on the remainder improvements is $100,000 for remaining street lights and electrical facilities. MCP has requested reduction of the performance bond to that amount, and; WHEREAS, this reduction in performance security does not affect the security posted for payment of wages, subcontractors, project materials and equipment. The Labor & Materials Bond will remain in force in the amount of $1,098,261.08 until such time as any claims of lien are to be recorded and following acceptance of the work by the City, and; WHEREAS, MCP has submitted information showing improvements completed to date to be in the approximate amount of $998,261.08. Remaining work to be completed is shown to amount to $100,000 and requested the performance bond be reduced to that amount, and; WHEREAS, the Acting City Engineer has confirmed that a substantial portion of the public improvements have been completed in conformance with the approved Improvement Plans and are ready for acceptance by the City upon completion of all the subdivision improvements, and; WHEREAS, MCP shall provide substitute security in the amount of $100,000 in place of the original $1,098,261.08 in performance security. MCP has provided an updated Title Report that shows that the bonds to be released are unencumbered by mechanics lien claims, and; WHEREAS, this request is submitted for City Council consideration to approve the request to reduce the performance security from $1,098,261.08 to $100,000 at the request of MCP, and; 8h(1) Pg. 3 Resolution No. 2014Page Two WHEREAS, there is no fiscal impact as City inspections have shown approximately $998,261.08 in improvements has been completed per approved plans and any failure to complete the public improvements are covered by the substitute security in the amount of $100,000, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby: 1. Approve request by Marina Community Partners LLC, to release portion of performance bond for public improvements in the Dunes Phase 1C area in the amount of $998,261.08, and; 2. Accept a substitute performance bond security of $100,000 for remaining street lights and electrical facilities 3. Authorize the City Manager to execute the release agreement on behalf of the City subject to final review and approval by the City Attorney. PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December, 2014, by the following vote: AYES, COUNCIL MEMBERS: NOES, COUNCIL MEMBERS: ABSENT, COUNCIL MEMBERS: ABSTAIN, COUNCIL MEMBERS: ATTEST: ____________________________ Bruce C. Delgado, Mayor _____________________________ Anita Flanagan, Deputy City Clerk 8h(1) Pg. 4 EXHIBIT A 8h(1) Pg. 5 8h(1) Pg. 6 8h(1) Pg. 7 8h(1) Pg. 8 8h(1) Pg. 9 8h(1) Pg. 10 8h(1) Pg. 11 8h(1) Pg. 12 8h(1) Pg. 13 8h(1) Pg. 14 8h(1) Pg. 15 8h(1) Pg. 16 8h(1) Pg. 17 8h(1) Pg. 18 8h(1) Pg. 19 8h(1) Pg. 20 8h(1) Pg. 21 8h(1) Pg. 22 8h(1) Pg. 23 Item No. 8j(1) December 1, 2014 Honorable Mayor and Members of the Marina City Council City Council Meeting of December 16, 2014 CITY COUNCIL TO CONSIDER RECEIVING BRIEF INFORMATIONAL REPORTS FOR PRIORITY PROJECTS AND PROGRAMS REQUEST: It is requested that the City Council consider receiving brief informational report for priority projects and programs BACKGROUND: It is important for the City to be kept abreast of the latest information regarding top priority projects and programs. Previously these items were discussed at the end of the City Council meeting agendas, which often resulted in a delay or cancelling of this reporting due to the length of the previous agenda items. Alternatively, this report is being provided under consent agenda as a means to ensure the reporting of this important information, and still allow comments and/or questions from the Council or public should this report be pulled from the consent agenda. ANALYSIS: LDS Church: o Southern portion of Cypress Knolls parcel (3rd & Hayes) o 19,999 sq/ ft facility o Design and Use Permit approved by PC August 28, 2014 o City Council approved Disposition and Development Agreement on November 18, 2014. o FORA Consistency Administrative Committee December 3, 2014; Board of Directors December 12, 2014 Cypress Knolls (Patton Park Housing): City staff completed a major clean up of property to take care of safety issues. Marina Heights Project: This developer is currently seeking a vertical builder for the 299 Phase 1 lots for which all infrastructure improvements are complete and are ready for vertical construction. Marina Station Project: Owners of Armstrong Ranch continue to respond to inquiries. Marina Business Center: City Council approved termination of agreement with University of California effective November 1, 2014. Current tenant leases will be transferred to University of California. Airport: Airport Master Plan: The second advisory committee meeting was held May 1, 2014; inventory of airport physical facilities, air traffic activity, socioeconomic data, and financial information underway; review of regional and airport area socioeconomic forecasts underway; preparation of general aviation demand forecasts underway; and preparation of airfield facility requirements underway. A public information open house was held on August 12, 2014. 8j(1) Page 1 Airport Business Park/MBEST Center Specific Plan Project: Project description is complete. An administrative draft of the Specific Plan was prepared and is under review by the City and UC staff. Next steps include coordination with FAA and environmental review of project. - Approximately 150 acre site (75 acres City of Marina, 19 acres business aviation reserve, 56 acres business park. - Approximately 75 acres University of California The Dunes Development: VA Clinic: o Veterans Affairs Marina Health Care Clinic $30M project o Foundation/steel superstructure underway o MCWD and PG&E working on utility easements o 3-story; approximately 150,000 sq. ft. facility located on 14.31 acres o Anticipated project completion date – Fall 2015 The Promontory (AMCAL) o AMCAL Promontory (Imjin Rd. & 8th St) –Adjacent to CSUMB. o Demolition of Building 4900 and other buildings o Construction of three, four-story purpose- buildings that would house 175 one-, two-, three- and four-bedroom dormitory units, for a total of 583 bedrooms. All buildings closed in and project is on schedule for completion in summer 2015. o 4,600 sq. ft community center o Computer lab/business center, clubhouse and fitness area o Located on ±8 acre parcel o Anticipated completion – Summer 2015 University Villages Housing Project: Completed. The project is a 108 affordable unit housing apartment complex for very low income individuals. o University Village Apartments (2nd & 9th St.) o $12M project. o 108 unit apartment complex and community center – waiting list o Very low-income households Cinemark: o Escrow closed August 22, 2014 o $5.8M project o Ground breaking – October 20, 2014 o Estimated construction start date – 1st quarter 2015 o Estimated opening Summer 2015 o Building permit not submitted to city o Anticipated up to 28,000 s.f. retail to be developed adjacent to the theater. Dunes Residential Housing: Shea Homes is currently mapping 156 Residential lots. Shea Homes submitted Master Building Plans for review on April 10, 2014 (Small Loy Alley Model and Duets Model). The Small Lot Alley (plans 1, 2, and 3) were approved on May 29, 2014. The Duets (plans 1, 2, 3 and 4) were approved on June 25, 2014. Shea Homes submitted 46 site plans for review on June 30, 2014 and is pending approval(s). Shea has submitted plans to construct six 6 model homes: 3 plans in 1 product type; 4 plans in 2nd product type. Visit thedunesonmontereybay.com for more information Springhill Suites (Marriott) Hotel Project: Location - 10TH & 2ND Ave.; on a 2.62 acre project site (APN’s 031-251-046 & 031-251-047) 8j(1) Page 2 Design Review Board approved project on October 15, 2014; Planning Commission for Conditional Use Permit for Type 48 Alcoholic Beverage Control License for hotel bar October 23, 2014. CDD received a site plan & grading plan Open anticipated Spring 2016 Project– 4 story hotel, 106 rooms 1,750 sq. ft. meeting room Hotel 67,328 sq. ft. Site and architectural design review approved by Planning Commission on (date); Conditional Use Permit for alcoholic beverage sales approved by Planning Commission Site and Architectural Design Review to FORA Administrative Committee and Board of Directors FORA Consistency for Conditional Use Permit Administrative Committee December 3, 2014; Information Report to Board of Directors December 12, 2014 Multi-Modal Corridor: On June 3, 2014 TAMC gave presentation; Council supported Option # 2 (8Th Street/2ND Avenue/Imjin Parkway) as preferred route. On November 20, 2014 a joint study meeting with the City Council and Planning Commission was held to continue the discussion regarding recreational trails and greenway corridors that started at last year’s City Council strategic visioning retreat. Final motion from City Council (8 elements): 1. Support concept substantially presented by Exhibit C of a trail and greenway system and a process to progress with that concept 2. Inclusive of city parks and residential and the connection to those 3. How this can be done on lands that the city controls 4. That we come back with some design features such as widths of different segments 5. That we propose this concept as Marina’s contribution for a Urban Design Guideline process 6. Fort Ord Recreational Trail Concept that we direct staff to work with Fred Watson to get more refined maps that include potential trails across Cypress Knolls, EDC parcels, Marina Equestrian Center and Airport 7. That we direct staff to talk with FAA for trail incorporation to appropriate planning documents that FAA controls 8. That staff seeks expeditiously as appropriate for addressing solutions to habitat management Rockrose Gardens (Interim/Lexington Ct.): The project is a two 2-story residential building and a 1story community building. Construction is completed on the 21 unit affordable housing project for adults with disabilites. A ribbon cutting ceremony is scheduled for December 5, 2014 at the site. Downtown Revitalization Junsay Oaks Apartments - The 47-unit senior apartments was fully entitled in April 2012. CHISPA has raised over $1.7MM in funds. Hampton Inn & Suites – 3-story, 90 room facility, on a 2-acre parcel, located at SW corner Beach Rd./ Reservation Road. Design and Conditional Use Permit approved by the Planning Comission. The project is 90 room/approximately 60,570 sq. ft. Waiting for developer to submit building permit application. Marina Beach Townhomes - (3033 – 3039 Marina Dr) – current SF residential structure and duplex • Replace with 17 new units plus legalization of 2 units • Environmental review in process 8j(1) Page 3 Capital Improvement Projects Reservation Road - Del Monte to Seacrest $252,350.00 CIP Completed Roadway Maintenance Project Reservation Road - Beach to Del Monte $2,549,600.00 CIP Completed Traffic Circles, Roadway and Pedestrian Improvements Reservation Rd - Seacrest to De Forest Ready to bid Roadway Maintenance Project (Overlay) $280,000.00 CIP Del Monte and Beach Intersection Design Intersection Improvement (traffic signal) $1,950,000.00 CIP Microenterprise Business Technical Assistance Program Accepting Applications Eligible Marina residents, entrepreneurs/existing Marina businesses Free workshops, training and counseling Business plans to help you grow Marketing strategies to help you sell Financial projections to help sustain success More information call City of Marina, Marilyn Lidyoff at 884-1211. KIDD Radio Towers in Locke Paddon Park: Buckley Communications is beginning the process to apply for a Coastal Development Permit to tear down and rebuilt the existing towers located in Locke Paddon Park. CalAm Slant Test Well Project: Sept. 3, 2014, Reso 2014-103 City Council denied CDP #2012-05 for slant test well project located at CEMEX’s Lapis Road Property. California Coastal Commission approved permission to drill a test well on CEMEX site. Waste and Recycling Franchise Agreement: The City Council approved the Green Waste Recovery Contract on August 19, 2014.This contract will commence in April 2015 CONCLUSION: This request is submitted for City Council consideration and possible action. ____________________________ Layne Long City Manager City of Marina 8j(1) Page 4 Agenda Item: 8j(2) City Council Meeting of December 16, 2014 Agenda Item: 8j(3) City Council Meeting of December 16, 2014 TRANSPORTATION AGENCY FOR MONTEREY COUNTY www.tamcmonterey.org HIGHLIGHTS December 3, 2014 DEPARTING BOARD MEMBERS HONORED FOR YEARS OF SERVICE The Board of Directors for the Transportation Agency for Monterey County honored two of its departing board members for their years of exemplary service. Departing Monterey City Councilmember, Frank Sollecito was recognized for being a tireless advocate for regional transportation needs during his eight years of service. He’s been a board member, as well as, a Board Chari, and has been the Vice-Chair of the Rail Policy Committee for four years. As Vice-Chair he was instrumental in helping to set policy to bring two rail services to Monterey County to help enhance mobility opportunities and lead to economic vitality for the region. In that same vein, Councilmember Sollecito has been a dedicated supporter of finding a solution to address concerns about safety and congestion on Highway 156. Also recognized for 15 years of service, was Supervisor Lou Calcagno. During his tenure he served as Board Chairperson in 2002 and 2010. As a Board member, Supervisor Calcagno was instrumental in building a coalition of support and funding for establishing Monterey-Salinas Transit service between the South County cities and Salinas, now known as Line 23; served as the champion for the US 101 Prunedale Improvement Project, persuading local and state decisionmakers to support a more modest, safety-focused project when the cost of the Prunedale Bypass became prohibitive, always assuring that community interests were respected throughout the design and construction of the project; represented the Transportation Agency before the California Transportation Commission and the State Department of Transportation, tirelessly advocating for funding for major highway safety improvements, including the State Route 1 at Salinas Road interchange, improvements to the interchange at US 101 and Airport Boulevard, and the US 101 interchange at San Juan Road. With gratitude for their service, the Board of Directors bid a fond farewell to Frank Sollecito and Lou Calcagno! PUBLIC HEARING FOR UNMET TRANSIT NEEDS The TAMC Board of Directors held a hearing to solicit public input to identify unmet transit needs in Monterey County. Anyone who knew of a need located where they live, work, go to school or even shop, was given the opportunity to express that need to the Board. The hearing was just one of several held annually to identify unmet transit needs in the county. Anyone who still wishes to express an unmet need can submit a comment in writing. The deadline to submit a comment is Saturday, January 31, 2015. Comments can be mailed to TAMC, ATTN. Virginia Murillo, 55-B Plaza Circle, Salinas, CA. 93901. Comments can also be emailed to: www.tamcmonterey.org/programs/elderly/UnmetTran.html. For more information, in English or Spanish, about unmet transit needs, contact Virginia Murillo at (831) 775-4415 or email her at virgina@tamcmonterey.org. THE COAST DAYLIGHT TRAIN PROJECT A presentation on the proposed Coast Daylight Train Project was presented to the Board of Directors by TAMC staff. The project is a proposed passenger rail service that would ultimately operate one daily round trip between San Francisco and Los Angeles along the coast. After the presentation, the Board opened a public hearing on the Coast Corridor Draft Program Environmental Impact Statement/Environmental Impact Report. The next public hearing on this project will be at 6 p.m. on December 9, 2014, during the King City Regular City Council Meeting, located in the City Council Chambers, City Hall, 212 South Vanderhurst Avenue, King City. Written comments can be mailed to TAMC, ATTN. Christina Watson, 55-B Plaza Circle, Salinas, 93901. Email comments can be sent to:prodgers@slocog.org. The deadline to submit a comment is January 7, 2015. HAPPY HOLIDAYS FROM TAMC As we near the end of the year 2014, the Transportation Agency for Monterey County wishes you a Merry Christmas and Happy New Year! May you have a safe and joyous holiday season! December 9, 2014 Honorable Mayor and Members of the Marina City Council Item No. 8j(4) City Council Meeting of December 16, 2014 CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2014-, RECEIVING AND FILING CITY OF MARINA AUDITED ANNUAL FINANCIAL REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2014 REQUEST: It is requested that the City Council: 1. Consider adopting Resolution No. 2014- receiving and filing City of Marina audited Annual Financial Reports for the fiscal year ended June 30, 2014. BACKGROUND: After each fiscal year, independent auditors examine and test the underlying controls, fiscal records and financial transactions from which the City’s Annual Financial Reports are prepared, and issue their opinion on the basic financial statements contained in the reports. The purpose of the audit is to determine whether, in the auditor's opinion, the financial statements present fairly in all material respects the City’s financial position and results of operations for the fiscal year; whether the City is in compliance with significant laws, regulations contracts and grants; and to evaluate the City's system of internal controls. ANALYSIS: The auditors, Mann, Urrutia, Nelson CPAs, issued unqualified (“clean”) opinion as of and for the year ended June 30, 2014, on the City of Marina financial statements dated December 8, 2014. (EXHIBIT A). The audit report states “In our opinion, the financial statements referred above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2014, and the respective changes in financial position and cash flows, where applicable, thereof, and the respective budgetary comparison statements for the general fund and the other major funds for the year then ended in conformity with accounting principles generally accepted in the United States of America.” In accordance with GASB Statement No. 34, the financial reports include: Management's Discussion and Analysis (MD&A); Basic Financial Statements (including Notes to Financial Statements); Required Supplementary Information; and Supplementary Information. The auditors' unqualified opinions on the City's 2013-14 financial statements are indicative of superior financial records, an accomplishment made possible through exceptional expertise, dedication and commitment to excellence on the part of Finance Consultant Richard B. Standridge, CPA and Finance Department staff, Accounting Technicians Monika Collier, Lily Suarez and Janet Villavisencio. FISCAL IMPACT: None 8j(4) Pg. 1 CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, _____________________________ Lauren Lai, CPA Finance Director City of Marina REVIEWED/CONCUR: _____________________________ Layne P. Long City Manager City of Marina 8j(4) Pg. 2 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA RECEIVING AND FILING THE CITY OF MARINA AUDITED ANNUAL FINANCIAL REPORTS FOR THE FISCAL YEAR ENDED JUNE 30, 2014 WHEREAS, after each fiscal year independent auditors examine and test the underlying controls, fiscal records and financial transactions from which the City’s Annual Financial Reports are prepared, and issue their opinion on the basic financial statements contained in the reports, and; WHEREAS, the purpose of the audit is to determine whether, in the auditor's opinion, the financial statements present fairly in all material respects the City’s financial position and results of operations for the fiscal year; whether the City is in compliance with significant laws, regulations contracts and grants; and to evaluate the City's system of internal controls, and; WHEREAS, the auditors, Mann, Urrutia, Nelson CPAs, issued unqualified (“clean”) opinion as of and for the year ended June 30, 2014, on the City of Marina's financial statements dated December 8, 2014, and; WHEREAS, the audit report states “In our opinion, the financial statements referred above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2014, and the respective changes in financial position and cash flows, where applicable, thereof, and the respective budgetary comparison statements for the general fund and the other major funds for the year then ended in conformity with accounting principles generally accepted in the United States of America,” and; WHEREAS, in accordance with GASB Statement No. 34, the financial reports include: Management's Discussion and Analysis (MD&A); Basic Financial Statements (including Notes to Financial Statements); Required Supplementary Information; and Supplementary Information, and; NOW, THEREFORE IT BE RESOLVED, that the City Council of the City of Marina: 1. Receive and file the City of Marina audited Annual Financial Reports (EXHIBIT A) for the fiscal year ended June 30, 2014. PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of December 2014, by the following vote: AYES, COUNCIL MEMBERS: NOES, COUNCIL MEMBERS: ABSENT, COUNCIL MEMBERS: ABSTAIN, COUNCIL MEMBERS: ATTEST: Bruce C. Delgado, Mayor Anita Flanagan, Deputy City Clerk 8j(4) Pg. 3 EXHIBIT A City of Marina, California Basic Financial Statements fiscal Year Ended June 30, 2014 8j(4) Pg. 4 CITY OF MARINA Basic Financial Statements Year Ended June 30, 2014 8j(4) Pg. 5 TABLE OF CONTENTS INTRODUCTORY SECTION Organizational Chart .......................................................................................................... 1 List of Elected and Appointed Officials ............................................................................... 2 FINANCIAL SECTION Independent Auditors' Report ........................................................................................... 3-4 Management's Discussion and Analysis ............................................................................ 5-12 Basic Financial Statements: Government-wide Financial Statements Statement of Net Position ............................................................................................. 13 Statement of Activities .................................................................................................. 14 Fund Financial Statements: Balance Sheet - Governmental Funds ............................................................................ 15 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position ................................................................................... 16 Statement of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds ..................................................................... 17 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities ..................... 18 Statement of Net Position - Proprietary Funds ................................................................ 19 Statement of Revenues, Expenses and Changes in Net Position - Proprietary Funds ............................................................................... 20 Statement of Cash Flows - Proprietary Funds ................................................................. 21-22 Statement of Fiduciary Net Position ................................................................................ 23 Statement of Changes in Fiduciary Net Position ............................................................. 24 Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General and Other Major Funds ................................. 25-26 Notes to Financial Statements ........................................................................................ 27-54 OTHER SUPPLEMENTARY INFORMATION 8j(4) Pg. 6 General Fund Combining Balance Sheet ........................................................................ 56 General Fund Combining Schedule of Revenues, Expenditures and Changes in Net Position ............................................................................................... 57 Non-major Governmental Funds Combining Balance Sheet ........................................... 58-59 Non-major Governmental Funds Combining Schedule of Revenues, Expenditures and Changes in Fund Balances........................................................................................... 60-61 Fiduciary Funds Combining Schedule of Net Position..................................................... 62 Fiduciary Funds Combining Schedule of Changes in Net Position ................................. 63 8j(4) Pg. 7 INTRODUCTORY SECTION 8j(4) Pg. 8 8j(4) Pg. 9 Recreation & Cultural Services Department Police Department Fire Department Community Development Department City Manager City Clerk Human Resources/ Risk Management Division Economic Development Division Administration Department City Attorney Mayor & City Council Airport Commission Successor Agency Abrams B Non-Profit Corporation Citizens of Marina City of Marina – Organization Chart Finance Department CITY OF MARINA, California Basic Financial Statements June 30, 2014 Elected Officials Mayor Mayor Pro Tem Council Member Council Member Council Member Bruce C. Delgado Frank O'Connell Nancy Amadeo David W. Brown Gail Morton Appointed Officials City Manager Acting City Clerk Finance Director Police Chief Fire Chief Community Development Director Recreation & Cultural Services Director Layne Long Anita Shepherd-Sharp Lauren Lai, CPA Edmundo Rodriguez Harald Kelley Christine diIorio Terry Siegrist Prepared By: Lauren Lai, CPA 2 8j(4) Pg. 10 FINANCIAL SECTION 8j(4) Pg. 11 8j(4) Pg. 12 8j(4) Pg. 13 8j(4) Pg. 14 • • • The fund financial statements focus on individual parts of the government, reporting the City’s operations in more detail than the government-wide statements. The governmental funds statements present general government services financed in the short term and balances available for future spending. Proprietary fund statements present financial information about Airport and Abrams B Housing activities, which the City operates and accounts for similar to a commercial business. Figure B. Major Features of the City's Government-wide and Fund Financial Statements Type of Statements Scope Required financial statements Accounting basis and measurement focus Type of asset/liability information Type of inflow/outflow information Government-wide Entire City (except fiduciary funds) including component unit Governmental Funds Activities of the City that are not proprietary or fiduciary Fund Statements Proprietary Fund Fiduciary Funds Activities the City Instances in which the City acts as fiduciary operates similar to private fid someone i i else's resources businesses: Municipal Airport for lf i Statement of net position Balance sheet Statement of net position Statement of activities Statement of revenues, expenditures & changes in fund balances Statement of revenues, expenses and changes in fund net position Statement of cash flows Accrual accounting and economic resources focus Modified accrual accounting and current financial resources focus Only assets expected to be used up and liabilities that come due during the year or soon thereafter; no capital assets included Accrual accounting and economic resources focus Accrual accounting and economic resources focus All assets and liabilities, both financial and capital, and short-term and longterm Revenues for which cash is received during or soon after the end of the year; expenditures when goods or services have been received and payment is due during the year or soon thereafter All revenues and expenses during year, regardless of when cash is received or paid All assets and liabilities, both short-term and longterm; the Agency's funds do not currently contain capital assets, although they can All revenues and expenses during year, regardless of when cash is received or paid All assets and liabilities, both financial and capital, short-term and long-term All revenues and expenses during year, regardless of when cash is received or paid Statement of fiduciary net position Statement of changes in fiduciary net position The financial statements also include notes that further explain and provide more detail about some of the information in the financial statements. The financial statements are followed by a section of required supplementary information that further explains and supports the financial statement information. Figure A demonstrates how required parts of this annual report are arranged and shows how they relate to one another. Figure B summarizes the major features of the City’s financial statements, including the portion of the City government they cover and the types of information they contain. The remainder of this overview section of management’s discussion and analysis explains the structure and contents of each of the statements. Government-wide Statements report information about the City as a whole using accounting methods similar to those used by private-sector companies. The statement of net position includes all of the government’s assets and liabilities. All of the current year’s revenues and expenses are accounted for in the statement of activities regardless of when cash is received or paid. The government-wide statements report the City’s net position and how it has changed. Net position, the difference between the City’s assets and liabilities (with respect to individual funds, this is commonly called ‘Fund Balance’), helps to measure the City’s financial health or position. Increases or decreases in the City’s net position might, but does not necessarily, indicate whether its financial health is improving or deteriorating. To properly evaluate the City’s overall health, one must also consider many nonfinancial factors such as the City Council’s policies, goals and objectives; management’s implementation plans; staffing levels; naturally-occurring changes in the City’s revenue base and non-discretionary cost structure; and the local, state and national economies. This means that, on their own, neither net position nor the general fund and other fund balances necessarily indicate the health of the City. Rather, these amounts reflect the City's commitment to maintain essential government services and programs at acceptable levels and to meet new needs as they arise. The general fund balance of more than $8.8 million equals about half of a full year's recurring revenues. 6 8j(4) Pg. 15 The government-wide financial statements of the City include Governmental activities. Most basic City services are included here, such as legislative, general government, public safety, public works, economic & community development, recreation and cultural services, capital and infrastructure improvements and long-term debt service. Taxes, licenses and permits, charges for services, fines and penalties, operating and capital grants, rents and investment earnings, and revenues from other governments finance these activities. For additional information on the City’s component units, see Note 1 in the City of Marina's Notes to Financial Statements. Fund Financial Statements provide detailed information about the City’s most significant (Major) funds, not the City as a whole. Funds are fiscal accounting entities that track specific revenues and expenditures. Management creates funds to segregate and manage resources to carry on specific activities or demonstrate that restricted resources are properly utilized. Some funds are mandated by law (Streets Fund); some by bond covenants (Debt Service); some by special agreement (Assessment District Maintenance Funds); and some to better manage discrete activities (Impact Fee Fund). The City employs the following types of funds: • Governmental - Most services are accounted for in governmental funds, focusing on (1) how cash and other assets that are readily convertible to cash flow in and out and (2) year-end balances available for spending. Governmental fund statements provide a detailed short-term view that shows the resources that can be spent in the near future on City programs. Because this information does not include the long-term focus of government-wide statements, management provides information to explain relationships among them. • Proprietary - Airport operations and Abrams B Housing, for which the City measures results of operations similar to a commercial activity, are reported in the Marina Municipal Airport and Abrams B Housing enterprise funds. Proprietary funds, like government-wide statements, provide long and short-term financial information. SUMMARY FINANCIAL ANALYSIS OF THE CITY AS A WHOLE Total net position of $95,091,826 at June 30, 2014 is detailed in Table 1. For management purposes, this information is presented differently than in the financial statements: internal balances are not eliminated, and deferred revenues have not been recharacterized as 'Deferred Inflows,' as such recharacterization would require restatement of FY 2012/13 information which would render it inconsistent with previous years' presentations. Total net position is, of course, the same in both presentations. Table 1 Net Position (in thousands, rounded) Governmental Business-type Activities Activities 2013 2014 2013 2014 Assets Current Assets Cash and Cash Equivalents Prepaid Expenses Internal Balances Other Receivables Fuel Inventory Total Current Assets Noncurrent Assets Long-term Notes & Loans Land, Bldgs & Equipment (Accumulated Depreciation) Total Noncurrent Assets Total Assets Total 2014 2013 18,588.4 12.0 15,414.0 2,551.7 36,566.1 17,103.6 6.0 13,802.1 2,738.1 33,649.8 5,147.9 533.0 100.7 86.6 62.6 5,930.8 5,344.5 1,086.9 169.1 28.3 64.6 6,693.4 23,736.3 545.0 15,514.7 2,638.3 62.6 42,496.9 22,448.1 1,092.9 13,971.2 2,766.4 64.6 40,343.2 508.3 60,050.9 -19,166.2 41,393.0 77,959.1 458.8 57,184.7 -17,694.9 39,948.6 73,598.4 85.0 69,750.5 -12,733.0 57,102.5 63,033.3 85.0 69,736.6 -11,686.4 58,135.2 64,828.6 593.3 129,801.4 -31,899.2 98,495.5 140,992.4 543.8 126,921.3 -29,381.3 98,083.8 138,427.0 Liabilities Current Liabilities Accounts Payable Accrued Liabilities Unearned Revenue Deposits & Other Liabilities Internal Balances Total Current Liabilities Long-term Liabilities Notes Payable Unavailable Revenue Leases Payable Bonds Compensated Absences Total Long-term Liabilities Total Liabilities 1,755.9 1,713.8 104.3 313.9 2,048.4 5,936.3 1,407.4 1489.0 91.8 354.6 169.1 3,511.9 72.5 337.2 35.7 27.0 13,466.3 13,938.7 87.0 332.5 4.8 17.0 13,802.1 14,243.4 1,828.4 2,051.0 140.0 340.9 15,514.7 19,875.0 1,494.4 1,821.5 96.6 371.6 13,971.2 17,755.3 2,013.1 164.5 22,575.0 1,273.0 26,025.6 31,961.9 1,938.7 234.4 23,720.0 1,297.5 27,190.6 30,702.5 13,938.7 14,243.4 2,013.1 164.5 22,575.0 1,273.0 26,025.6 45,900.6 1,938.7 234.4 23,720.0 1,297.5 27,190.6 44,945.9 Net Position 45,997.2 42,895.9 49,094.6 50,585.2 95,091.8 93,481.1 Net Investment in Capital Assets Restricted Unrestricted Total Net Position 20,295.1 7,082.6 18,619.5 45,997.2 18,664.8 6,790.5 17,440.6 42,895.9 43,551.3 5,543.3 49,094.6 45,577.7 5,007.5 50,585.2 63,846.4 7,082.6 24,162.8 95,091.8 64,242.5 6,790.5 22,448.1 93,481.1 7 8j(4) Pg. 16 Government Accounting Standards Board (GASB) Statement No. 54 establishes categories of ending fund balance in Governmental Funds. 'Restricted' fund balances are balances of funds whose resources can only be used for purposes '...stipulated by constitution, external resource providers, or through enabling legislation'; for example, bond indentures and Gas Tax Laws. GASB claims the new categories enhance the usefulness of net position measurements by disclosing the extent to which a government must observe constraints imposed on the use of resources reported in governmental funds and the extent to which resources are available for discretionary purposes. Since most governmental funds contain resources that are limited in some fashion to a specific use, a significant portion of year-end fund balance is classified as 'Restricted' even though those resources are available for exactly the purpose for which they were obtained, rendering the GASB's classification scheme more obfuscating than illuminating. Changes in net position. (Table 2) • REVENUES Governmental Funds revenues, excluding intra/interfund transfers, for 2013/14 increased by about $4.4 million from the previous year, to $24 million from $19.6 million. The largest increases occurred in: one-time property sales, $1.1 million; development impact fees, $2 million; property taxes $0.4 million. Transient Occupancy, motor vehicle (Gas) and sales taxes each increased by about $0.2 million from the previous year, while other on-going revenues increased across-the-board largely due to an expanding economy. Total City-wide governmental fund revenues of $24 million included $5.1 million in property taxes and property taxes in-lieu of motor vehicle taxes; $8.0 million charges for services (costs passed along directly to the users who benefitted directly from services such as rents, fees, licenses, permits, special assessments and cost reimbursements); $1.2 million grants and donations; $0.9 million gas taxes: $4.6 million sales taxes; $2.2 million transient occupancy; $0.7 million franchise taxes; and $1.3 million in miscellaneous revenues. Enterprise operating revenues remained fairly stable from the prior year. • COSTS Governmental Fund costs, excluding inter/intra-fund transfers, for 2013-14 were $23.5 million, up $1.9 million from $21.6 million for FY 2012/13. Public improvements - infrastructure and other long-term projects, accounted for $1.2 million of this increase, and the remaining $0.7 million was due to normal fluctuations in operating activities. Of the total $23.5 million, Public Safety (police, fire, animal control) accounted for $10.2 million, or 43.5%; Public Works $2.7 million or 11.4%; Public Improvements $3.2 million or 13.5%; debt service (excludes accrued bond interest) $2.3 million or 9.5%; Economic & Community Development $1.8 million or 7.6.%; Recreation $1.1 million or 4.5%. General Government (administration & Planning) expenditures amounted to about $2.2 million or 10.0% of the total. Enterprise costs remained essentially the same as the previous year. Table 2 Change in Net Position (in thousands, rounded) Governmental Business-type Activities Activities 2014 2013 2014 2013 Total 2014 2013 Revenues Program Revenues: Charges for Services Program Income General Revenues: Taxes Other Revenues Transfers In 6,625.0 2,608.5 4,115.9 1,920.7 4,163.8 - 3,889.3 - 10,788.8 2,608.5 8,005.2 1,920.7 13,403.8 1,352.8 2,974.4 12,370.0 845.0 3,454.9 5.9 4.8 6.9 121.6 13,403.8 1,358.7 2,979.2 12,370.0 851.9 3,576.5 Total Revenues 26,964.5 22,706.5 4,174.5 4,017.8 31,139.0 26,724.3 Expenditures General Government Public Safety Planning Economic Development Recreation Public Works Public Improvements Debt Service Enterprise Operations Transfers Out Total Expenditures 2,333.3 10,209.2 734.2 1,066.6 1.080.2 2,686.1 3,153.5 2,256.0 2,433.4 25,952.5 2,609.5 9,690.3 432.3 1,048.7 898.4 2,590.1 2,076.4 2,238.0 3,014.8 24,598.5 4,491.0 545.8 5,036.8 4,179.2 561.7 4,740.9 2,333.3 10,209.2 734.2 1,066.6 1,080.2 2,686.1 3,153.5 2,256.0 4,491.0 2,979.2 30,989.3 2,609.5 9,690.3 432.3 1,048.7 898.4 2,590.1 2,076.4 2,238.0 4,179.2 3,576.5 29,339.4 Revenues Over (-)under Expenditures Net Position Beginning Prior Period Adjustment Capital Asset Contributions Net Capital Assets incr(decr) Debt (increase)decrease Net Position Ending 1,012.0 42,895.9 1,394.8 694.5 45,997.2 -1,892.0 44,844.5 -686.7 630.1 42,895.9 -862.3 50,585.2 -628.3 49,094.6 -723.1 51,308.3 149.7 93,481.1 -628.3 1,394.8 694.5 95,091.8 -2,615.1 96,152.8 -686.7 630.1 93,481.1 8 50,585.2 8j(4) Pg. 17 GENERAL FUND BUDGET HIGHLIGHTS The General Fund budget was revised during the year in response to program changes, in accordance with procedures established by the City Council when it adopted the original budget, as set forth in Table 3. Actual General Fund revenues were slightly greater than the final budget by $0.6 million, a negligible variance. Although slight functional variances existed, general fund expenditures varied immaterially from the amended budget. Table 3 General Fund Budget Changes & Actual-Budget Comparison (in thousands, rounded) Council Approved Amendments Budget as Amended 11,484.4 490.3 185.2 50.0 2,994.3 1,854.2 175.7 -2.0 -2.7 871.3 -643.7 11,660.1 488.3 182.5 50.0 3,865.6 1,210.5 11,619.6 445.5 195.7 23.6 4,644.1 1,101.0 -40.5 -42.8 13.2 -26.4 778.5 -109.5 17,058.4 398.6 17,457.0 18,029.5 572.5 2,540.0 10,462.5 953.4 862.1 1,814.5 16,632.5 66.5 148.7 188.0 45.2 266.0 714.4 2,606.5 10,611.2 1,141.4 907.3 2,080.5 17,346.9 2,393.6 10,698.8 1,004.4 912.7 2,022.2 17,031.7 212.9 -87.6 137.0 -5.4 58.3 315.2 425.9 -315.8 110.1 997.8 887.7 595.4 -114.8 480.6 520.0 39.4 1,021.3 -430.6 590.7 1,517.8 927.1 Budget as Adopted Favorable (-)Unfavorable Variance Actual Revenues Taxes Licenses & Permits Fines & Penalties Investment Earnings Chrgs for Svcs/Program Rev Other Revenues Total Revenues Expenditures General Government Public Safety Economic/Community Develop Recreation Public Works Total Expenditures Revenues Over(Under) Expenditures Net Interfund Transfers In(Out) Revenues Over(Under) Expenditures, Transfers & Other Financing Sources CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets As of June 30, 2014, the City has almost $130 million capital assets including land, equipment, vehicles, buildings, improvements, infrastructure, rental housing and airport facilities. (See Table 4). The City’s 2014/15 budget provides for various public improvements. Additional capital expenditures might be approved by the City Council during the 2014/15 fiscal year. Many costs will be provided by federal, state and other grants. Additional information about the City’s capital assets is presented in the notes to financial statements. Table 4 Capital Assets (in thousands, rounded) Governmental Business-type Activities Activity 2013 2014 2013 2014 Land Buildings and Improvements Vehicles & Equipment Infrastructure Totals at Historical Cost Accumulated Depreciation Net Capital Assets 1,751.0 35,105.9 6,241.3 16,952.7 1,751.0 35,105.9 6,238.5 14,089.3 36,900.0 32,666.7 183.8 - Total 2014 2013 36,900.0 32,652.8 183.8 - 38,651.0 67,772.6 6,425.1 16,952.7 38,651.0 67,758.7 6,422.3 14,089.3 60,050.9 57,184.7 69,750.5 69,736.6 129,801.4 126,921.3 -19,166.2 40,884.7 -17,694.9 39,489.8 -12,733.0 57,017.5 11,686.4 58,050.2 -31,899.2 97,902.2 -29,381.3 97,540.0 Long Term Debt At year-end the City had slightly more than $24 million in bonds, capital leases and compensated absences (vested benefits payable to employees) outstanding, as shown in Table 5. No new long-term debt was incurred during 2013/14, and $1,239,349 9 8j(4) Pg. 18 was paid against pre-existing long-term debt. Compensated absences decreased by $24,471 as a result of employees earning slightly less compensable time off than they used. Table 5 Long-term Debt (in thousands, rounded) Governmental Business-type Activities Activities 2013 2014 2013 2014 Bonds Payable Leases Payable Compensated Absences Total Long-Term Debt 22,575.0 164.5 1,273.1 24,012.6 23,720.0 234.4 1,297.5 25,251.9 - - Total 2014 2013 22,575.0 1645 1,273.1 24,012.6 23,720.0 234.4 1,297.5 25,251.9 ECONOMIC FACTORS AND NEXT YEAR’S BUDGET On November 2, 2010, Marina voters approved two tax measures, temporarily raising the transient occupancy tax rate from 10% to 12% and also temporarily increasing the sales tax rate by 1%, for the purpose of preserving funds for general city services such as police, fire, street repair, parks maintenance and recreation and community programs. On November 4, 2014, by a 73% to 27% margin, Marina voters approved Measure E, eliminating the termination date of the temporary transient occupancy tax rate increase, and permanently setting the rate at 12%. Also on November 4, 2014, by a margin of 77% to 23%, voters approved Measure F which extended the temporary 1% sales tax for an additional ten years, scheduling the additional 1% tax to expire on March 31, 2026. Various economic and fiscal indicators were considered, and numerous assumptions necessarily made, when adopting the 2014/15 general fund budget. Amounts available for appropriation for general fund purposes in the 2014/15 budget include an estimated 2013/14 fund balance carry-forward of $7.9 million, and projected 2014/15 revenues of $17.0 million. Budgeted expenditures for 2014/15 total $17.4 million. If 2014/15 revenues and expenditures are realized as budgeted, the fund balance available for City’s General Fund purposes will decline by about $0.4 million, to $8.4 million at June 30, 2015 (actual beginning fund balance of $8.8 million larger than budget estimate of $7.9 million). If, during the remainder of fiscal 2014/15 it becomes sufficiently clear that budgeted revenues and/or expenditures should be adjusted, the City Council will adopt additional budget amendments. While the City and Agency have made great progress with the dissolution of the Marina Redevelopment Agency, as chronicled below, there remains uncertainties regarding future tax increment financing and Agency obligations. On December 29, 2011, the California Supreme Court upheld Assembly Bill 1X 26 (“the Bill”) that provides for the dissolution of all redevelopment agencies in the State of California. This action impacted the reporting entity of the City of Marina that previously had reported a redevelopment agency within the reporting entity of the City as a blended component unit. The Bill provides that upon dissolution of a redevelopment agency, either the city or another unit of local government will agree to serve as the “successor agency” to hold the assets until they are distributed to other units of state and local government. After enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the State of California cannot enter into new projects, obligations or commitments. Subject to the control of a newly established oversight board, remaining assets can only be used to pay enforceable obligations in existence at the date of dissolution (including the completion of any unfinished projects that were subject to legally enforceable contractual commitments). In future fiscal years, successor agencies will only be allocated revenue in the amount that is necessary to pay the estimated annual installment payments on enforceable obligations of the former redevelopment agency until all enforceable obligations of the prior redevelopment agency have been paid in full and all assets have been liquidated. The Bill directs the State Controller of the State of California to review the propriety of any transfers of assets between redevelopment agencies and other public bodies that occurred after January 1, 2011. If the public body that received such transfers is not contractually committed to a third party for the expenditure or encumbrance of those assets, the State Controller is required to order the available assets to be transferred to the public body designated as the successor agency by the Bill. Management believes, in consultation with legal counsel, that the obligations of the former redevelopment agency due to the City are valid enforceable obligations payable by the successor agency trust under the requirements of the Bill. The City’s position on this issue is not a position of settled law and there is considerable legal uncertainty regarding this issue. It is reasonably possible that a legal determination may be made at a later date by an appropriate judicial authority that would resolve this issue unfavorably to the City. In a letter dated October 9, 2013, the California Department of Finance (DOF) ordered the City of Marina Successor Agency (Agency) to remit to the County Auditor-Controller $1,286,116, determined by the Department to be unencumbered funds in accordance with Health and Safety code Section 34170.6(f). The City disputed, and continues to dispute the Department’s determination of the amount of unencumbered funds and currently has pending a lawsuit against the Department on this matter. On November 22, 2013, to avoid threatened legal action, the Agency remitted $583,719 to the Monterey County AuditorController in partial payment of the amount demanded by DOF. In letters dated October 30, 2013 and November 22, 2013, the 10 8j(4) Pg. 19 Agency reiterated its non-waiver of constitutional, statutory, legal, and equitable rights and expressly reserved any and all rights, privileges, and defenses available under law and equity. The lawsuit filed by the Agency against DOF remains pending. As a result of the litigation, the Court decided the Agency may retain $586,326, which was derived from land sale proceeds and previously transferred to the General Fund. Additionally, the DOF issued a revised letter dated May 22, 2014 in which DOF ordered the Agency to remit to the County Auditor-Controller $633,263 (comprised of $583,719 prior payment to County Auditor Controller, $51,160 disallowable transfer, -$1,616 reconciliation of beginning balances). On November 6, 2014, the Agency remitted the final payment of $49,544. In conclusion, the DOF issued a letter dated November 12, 2014 stating the DOF has completed the Finding of Completion for the City of Marina Successor Agency. Pursuant to Health and Safety Code (HSC) section 34179.7, the DOF has verified that the Agency has made full payment of the amounts determined under HSC section 34179.6, subdivisions (d) or (e) and HSC section 34183.5. Furthermore, within the DOF Finding of Completion, the Agency may now do the following: • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC section 34191.4 (b) (1). Loan repayments will be governed by criteria in HSC section 34191.4 (a) (2). • Utilize proceeds derived from bonds issued prior to January 1, 2011 in a manner consistent with the original bond covenants per HSC section 34191.4(c). CONTACTING THE CITY’S FINANCIAL MANAGEMENT This financial report is intended to provide citizens, taxpayers, customers, creditors, stakeholders and other interested parties with an overview of the City’s finances, and to demonstrate the City’s accountability for the money it receives and the resources it manages. Questions about this report and requests for additional financial information should be addressed to the City of Marina, Finance Department, 211 Hillcrest Avenue, Marina, California, 93933. 11 8j(4) Pg. 20 BASIC FINANCIAL STATEMENTS 8j(4) Pg. 21 CITY OF MARINA Statement of Net Position June 30, 2014 Governmental ASSETS Business-type Activities Cash and Investments $ Cash (Restricted) Prepaid Expenses Accrued Receivables $ 1,664,734 $ 21,166,928 2,569,357 12,000 532,966 544,966 2,551,693 86,611 2,638,304 - 62,599 62,599 13,365,590 Notes & Loans Receivable Totals 3,483,146 904,623 Inventory Internal Balances (net) Activities 17,683,782 (13,365,590) - 508,340 85,000 593,340 1,750,963 36,900,000 38,650,963 39,133,691 20,117,573 59,251,264 Capital Assets: Land Other Capial Assets, Net of Depreciation Total Capital Assets TOTAL ASSETS 40,884,654 57,017,573 $ 75,910,682 $ $ 1,755,881 $ 97,902,227 49,567,039 $ 125,477,721 72,523 $ 1,828,404 LIABILITIES Accounts Payable Other Accrued Payables 411,304 337,230 748,534 Accrued Interest Payable 238,581 - 238,581 Other Post Employment Benefits 1,063,880 - 1,063,880 Deposits And Other Liabilities 313,883 26,951 340,834 Unearned Revenue 104,274 35,705 139,979 L Long-Term T Li biliti Liabilities: D Due Witi Witin O One Y Year Due in More Than One Year TOTAL LIABILITIES $ 1,106,849 1 106 849 - 1 1,106,849 106 849 22,905,730 - 22,905,730 27,900,382 $ 472,409 $ 28,372,791 418,846 $ - $ 418,846 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue-State of CA SB-90 Claims $ Unavailable Revenue-CDBG Business & Home Loans Unavailable Revenue-Interfund Loans TOTAL DEFERRED INFLOWS 264,627 - 264,627 1,329,631 - 1,329,631 $ 2,013,104 $ - $ 2,013,104 $ 20,295,121 $ 43,551,275 $ 63,846,396 NET POSITION Net Investment in Capital Assets Restricted For: Debt Service Public Improvements 903,656 - 903,656 5,229,054 - 5,229,054 Recreation and Grant-Funded Programs 668,703 - 668,703 Public Works 281,134 - 281,134 18,619,528 5,543,355 24,162,883 Unrestricted TOTAL NET POSITION $ 45,997,196 $ 49,094,630 $ 95,091,826 The notes to financial statements are an integral part of this statement -13- 8j(4) Pg. 22 CITY OF MARINA Statement of Activities Year Ended June 30, 2014 Program Revenues Charges Operating Grants Capital Grants Expenses/ for Services & and and Expenditures Program Revenue Contributions Contributions Operating Functions/Programs Governmental Activities: 2,916,551 $ 2,857,217 Public Safety 10,600,203 $ 848,336 466,587 - Public Works 2,757,413 $ 905,055 - - General Government $ $ 6,526 $ - Economic & Community Development 1,791,747 $ 3,390,067 - - Recreation & Cultural Activities 1,232,087 $ 179,949 28,780 - Public Improvements Debt Service (Interest & Admin Costs) Total Governmental Activities $ 765,115 $ 60,905 - 658,007 1,030,828 $ 1,063,287 - - 21,093,944 $ 9,304,816 $ 501,893 $ 658,007 Business-type Activities: Marina Municipal Airport 2,011,068 1,197,768 - - Abrams B NonProfit Corporation 2,479,941 2,965,994 - - Total Business-type Activities Totals 4,163,762 4,491,009 $ 25,584,953 $ 13,468,578 $ 501,893 $ General Revenues: Sales Tax Property Tax Transient Occupancy Tax Franchise Tax Transfers from Proprietary Funds (net) Investment Earnings Other General Revenues Total General Revenues Change in Net Position Special Item- Sale of Real Property Net Position - Beginning of Year Prior Period Adjustment Net Position - End of Year The notes to financial statements are an integral part of this statement -14- 8j(4) Pg. 23 658,007 Net (Expense) Revenue and Changes in Net Position Governmental Business-type Activities Activities $ (52,808) $ - Total $ (52,808) (9,285,280) - (9,285,280) (1,852,358) - (1,852,358) 1,598,320 - 1,598,320 (1,023,358) - (1,023,358) (46,203) - (46,203) 32,459 - 32,459 $ (10,629,228) $ - $ (10,629,228) - (813,300) (813,300) - 486,053 486,053 $ (10,629,228) (327,247) $ 4 588 760 4,588,760 (327,247) (327,247) $ - (10,956,475) 4 588 760 4,588,760 4,595,756 - 4,595,756 2,154,023 - 2,154,023 - 726,548 726,548 541,031 (541,031) 0 23,541 5,941 29,482 32,055 - 32,055 $ 12,661,714 $ (535,090) $ 12,126,624 $ 2,032,486 $ (862,337) $ 1,170,149 1,068,800 - 1,068,800 42,895,910 50,585,226 93,481,136 $ 45,997,196 (628,259) $ 49,094,630 (628,259) $ 95,091,826 -14- 8j(4) Pg. 24 CITY OF MARINA Balance Sheet Governmental Funds June 30, 2014 Major Funds ASSETS General Cash and Investments $ Cash (Restricted) Impact Fee 7,251,381 $ 4,308,485 57 - Prepaid Expenditures 12,000 - Accrued Receivables 2,057,338 1,619 Due from Fiduciary Funds 243,713 - Due from Other Funds (Short-term Cash Flow Loans) 226,648 - 75,000 - Advances to Other Funds Notes Receivable - TOTAL ASSETS - $ 9,866,137 $ 4,310,104 $ 1,165,294 $ - LIABILITIES Accounts Payable Other Accrued Payables 411,305 - - - Deposits and Other Liabilities 313,884 - Unearned Revenue 102,434 - Due to Other Funds (Short Term Cash Flow Loans) Advances From Other funds (Long Term) 50,000 TOTAL LIABILITIES - $ 2,042,917 $ - $ 418,846 $ - DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - State of CA SB-90 Claims Unavailable Revenue - CDBG Business & Home Loans - - Unavailable Revenue - Interfund Loans - - TOTAL DEFERRED INFLOWS $ 418,846 $ 545,361 $ - FUND BALANCES (DEFICITS) Nonspendable $ - Restricted 180,782 4,310,104 Committed 200,000 - - - Assigned Unassigned 6,478,231 - TOTAL FUND BALANCE $ 7,404,374 $ 4,310,104 TOTAL LIABILITIES, DEFERRED INFLOWS AND FUND BALANCE $ 9,866,137 $ 4,310,104 The notes to financial statements are an integral part of this statement -15- 8j(4) Pg. 25 Abrams B Bonds City Capital Debt Service $ Projects - $ Non-major Total Governmental Governmental Funds 4,259,034 $ Funds 1,864,883 $ 17,683,783 109,955 - 794,610 904,622 - - - 12,000 - 40,613 452,125 2,551,695 - - - 243,713 - - - 226,648 12,136,667 1,329,631 - 13,541,298 - - 264,627 264,627 $ 12,246,622 $ 5,629,278 $ 3,376,245 $ 35,428,386 $ - $ 372,329 $ 218,259 $ 1,755,882 - - - 411,305 - - 277,355 277,355 - - - 313,884 - - 1,840 104,274 - 75,000 $ - $ 447,329 $ - $ $ $ - 125,000 497,454 $ 2,987,700 - - $ 418,846 - - 264,627 264,627 12,136,667 1,329,631 - 13,466,298 12,136,667 $ - $ $ 1,329,631 $ - $ 264,627 $ - $ 14,149,771 545,361 109,955 - 2,481,706 7,082,547 - 3,852,318 134,711 4,187,029 - - - - - - (2,253) 6,475,978 $ 109,955 $ 3,852,318 $ 2,614,164 $ 18,290,915 $ 12,246,622 $ 5,629,278 $ 3,376,245 $ 35,428,386 -15- 8j(4) Pg. 26 CITY OF MARINA Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Position June 30, 2014 Fund Balance - Total Governmental Funds $ 18,290,915 Amounts reported for governmental activities in the statement of net assets are different because: Long-term Accounts Receivable are treated as Deferred Inflows in Governmental Funds, but as revenue in the Statement of Net Position 12,136,666 Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds: General Capital Assets $ Less: Accumulated Depreciation 60,050,866 (19,166,212) 40,884,654 Long-term liabilities, accrued unmatured bond interest & OPEB Unfunded Annual Required Contribution are not due and payable in the current period, and therefore are not reported in the funds: Compensated Absences (1,273,047) (1 273 047) Bonds Payable (22,575,000) Accrued Bond Interest Payable (238,581) OPEB Unfunded Annual Required Contribution (1,063,880) Capital Leases (164,531) Net Position of Governmental Activities (25,315,039) $ 45,997,196 The notes to financial statements are an integral part of this statement -16- 8j(4) Pg. 27 CITY OF MARINA Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds Year Ended June 30, 2014 Major Funds General Impact Fee REVENUES Taxes $ 12,065,087 $ - Fines and Penalties 195,743 Licenses & Permits 444,470 - Investment Earnings 23,597 7,257 4,295,004 2,635,206 32,054 - Charges for Services, Grants & Other Program Revenues Other General Revenues Total Revenues - $ 17,055,955 $ 2,642,463 $ 2,333,193 $ - EXPENDITURES General Government Public Safety 10,209,287 Public Works 1,983,541 - Economic & Community Development 1,324,932 - Recreation & Cultural Services - 891,308 - - 2,006 Debt Service - Principal Retirement 485,000 - Debt Service - Interest and Other Debt Service Costs 131,754 - Public Improvements T t l Expenditures Total E dit $ 17 17,359,015 359 015 $ 2 2,006 006 (303,060) $ 2,640,457 655,679 $ EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES $ OTHER FINANCING SOURCES (USES) Interfund Transfers In $ Interfund Transfers (Out) (108,270) Total Other Financing Sources(Uses) $ Special Item - Sale of Real Property 547,409 102,310 (1,988,219) $ (1,885,909) 1,068,800 - EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES OVER(UNDER) EXPENDITURES, OTHER USES & SPECIAL ITEM $ FUND BALANCES - BEGINNING OF YEAR 1,313,149 $ 6,091,225 FUND BALANCES - END OF YEAR $ 7,404,374 754,548 3,555,556 $ 4,310,104 The notes to financial statements are an integral part of this statement -17- 8j(4) Pg. 28 Major Funds Abrams B Bonds City Capital Debt Service $ Projects - $ - - - $ Non-major Governmental Total Governmental Funds Funds 1,338,759 $ 13,403,846 - 195,743 - - - 444,470 31 - 7,402 38,287 822,823 388,545 588,973 8,730,551 - 58,460 17,818 108,332 $ 822,854 $ 447,005 $ 1,952,952 $ 22,921,229 $ - $ - $ - $ 2,333,193 - - - 10,209,287 - - 702,555 2,686,096 - - 475,858 1,800,790 - - 188,964 1,080,272 - 2,930,191 221,299 3,153,496 335,000 69,878 325,000 1,214,878 484,351 5,698 419,279 1,041,082 $ 819 351 819,351 $ 3 3,005,767 005 767 $ $ 3,503 $ (2,558,762) $ - $ 2,078,219 $ $ $ - (158,126) $ - $ 3,503 $ 109,955 (638,669) $ 92,352 $ (132,914) $ (40,562) $ 3,852,318 (420,565) $ 2,614,164 -17- (597,865) 2,928,560 541,031 1,068,800 $ 3,034,729 $ 23 23,519,094 519 094 (2,387,529) - 4,490,987 $ $ (380,003) - 106,452 $ 1,920,093 2 2,332,955 332 955 1,011,966 17,278,949 $ 18,290,915 8j(4) Pg. 29 CITY OF MARINA Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended June 30, 2014 Net Change in Fund Balances - Total Governmental Funds $ 1,011,966 (revenues and other financing sources in excess of expenditures and other financing uses) Amounts reported for governmental activities in the Statement of Activities is Different Because: Capital outlay is an expenditure in the government funds financial statements, but the costs of those assets is allocated over their estimated useful lives as depreciation expense in the Statement of Activities. Capital Asset Acquisitions Net of Dispositions $ Depreciation Expense 2,952,249 (1,557,402) 1,394,847 Principal portion of Notes Receivable payments are recorded as revenues in governmental funds, but the payment reduces an asset in the Statement of Net Position: Note Principal Payments Received (335,831) Repayment of long-term debt principal is an expenditure in the government funds financial statement, but the repayment reduces long-term liabilities in the statement of net position. Compensated absences reduce net position but are not included in governmental funds liabilities. Accrued unpaid bond interest & OPEB Unfunded Annual Required Contribution reduces net position but are not recorded as governmental funds expenditures Repayment of General Long-term Debt Principal, Net of New Debt OPEB Unfunded Annual Required Contribution $ 1,214,878 (219,300) Decrease in Compensated Absences Liability 24,471 Decrease in Accrued, Unpaid Bond Interest 10,255 Change in Net Position of Governmental Activities 1,030,304 $ 3,101,286 The notes to financial statements are an integral part of this statement -18- 8j(4) Pg. 30 CITY OF MARINA Statement of Net Position Proprietary Funds June 30, 2014 Airport Abrams B Operating Housing Fund Fund Total ASSETS Cash and Investments $ 908,645 $ 2,574,501 $ 3,483,146 Cash (Restricted) - 1,664,734 1,664,734 Prepaid Expenses - 532,966 532,966 Accrued Receivables 79,772 6,839 86,611 Due from Other Funds (Cash Flow Loans) 50,708 - 50,708 Inventory 62,599 - 62,599 135,000 - 135,000 Advances to Other Funds Capital Assets, net Total Assets 45,595,428 11,422,145 57,017,573 $ 46,832,152 $ 16,201,185 $ 63,033,337 $ 71,428 $ 1,095 $ 72,523 LIABILITIES Accounts Payable Accrued Payables 6,538 330,692 337,230 Unearned Revenue 35,705 - 35,705 Deposits & Other Liabilities 26,951 - 26,951 Advances from Other Funds Total Liabilities - 13,466,298 13,466,298 $ 140,622 $ 13,798,085 $ 13,938,707 $ 45,595,428 $ (2,044,153) $ 43,551,275 NET POSITION Net Investment in Capital Assets Unrestricted Total Net Position 1,096,102 $ 46,691,530 4,447,253 $ 2,403,100 5,543,355 $ 49,094,630 The notes to financial statements are an integral part of this statement -19- 8j(4) Pg. 31 CITY OF MARINA Statement of Revenues, Expenses and Changes in Net Position Proprietary Funds Year Ended June 30, 2014 Airport Abrams B Operating Housing Fund Fund Total OPERATING REVENUES Rental Income $ Aviation Fuel Sales 793,972 $ 359,836 Other Income $ - 30,000 Total Operating Revenues 2,919,524 3,713,496 359,836 46,470 76,470 $ 1,183,808 $ 2,965,994 $ 4,149,802 $ 271,134 $ - $ 271,134 OPERATING EXPENSES Salaries and Benefits Services and Supplies 234,432 562,200 796,632 - 483,297 483,297 Cost of Sales - Aviation Fuel 304,367 - 304,367 Repairs and Maintenance 367,101 1,048,179 1,415,280 56,106 72,862 128,968 - 44,739 44,739 Interest Expense Utilities Taxes Depreciation and Amortization 777,927 Total Operating Expenses $ OPERATING INCOME (LOSS) $ 2,011,067 (827,259) 268,665 1,046,592 $ 2,479,942 $ $ 486,052 $ $ 3,498 $ 4,491,009 (341,207) NONOPERATING REVENUES (EXPENSES) Investment Earnings $ Contributed Capital Interfund Transfers In Interfund Transfers Out 2,443 13,960 - 13,960 4,800 - 4,800 (128,638) Total Nonoperating Revenues (Expenses) NET INCOME (LOSS) (417,193) (545,831) $ (107,435) $ (413,695) $ (521,130) $ (934,694) $ 72,357 $ (862,337) NET POSITION - BEGINNING OF YEAR 47,626,224 Prior-Period Adjustment 2,959,002 - NET POSITION - BEGINNING OF YEAR RESTATED $ 46,691,530 50,585,226 (628,259) 47,626,224 NET POSITION - END OF YEAR 5,941 (628,259) 2,330,743 $ 2,403,100 49,956,967 $ 49,094,630 The notes to financial statements are an integral part of this statement -20- 8j(4) Pg. 32 CITY OF MARINA Statement of Cash Flows Proprietary Funds Year Ended June 30, 2014 CASH FLOWS FROM OPERATING ACTIVITIES Airport Abrams B Operating Housing Fund Receipts from Customers $ 1,169,519 Payments to Suppliers (974,594) Payments to Employees (269,275) Net Cash Provided (Used) by Operating Activities Fund $ Total 2,965,763 $ (2,285,529) 4,135,282 (3,260,123) - (269,275) $ (74,350) $ 680,234 $ 605,884 $ (50,708) $ - $ (50,708) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Loans to Other Funds Transfers (To) From Other Funds (net) (123,838) Net Cash Provided (Used) by Noncapital Financing Activities (417,193) (541,031) $ (174,546) $ (417,193) $ (591,739) $ 119,135 $ (335,831) $ (216,696) $ 119,135 $ (335,831) $ (216,696) $ 2,443 $ CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Principal Payments on Advances (to)from other Funds Net Cash Provided (Used) by Capital and Related Financing Activities CASH FLOWS FROM INVESTING ACTIVITIES Investment Earnings Net Increase (Decrease) in Cash $ Cash - Beginning of Year (127,318) $ 1,035,963 Cash - End of Year $ 908,645 3,498 $ (69,292) $ 4,308,527 $ 4,239,235 5,941 (196,610) 5,344,490 $ 5,147,880 (continued) The notes to financial statements are an integral part of this statement -21- 8j(4) Pg. 33 CITY OF MARINA Statement of Cash Flows (Continued) Proprietary Funds Year Ended June 30, 2014 Airport Abrams B Operating Housing Fund Fund Total Reconciliation of Operating Income (Loss) to Net Cash Provided (Used) by Operating Activities: Operating Income (Loss) $ (827,259) $ 486,052 $ (341,207) Adjustments to Reconcile Operating Income to Net Cash Provided (Used) by Operating Activities: Depreciation Expense 777,927 268,665 1,046,592 Change in Assets and Liabilities: Prepaid Expenses - Accounts Receivable (55,227) Inventory 2,016 Accounts & Accrued Payables (12,745) Unearned Revenue & Deposits 40,938 Net Cash Provided (Used) by Operating Activities $ (74,350) (74,358) (74,358) (3,084) (58,311) - 2,016 106 (12,639) 2,853 $ 680,234 43,791 $ 605,884 (concluded) The notes to financial statements are an integral part of this statement -22- 8j(4) Pg. 34 CITY OF MARINA Statement of Fiduciary Net Position Fiduciary Funds June 30, 2014 Successor Agency to Redevelopment Agency ASSETS Cash and Cash Equivalents $ Prepaid Expenses 977,379 12,113 Accrued Receivables 309 Long-Term Receivable - State of California 510,000 Capital Assets - Land 900,000 Total Assets $ 2,399,801 $ 3,563 LIABILITIES Accounts Payable Accrued Payables 192 Due to City of Marina Funds 328,713 Bonds Payable: Due within One Year 20,000 Due in More Than One Year 490,000 Total Liabilities $ 842,468 $ 529,210 $ 1,028,123 DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes Received in Advance NET POSITION (Held in Trust for Successor Agency to the Marina Redevelopment Agency) The notes to financial statements are an integral part of this statement -23- 8j(4) Pg. 35 CITY OF MARINA Statement of Changes in Fiduciary Net Position Fiduciary Funds Year Ended June 30, 2014 Successor Agency to Redevelopment Agency ADDITIONS Property Taxes (Including DOF True-Up Adjustment) $ Investment Earnings 1,272,603 2,172 Property Tax In-Lieu 29,139 Net Assets Received on Dissolution of Redevelopment Agency 39,501 Total Additions $ 1,343,415 $ 1,654,370 DEDUCTIONS ROPS Payments: Programs Costs Legal & Professional Fees 41,649 Employee Costs 102,287 Occupancy & Operating Costs 117,005 Total Deductions $ Change in Net Position $ NET POSITION - BEGINNING OF YEAR 1,915,311 (571,896) 1,600,019 NET POSITION - END OF YEAR $ 1,028,123 The notes to financial statements are an integral part of this statement -24- 8j(4) Pg. 36 CITY OF MARINA Statement of Revenues, Expenditures and Changes in Fund Balances Budget and Actual - General and Other Major Funds Year Ended June 30, 2014 General Fund Variance REVENUES Taxes Licenses and Permits Fines and Forfeitures Investment Earnings Charges for Services & Other Program Revenue Other General Revenue Total Revenues EXPENDITURES General Government Public Safety Public Works Economic & Community Development Recreation & Cultural Services Public Improvements Debt Service - Principal Debt Service - Interest & Other Total Expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES $ Original Budget 11,484,400 490,300 185,200 50,150 3,873,972 662,675 $ Final Budget 11,660,100 488,300 182,500 50,150 4,745,440 18,975 $ Actual 12,065,087 445,545 195,743 23,597 4,293,929 32,054 Positive (Negative) $ 404,987 (42,755) 13,243 (26,553) (451,511) 13,079 $ 16,746,697 $ 17,145,465 $ 17,055,955 $ (89,510) $ 2,479,629 9,973,000 1,775,808 1,731,423 913,985 485,000 131,754 17,490,599 $ $ 2,333,193 10,209,287 1,983,541 1,324,932 891,308 485,000 131,754 17,359,015 $ $ 2,546,130 10,121,592 2,041,808 1,992,899 885,934 485,000 131,754 18,205,117 $ 212,937 (87,695) 58,267 667,967 (5,374) 846,102 $ $ $ (743,902) $ (1,059,652) $ (303,060) $ 756,592 $ 682,168 (83,266) 598,902 1,191,500 $ 662,168 (154,216) 507,952 1,191,500 $ 655,679 (108,270) 547,409 1,068,800 $ (6,489) 45,946 39,457 (122,700) OTHER FINANCING SOURCES (USES) Inter(intra)fund Transfers In Inter(intra)fund Transfers Out Total Other Financing Sources(Uses) Special Item - Sale of Real Property EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES, OTHER USES AND SPECIAL ITEM FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR $ $ $ 1,046,500 5,459,009 6,505,509 $ $ $ 639,800 5,459,009 6,098,809 $ $ $ 1,313,149 6,091,225 7,404,374 $ $ $ The notes to financial statements are an integral part of this statement -25- 8j(4) Pg. 37 673,349 632,216 1,305,565 Abrams B Bonds Debt Service Fund Variance Original Budget Final Budget Positive (Negative) Actual $ 826,165 - $ 826,165 - $ 31 822,823 - $ 31 (3,342) - $ 826,165 $ 826,165 $ 822,854 $ (3,311) $ 335,000 496,165 831,165 $ 335,000 496,165 831,165 $ $ $ 335,000 484,351 819,351 $ 11,814 11,814 $ 3,503 $ 8,503 $ - $ - $ $ $ $ $ $ (5,000) - (5,000) 98,648 93,648 $ $ $ $ $ $ (5,000) - (5,000) 98,648 93,648 $ $ $ 3,503 106,452 109,955 $ $ 8,503 7,804 16,307 $ (continued) -25- 8j(4) Pg. 38 CITY OF MARINA Statement of Revenues, Expenditures and Changes in Fund Balances Budget and Actual - General and Other Major Funds Year Ended June 30, 2014 City Capital Projects Fund Variance REVENUES Taxes Licenses and Permits Fines and Penalties Investment Earnings Charges for Services & Program Revenues Other General Revenue Total Revenues EXPENDITURES General Government Public Safety Public Works Economic & Community Development Recreation & Cultural Services Public Improvements Debt Service - Principal Debt Service - Interest & Other Total Expenditures EXCESS OF REVENUES OVER (UNDER) EXPENDITURES Original Budget Final Budget Positive (Negative) Actual $ 222,673 558,610 $ 399,983 762,710 $ 388,545 58,460 $ (11,438) (704,250) $ 781,283 $ 1,162,693 $ 447,005 $ (715,688) $ - $ $ $ $ 2,930,191 69,878 5,698 3,005,767 $ 2,607,648 58 14,366 2,622,072 $ 2,578,367 69,936 20,064 2,668,367 $ 5,537,839 69,936 20,064 5,627,839 $ (1,887,084) $ (4,465,146) $ (2,558,762) $ 1,906,384 $ 1,531,219 (9,464) 1,521,755 - $ 2,078,219 (158,126) 1,920,093 - $ 2,078,219 (158,126) 1,920,093 - $ - (365,329) (365,329) $ (2,545,053) (2,545,053) $ (638,669) 4,490,987 3,852,318 $ OTHER FINANCING SOURCES (USES) Interfund Transfers In Interfund Transfers Out Total Other Financing Sources(Uses) Special Item - Sale of Real Property EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES, OTHER USES AND SPECIAL ITEM FUND BALANCE - BEGINNING OF YEAR FUND BALANCE - END OF YEAR $ $ $ $ $ $ $ $ $ 1,906,384 4,490,987 6,397,371 The notes to financial statements are an integral part of this statement -26- 8j(4) Pg. 39 Impact Fee Fund Variance Original Budget Final Budget Positive (Negative) Actual $ 4,627,916 - $ 4,627,916 - $ 7,257 2,635,206 - $ $ 4,627,916 $ 4,627,916 $ 2,642,463 $ (1,985,453) $ $ $ - $ $ - $ 2,006 2,006 $ 4,627,916 $ 4,627,916 $ 2,640,457 $ (1,441,219) (1,441,219) - $ 102,310 (1,914,219) (1,811,909) - $ $ $ $ 3,186,697 6,136,492 9,323,189 $ $ $ 2,816,007 6,136,492 8,952,499 102,310 (1,988,219) $ (1,885,909) - $ $ 754,548 3,555,556 4,310,104 $ $ 7,257 (1,992,710) - (2,006) (2,006) $ (1,987,459) $ $ (74,000) (74,000) - $ (2,061,459) (2,580,936) $ (4,642,395) (concluded -26- 8j(4) Pg. 40 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 1 - The Reporting Entity The City of Marina was incorporated in 1975 under the laws of the State of California, and operates under a Council - Manager form of government. The City provides a full range of municipal services including police, fire, public works, recreation & culture, community development and general administration. These financial statements present the financial status of the City and its component units. The component units discussed in the following paragraph are included in the City’s reporting entity because the City is financially accountable for their operations and because the City and both component units share the same governing body. The Abrams B Non-Profit Corporation was formed to account for operation of a 192unit multi-family housing development, known as Abrams B Apartments, under a 50year ground lease from the City of Marina, which owns the property. The ground lease is reported as a capital asset (a leasehold interest) on the balance sheet of the Abrams B Housing Fund. Although a legally separate entity, the Corporation is reported on a blended basis as part of the primary government. On December 29, 2011, the California Supreme Court upheld Assembly Bill IX 26 (“the Bill”) that provides for the dissolution of all redevelopment agencies in the State of California. This action impacted the reporting entity of the City of Marina that previously had reported a redevelopment agency within the reporting entity of the City as a blended component unit. The Bill provides that upon dissolution of a redevelopment agency, either the city or another unit of local government will agree to serve as the “successor agency” to hold the assets until they are distributed to other units of state and local government. After enactment of the law, which occurred on June 28, 2011, redevelopment agencies in the State of California cannot enter into new projects, obligations or commitments. Subject to the control of a newly established oversight board, remaining assets can only be used to pay enforceable obligations in existence at the date of dissolution (including the completion of any unfinished projects that were subject to legally enforceable contractual commitments). In future fiscal years, successor agencies will only be allocated revenue in the amount that is necessary to pay the estimated annual installment payments on enforceable obligations of the former redevelopment agency until all enforceable obligations of the prior redevelopment agency have been paid in full and all assets have been liquidated. The Bill directs the State Controller of the State of California to review the propriety of any transfers of assets between redevelopment agencies and other public bodies 27 8j(4) Pg. 41 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 that occurred after January 1, 2011. If the public body that received such transfers is not contractually committed to a third party for the expenditure or encumbrance of those assets, the State Controller is required to order the available assets to be transferred to the public body designated as the successor agency by the Bill. Management believes, in consultation with legal counsel, that the obligations of the former redevelopment agency due to the City are valid enforceable obligations payable by the successor agency trust under the requirements of the Bill. The City’s position on this issue is not a position of settled law and there is considerable legal uncertainty regarding this issue. It is reasonably possible that a legal determination may be made at a later date by an appropriate judicial authority that would resolve this issue unfavorably to the City. In a letter dated October 9, 2013, the California Department of Finance (DOF) ordered the City of Marina Successor Agency (Agency) to remit to the County Auditor-Controller $1,286,116, determined by the Department to be unencumbered funds in accordance with Health and Safety code Section 34170.6(f). The City disputed, and continues to dispute the Department’s determination of the amount of unencumbered funds and currently has pending a lawsuit against the Department on this matter. On November 22, 2013, to avoid threatened legal action, the Agency remitted $583,719 to the Monterey County Auditor-Controller in partial payment of the amount demanded by DOF. In letters dated October 30, 2013 and November 22, 2013, the Agency reiterated its non-waiver of constitutional, statutory, legal, and equitable rights and expressly reserved any and all rights, privileges, and defenses available under law and equity. The lawsuit filed by the Agency against DOF remains pending. As a result of the litigation, the court decided the Agency may retain $586,326, which was derived from land sale proceeds and previously transferred to the general fund. Additionally, the DOF issued a revised letter dated May 22, 2014, in which DOF ordered the Agency to remit to the County Auditor-Controller $633,263 (composed of $583,719 prior payment to the County Auditor-Controller, $51,160 disallowable transfer less $1,616 reconciliation of beginning balances. On November 6, 2014, the Agency remitted the final payment of $49,544. In conclusion, the DOF issued a letter dated November 12, 2014, stating the DOF has completed the Finding of Completion for the Marina Successor Agency. Pursuant to Health and Safety Code (HSC) section 34179.7, the DOF has verified that the Agency has made full payment of the amounts determined under HSC section 34179.6, subdivisions (d) or (e) and HSC section 34183.5 Furthermore, within the DOF Finding of Completion, the Agency may now do the following: 28 8j(4) Pg. 42 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 • • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC section 34191.4(b)(1). Loan repayments will be governed by criteria in HSC section 34191.4(a)(2). Utilize proceeds derived from bonds issued prior to January 1, 2011, in a manner consistent with the original bond covenants per HSC section 34191.4(c). Implementation of Government Accounting Standards Board Statements Effective July 1, 2013, the City implemented the following accounting and financial reporting standards: Government Accounting Standards Board Statement No. 65 In March 2012, GASB issued Statement No. 65, Items Previously Reported as Assets and Liabilities. This Statement erroneously alleges that accounting and financial reporting are improved by imposing standards that reclassify, as deferred outflows of resources or deferred inflows of resources, certain items that were previously reported as assets and liabilities and recognizes, as outflows of resources or inflows of resources, certain items that were previously reported as assets and liabilities. This Statement also provides other financial reporting guidance related to the impact on the financial statement elements of deferred outflows of resources and deferred inflows of resources, such as changes in the determination of the major fund calculations and limiting the use of the term deferred in financial statement presentations. Application of this statement is effective for, and has been implemented in, the City's financial statements for the fiscal year ending June 30, 2014. Implementation of this statement resulted in a prior-period adjustment that unnecessarily and misleadingly reduced net assets in the Abrams-B Housing Proprietary Fund in the amount of $628,259. For additional information, see Note 2 Significant Accounting Policies, Fund Balance. Government Accounting Standards Board Statement No. 66 In March 2012, GASB issued Statement No. 66, Technical Corrections—2012—an amendment of GASB Statements No. 10 and No. 62. The GASB asserts that this Statement improves accounting and financial reporting for a governmental financial reporting entity by resolving conflicting guidance that resulted from the issuance of two pronouncements, Statements No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, and No. 62, Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncements. Application of this statement is effective for, and has been implemented in, the City's financial statements for the year ending June 30, 2014. 29 8j(4) Pg. 43 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Government Accounting Standards Board Statement No. 67 In June 2012, GASB issued Statement No. 67, Financial Reporting for Pension Plans—an amendment of GASB Statement No. 25. The GASB asserts that this Statement improves financial reporting by state and local governmental pension plans. This Statement replaces the requirements of Statements No. 25, Financial Reporting for Defined Benefit Pension Plans and Note Disclosures for Defined Contribution Plans, and No. 50, Pension Disclosures, as they relate to pension plans that are administered through trusts or equivalent arrangements (hereafter jointly referred to as trusts) that meet certain criteria. The City's pension plan is administered under contract with the California Public Employees Retirement System (CalPERS) pursuant to Sate law. CalPERS has provided suggested financial disclosures to contracting agencies. The City has included the disclosures suggested by CalPERS, and believes it is in compliance with the requirements of this statement for the City's fiscal year ending June 30, 2014. Future Government Accounting Standards Board Statements These statements are not effective until July 1, 2015 or later. The City has not determined the effects on the financial statements. Government Accounting Standards Board Statement No. 68 In June 2012, GASB issued Statement No. 68, Accounting and Financial Reporting for Pensions—an amendment of GASB Statement No. 27. The GASB asserts that this Statement will improve accounting and financial reporting by state and local governments for pensions by requiring recognition of the entire net pension liability and a more comprehensive measure of pension expense. This Statement establishes standards for measuring and recognizing liabilities, deferred outflows of resources, and deferred inflows of resources, and expense/expenditures. For defined benefit pensions, this Statement identifies the methods and assumptions that should be used to project benefit payments, discount projected benefit payments to their actuarial present value, and attribute that present value to periods of employee service. The City has not determined what impact, if any, this pronouncement will have on the financial statements. Application of this statement is effective for the City's fiscal year ending June 30, 2015. Government Accounting Standards Board Statement No. 69 In January 2013, GASB issued Statement No. 69, Government Combinations and Disposals of Government Operations. This Statement establishes accounting and financial reporting standards related to government combinations and disposals of government operations. The City has not determined what impact, if any, this 30 8j(4) Pg. 44 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 pronouncement will have on the financial statements. Application of this statement is effective for the City's fiscal year ending June 30, 2015. Government Accounting Standards Board Statement No. 70 In April 2013, GASB issued Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees. This Statement requires a government that extends a nonexchange financial guarantee to recognize a liability when qualitative factors and historical data, if any, indicate that it is more likely than not that the government will be required to make a payment on the guarantee. The City has not determined what impact, if any, this pronouncement will have on the financial statements. Application of this statement is effective for the City's fiscal year ending June 30, 2015. 2 - Significant Accounting Policies The accounting policies of the City conform to accounting principles generally accepted in the United States of America as applied to governmental agencies. The Governmental Accounting Standards Board (GASB) is the recognized standardsetting body for establishing governmental accounting and financial reporting principles. Following is a summary of significant accounting policies. Basis of Presentation Government-wide and Fund Financial Statements Government-wide Statements include the Statement of Net Position and the Statement of Activities, which report information on all activities of the primary government and its component unit. The effect of interfund activity has been eliminated from these statements. The Statement of Net Position presents all assets, including capital assets, as well as short and long-term liabilities. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities, which rely on fees and charges for services. The statement of activities ostensibly demonstrates the extent to which direct expenses of a given function are offset by program revenues. Direct expenses are those identifiable with a specific function. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function; and 2) grants and contributions restricted to meeting operational or capital requirements of a particular function as well as interest earned on those revenues. Revenues that are not classified as program revenues, including taxes, are general revenue. 31 8j(4) Pg. 45 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Fund Financial Statements provide information separately for governmental funds and proprietary funds. Major individual governmental funds and proprietary funds are reported separately with non-major governmental funds combined in a single column. Fund Accounting The City’s accounts are organized by funds, each of which is considered a separate accounting entity with a self-balancing set of accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures or expenses, as appropriate. Governmental Funds The General Fund is the City's operating fund and accounts for all financial resources except those accounted for in a separate fund due to third-party or management restrictions. Special Revenue Funds account for the proceeds of revenue sources that are restricted to specific purposes other than major capital projects and debt service. Capital Projects Funds account for revenues and expenditures for the acquisition or construction of major capital facilities. Debt Service Funds account for the accumulation of resources for, and the payment of, general long-term debt principal, interest, and related costs. Proprietary Funds Enterprise Funds account for activities that are financed and operated similar to private business, where the intent is that the costs, including depreciation, of providing goods or services to the general public on a continuing basis be recovered primarily through user charges. The City accounts for the operation of its airport, and the Abrams B Apartments, on this basis. Major Funds: Generally Accepted Accounting Principles require that fund financial statements disclose each major fund separately, and that all non-major funds be aggregated. The General Fund is always a major fund. Other major funds are those whose assets, liabilities, revenues and/or expenditures exceed ten percent (10%) of the City's governmental funds total for that category, and also exceed five percent (5%) of city-wide totals including enterprise funds for that category. The following four funds are classified as major funds: General Fund which accounts for all on-going general governmental activities not reported in other funds; Abrams-B Bonds Debt Service Fund, which accounts for resources restricted to retirement of Abrams-B Bonds principal and interest, and payment of those debt obligations; the Impact Fee 32 8j(4) Pg. 46 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Fund, which accounts for fees collected pursuant to state law for mitigation of the effects of development on City facilities, services and infrastructure; and the City Capital Projects Fund, which accounts for resources committed to acquisition and/or construction of general capital assets and infrastructure. Measurement Focus and Basis of Accounting Measurement focus refers to what transactions are reported in a fund. Basis of accounting refers to when revenues and expenditures, and the related assets and liabilities, are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of measurement made, regardless of the measurement focus applied. Government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned and expenditures are recorded when a liability is incurred regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements have been met. Governmental Fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized when they become both measurable and available. Revenues are considered to be available if they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the City considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred if payable within the aforementioned 60-day availability period, except for debt service payments, and expenditures related to claims, judgments and compensated absences, which are recorded when payment is due. Major revenue sources susceptible to accrual include substantially all property taxes, taxpayer-assessed taxes, such as sales and use, business license, transient occupancy, franchise fees and gas taxes, interest, special assessments levied, state and federal grants and charges for current services. All other revenue items are considered to be measurable and available only when cash is received by the government. Expenditures are recorded when the related fund liability is incurred. Use of Estimates Financial statement preparation in conformity with accounting principles generally accepted in the United States of America occasionally requires the use of estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. 33 8j(4) Pg. 47 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Actual results could differ from those estimates. Cash and Deposits See Note 4. Property Taxes Article XIII of the California Constitution (Proposition 13) limits ad valorem taxes on real property to one percent of value plus taxes necessary to pay indebtedness approved by voters prior to July 1, 1978. The Article also established the 1975/76 assessed valuation as the base and limits annual increases to the cost of living, not to exceed two percent, for each year thereafter. Property may also be reassessed to full market value after a sale, transfer of ownership, or completion of new construction. The State is prohibited under the Article from imposing new ad valorem, sales, or transaction taxes on real property. Local government may impose special taxes, except on real property, with the approval of two-thirds of the qualified electors. All property taxes are collected and allocated by the County of Monterey to the various taxing entities. Property taxes are determined annually as of January 1 and attach as an enforceable lien on real property as of July 1. Taxes are due November 1 and February 1, and are delinquent if not paid by December 10 and April 10, respectively. Receivables and Payables Property, sales and use taxes related to the current fiscal year are accrued as revenue and accounts receivable if considered available (received within 60 days of year end.) Federal and State grants are considered receivable and accrued as revenue when reimbursable costs are incurred. Long-term loans receivable are recorded to avoid understatement, but offset by deferred revenue because the resources are not available for appropriation. Balances representing lending/borrowing transactions between funds at the end of the fiscal year are reported as due to/due from (short-term) or advances from/to other funds (long-term). Determination as to whether interfund receivables/payables are short or long term, particularly when formal loan documents do not exist, depends on the facts and circumstances of each transaction and to some extent is necessarily a matter of subjective judgment on the part of Financial Management. Irrespective of the short-or-long-term classification, the total receivable/payable will be correctly stated. Allowance for Doubtful Accounts 34 8j(4) Pg. 48 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 The City recognizes bad debts, on the rare occasion when a bad debt arises, using the direct write-off method due to the uncertainty of recording an allowance in advance, and the public impact of presenting such information on an estimated basis. While accounting principles generally accepted in the United States of America require that the allowance method be used to reflect bad debts, the effect of using the direct write-off method does not differ materially from the results that would be obtained if the allowance method were followed, and Management considers the direct write-off method to be superior. Inventories and Prepaid Items The aviation fuel inventory held by the Airport proprietary fund is stated at cost using the First-In-First-Out (FIFO) valuation method. Materials and supplies used by governmental funds are recorded as expenditures at the time they are purchased or obtained. Occasionally, payments to vendors relate to costs applicable to future accounting periods and are recorded as prepaid items; such items are generally not material in amount overall. Capital Assets Capital assets are reported in the applicable governmental or business-type activities column in the government-wide financial statements. Capital assets are stated at historical cost, or at estimated replacement cost where original cost was not available. Contributed capital assets are valued at estimated fair market value on the date contributed, if ascertainable. The City possesses certain capital assets that were acquired by capital lease, and are recorded as capital assets at cost. The City capitalizes assets whose acquisition or construction cost equals or exceeds: Equipment Buildings and Improvements Infrastructure $ 5,000 50,000 100,000 Depreciation is recorded using the straight-line method over the estimated useful lives of the assets, which range from four to forty years. Compensated Absences Compensated absences represent the vested portion of accumulated vacation, sick leave and compensatory time off. The liability for accumulated leave includes all salary-related payments that are directly and incrementally connected with leave payments to employees. In governmental fund types, the cost of vacation and sick leave benefits is recognized when payments are made to employees. 35 8j(4) Pg. 49 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Upon termination, employees are paid 100% of accrued vacation leave and compensatory time off. Personal Time Off (PTO) and sick leave is paid in accordance with the applicable employee Memorandum of Understanding (MOU) or individual employment contract. A long-term liability of $1,273,047 for accrued benefits was recorded at June 30, 2014. Unearned Revenue Unearned revenues arise when cash is received before the City earns it; for instance, when rents, leases, business licenses or other fees are paid in advance, typically during June and are not earned until July. Total unearned revenue in the Governmental Funds Balance Sheet of $104,274 at June 30, 2014, comprises advance business license payments received during Fiscal 2013/14 not due until FY 2014/15 $62,674 and rents $41,600 received during June not due until July. Enterprise funds total unearned revenues of $35,705 consist of airport building, hangar and other rents received in advance of their due dates in July. Long -Term Obligations In the government-wide financial statements and proprietary fund financial statement, long-term debt and other long-term obligations are reported as liabilities in the applicable statement of net position. Except for interfund obligations, long-term debt is not reported in governmental funds. Encumbrances Encumbrance accounting is used during the year for budgetary control. Encumbrances lapse at year end. Fund Balance The difference between the assets plus deferred outflows of resources, and liabilities plus deferred inflows of resources of a governmental fund is referred to as fund balance or, in the government-wide statements, as net position. (See Note 10 disclosures). Occasionally, a fund's liabilities plus deferred inflows of resources exceed its assets plus deferred outflows of resources, resulting in a deficit fund balance. Following are the deficit fund balances at June 30, 2014, and short explanations: Marina Woods Landscape Maintenance District: - $1,395 - Landscape and maintenance costs occur mostly during spring and summer, while assessment revenues are not received until December with the property tax distributions, at which time the deficit should be eliminated. 36 8j(4) Pg. 50 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Cypress Cove II Landscape Maintenance District: - $857 - Landscape and maintenance costs occur mostly during spring and summer, while assessment revenues are not received until December with the property tax distributions, at which time the deficit should be eliminated. Prior-Period Adjustment: In 2007, the Abrams-B Nonprofit Corporation borrowed $14,360,000 to acquire a long-term leasehold interest in the Abrams-B housing development from the City of Marina. In conjunction with the loan, the corporation incurred prepaid loan costs of $802,033 which were properly recorded at the time as a deferred charge (asset), to be amortized over the 30-year life of the loan as required by Generally Accepted Accounting Principles prior to GASB Statement No. 65. At June 30, 2013, the unamortized loan cost balance was $628,259. GASB Statement No. 65 changed the accounting treatment for prepaid debt issuance costs, requiring that: prospectively, such costs be expensed when incurred; and retroactively, that all previously deferred debt issuance costs be written off against fund equity during fiscal 2013/14. This requirement by the GASB resulted in an apparent, but not actual, $628,259 reduction in net position of Abrams B Nonprofit Corporation, making comparisons to previous years' less meaningful. Internal Activity Eliminations Generally Accepted Accounting Principles require that with certain exceptions, the effects of interfund activity be eliminated from the government-wide financial statements by means of consolidation. At June 30, 2014 the City had recorded numerous interfund receivables/payables/transfers between various funds. (See Note 9) For financial reporting purposes, the City discloses all interfund activity in the fund financial statements, but as required by GASB Statement No. 34, eliminates activity between individual Governmental Funds and between individual Enterprise Funds, then eliminates interfund activity between governmental and proprietary funds by disclosing the offsetting amounts as 'Internal Balances' with a resulting zero balance in the statement of net position and statement of activities. While complying with GASB rules, this inconsistency renders the Statement of Net Position and Government Funds Balance Sheet hard to compare, requiring a complex reconciling schedule to enable readers to understand the financial statements. 3 - Stewardship, Compliance and Accountability Budgetary Information The City follows these procedures annually in establishing the budgetary data reflected in the financial statements: 1. The City Manager submits to the City Council a proposed budget for the fiscal 37 8j(4) Pg. 51 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 2. 3. 4. 5. year commencing the ensuing July 1, which includes proposed expenditures and the means of financing them, including anticipated revenues and fund balance carry-forwards. The City Council reviews the proposed budget at special scheduled sessions which are open to the public. The Council also conducts a public hearing on the proposed budget to obtain comments from interested persons. Prior to July 1, the budget is adopted by Council resolution. From the effective date of the budget, which is adopted and controlled at the department level, the amounts stated therein as proposed expenditures become appropriations to the various City departments. The City Council may amend the budget by resolution during the fiscal year. The City Manager may authorize transfers of revenues and appropriations within and between departments of the General Fund, and within and between projects/departments of any fund. The Finance Director records budget adjustments and realignments as necessary for carryover balances, encumbrances and continuing contracts to eliminate unfavorable budget variances. 4 - Cash and Deposits Cash and investments reported in the financial statements at June 30, 2014 consist of: Deposits With Financial Institutions $ 4,150,600 Local Agency Investment Fund (LAIF) 15,616,157 Cash Held By Bond Trustees & Fiscal Agents * 3,963,628 Imprest Cash 5,900 Total Cash and Deposits $ 23,736,285 * See disclosures below under 'Cash with Bond Trustees and Fiscal Agents' The City follows the practice of pooling cash of all funds except cash held by rental agents and cash required to be held by outside agents under the provisions of bond indentures or grants. Interest earned on pooled cash is allocated to the various funds based on average balances. Earnings on cash held by fiscal agents are credited to the related fund. Cash Defined Cash includes money held by the City and on deposit with financial institutions that can be withdrawn without notice. Cash equivalents are short-term, highly liquid investments that are readily convertible to known amounts of cash and so near their maturity that they present insignificant risk of changes in value due to fluctuations in interest rates. 38 8j(4) Pg. 52 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Cash Deposits The California Government Code requires financial institutions to secure deposits made by state or local governmental agencies by pledging securities in an undivided collateral pool held by a depository regulated under state law, unless waived by the government agency. (GC §§53652 & 53653) The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. All deposits held in the City's name by financial institutions comply with state law. In addition, as operating manager of the Abrams B Non-Profit Corporation's rental activity, Alliance Properties Management Company holds approximately $2,188,881 cash on behalf of the Corporation in the City's name. Cash with Bond Trustees and Fiscal Agents At June 30, 2014, Cash with Bond Trustees comprised the following: Wells Fargo Government Money Market Fund $ Blackrock Institutional Money Market Funds Total Cash with Bond Trustees $ Cash with Rental Agent: Bank of America Demand Deposit Total cash with Bond Trustees and Fiscal Agent $ 57 1,774,690 1,774,747 2,188,881 3,963,628 Cash held by trustees on behalf of bond holders are governed by provisions of the indentures rather than the general provisions of the California Government Code or the City’s investment policy. Generally, the indentures allow a wide range of investments including investments in money market mutual funds rated AAAm, AAAm-G, or Aaa by Standard & Poors and/or Moody's. During fiscal year 2013-14, all investments held by trustees complied with indenture requirements. Cash held by fiscal agent in demand deposit accounts complied in all respects with security and collateralization requirements of the California Government Code: Investments Authorized by the City's Investment Policy The City's Investment Policy and Management Plan restricts individual deposits to financial institutions maintaining offices within the City of Marina. Further, unless collateralized as provided in Government Code Sections 53651 & 53652, the maximum amount of Certificates of Deposit that can be placed with any single institution is $100,000. At June 30, 2014, all City deposits were placed with Rabobank in Marina, and the City had no certificates of deposit. With respect to investments, the policy adopts the State of California's provisions relating to local agencies set forth in Government Code: §16429.1 authorizing a local agency to deposit cash with the State of California Local Agency Investment Fund 39 8j(4) Pg. 53 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 (LAIF); §53635 authorizing a local agency to pool deposits with other local agencies and establishing permitted investments for the pool; and §53601 permitting local governments to invest independently and establishing permitted investments. While the City's investment policy identifies safety of principal as the foremost objective of the investment program and states that the 'City shall seek to preserve principal by mitigating...credit risk and market risk... .' it contains no specific provisions intended to limit exposure to interest rate risk or concentration of credit risk aside from those contained in the aforementioned Government Code sections. Interest rate risk is the risk that changes in market interest rates will adversely affect the value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its value to changes in market interest rates. Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. Concentration of credit risk recognizes that additional risk attaches to a disproportionately large proportion of an investment portfolio placed with a single institution. The City's investment policy limits investments with a single institution (exclusive of government agencies such as LAIF) to no more than 25% of the portfolio. During 2013-14, no investments were placed with any one issuer that exceeded 25% of the total portfolio. The City's investment policy assigns authority and responsibility to manage the City's investment portfolio to the Finance Director. Pursuant to such authority, during fiscal year 2013-14 the only investments were placed with the California LAIF, which is regulated by the California Government Code under the oversight of the Treasurer of the State of California. City deposits in this pool are reported in the accompanying financial statements at cost which approximates fair value. Deposits may be withdrawn without interest or principal penalties on short notice and are more similar to cash than an investment. City deposits with the LAIF at June 30, 2014, totaled $15,616,157, and Successor Agency deposits with the LAIF totaled $560,413. 5 - Notes Receivable Notes receivable of $188,127 in the CDBG Fund include small business loans made for the implementation of a business assistance program and first-time homebuyer assistance loans that bear annual interest rates ranging from 5% to 6%, with various repayment plans. CDBG Housing Fund notes receivable of $76,500 consist of loans made for lowincome housing purchase and rehabilitation. Loans are collateralized by deeds of trust on the purchased or improved properties, bear annual interest rates ranging from 3% to 7%, and require no repayment until transfer of property title, or the loan reaches maturity. 40 8j(4) Pg. 54 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 6 - Capital Assets Governmental (General) Capital Assets changed during FY 13-14 as follows: on-depreciable) s & Improvements ent cture Depreciable Assets Balance July 1, 2013 $ 1,750,963 35,105,940 6,238,493 14,089,293 55,433,726 ccumulated Depreciation s & Improvements (11,198,843) ent (4,784,048) cture (1,711,991) ccumulated Depr'n (17,694,882) reciable Assets Assets, Net Additions $ - Deletions $ - 88,880 2,863,369 2,952,249 (86,072) (86,072) (796,574) (379,447) (381,381) (1,557,402) 37,738,844 1,394,847 $ 39,489,807 $ 1,394,847 86,072 86,072 $ Balance June 30, 2014 $ 1,750,963 35,105,940 6,241,301 16,952,662 58,299,903 (11,995,417) (5,077,423) (2,093,372) (19,166,212) - 39,133,691 - $ 40,884,654 Depreciation expense was charged to governmental functions as follows: General Government $ 452,423 Public safety 358,878 Public Works 61,414 Economic & Community Development 5,985 Recreation & Cultural Services 201,707 Public Improvements 476,995 Total depreciation expense $ 1,557,402 41 8j(4) Pg. 55 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Business Activity-Type Assets changed as follows: Land (non-depreciable) Buildings Improvements Equipment Cost of Depreciable Assets Balance July 1, 2013 $ 36,900,000 Additions $ 8,579,544 24,073,213 183,816 32,836,573 - Deletions $ - 13,960 13,960 - Balance June 30, 2014 $ 36,900,000 8,579,544 24,087,173 183,816 32,850,533 Less: Accumulated Depreciation Buildings (3,658,877) Improvements (7,856,624) Equipment (170,867) Total Accumulated Depr'n (11,686,368) (241,301) (800,675) (4,616) (1,046,592) - (3,900,178) (8,657,299) (175,483) (12,732,960) Net Depreciable Assets 21,150,205 (1,032,632) - 20,117,573 $ 58,050,205 $(1,032,632) - $ 57,017,573 Capital Assets, Net - $ 7 - Long-Term Debt Following are the long-term debt issues outstanding at June 30, 2014, including a description of each issue: General Obligation Bonds 1998 General Obligation Refunding Bonds – Authorized and issued June 1998, due in annual installments of $15,000 to $65,000 plus accrued interest through August 2019, for the purpose of refunding the 1989 General Obligation Bonds Series A. Interest is payable semi-annually in February and August at 4.4% to 5.6% per annum. Balance Due $335,000 General Obligation Bonds 2005 General Obligation Bonds – Authorized and issued May 2005, due in annual installments of $5,000 to $695,000 plus accrued interest through August 2035, for the purpose of constructing a new library. Interest is payable semi-annually in February and August at 3% to 5.25% per annum. Balance Due $7,925,000 General Obligation Bonds 2007 General Obligation Bonds – Authorized and issued April 2007 as part of a larger offering facilitated by the California Statewide Communities Development 42 8j(4) Pg. 56 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Authority, due in annual installments of $15,000 to $625,000 plus accrued interest through June 2019, for the purpose of refinancing an unfunded CalPERS pension liability. Interest is payable semi-annually in June and December at 5.21% to 5.3% per annum. Balance Due $ 1,995,000 Limited Obligation Improvement Bonds 1999 Refunded Marina Greens Assessment District Bonds - Authorized and issued August 2000, due in annual installments of $35,000 to $80,000 plus accrued interest through September 2015, for the purpose of refunding the 1994 Marina Greens Business Park Improvement Assessment District Limited Obligation Improvement Bonds used for the purpose of financing the construction of improvements and the acquisition of certain rights of way. Interest is payable semi-annually in March and September at 4.3% to 6% per annum. (see subsequent events, Note 17) Balance Due $ 155,000 Limited Obligation Improvement Bonds 2001 Refunded Marina Landing Assessment District Bonds - Authorized and issued July 2001, due in annual installments of $108,000 to $190,000. This issue was totally liquidated during fiscal 2013/14, and has no remaining interest or principal due at June 30, 2014 (see Subsequent Events). Balance Due $ 000 Revenue Bonds 2006 Multifamily Housing Revenue Bonds - Authorized and issued November 2006, due in annual installments of $110,000 to $160,000 through May 2016, then a lumpsum redemption of $10,275,000 on November 15, 2036, principal and interest, for the purpose of financing the acquisition of the Abrams B Apartments. Interest is payable semi-annually in May and November at 3.45% to 3.95% per annum. Balance Due $ 12,165,000 General Long-Term Debt changed as follows: General Obligation Bonds Revenue Bonds Limited Obligation Bonds Sub-Total Bonded Debt Capital Lease Obligation Compensated Absences Total Balance July 1, 2013 $10,805,000 12,500,000 415,000 $23,720,000 234,410 1,297,518 $25,251,928 Increases - Decreases $ 550,000 335,000 260,000 $1,145,000 69,878 24,471 $1,239,349 Balance June 30, 2014 $10,255,000 12,165,000 155,000 $22,575,000 164,532 1,273,047 $24,012,579 Due Within 1 Year $ 615,000 345,000 75,000 $ 1,035,000 71,849 $ 1,106,849 43 8j(4) Pg. 57 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Annual principal and interest requirements on general long-term bonded debt outstanding at June 30, 2014, are as follows: Year Ending June 30, 2015 2016 2017 2018 2019 2020-2024 2025-2029 2030-2034 2035-2037 General Obligation Bonds Revenue Bonds Limited Obligation Bonds Total Interest Principal 1,116,155 1,158,735 1,207,579 701,655 740,754 3,027,444 3,303,435 3,556,956 1,427,056 789,708 787,715 458,395 458,395 458,395 2,291,975 2,291,975 2,291,975 12,880,987 82,050 82,400 - 1,987,913 2,028,850 1,665,974 1,160,050 1,199,149 5,319,419 5,595,410 5,848,931 14,308,043 952,913 903,850 890,974 850,050 834,149 3,969,419 3,615,410 3,033,931 1,488,043 1,035,000 1,125,000 775,000 310,000 365,000 1,350,000 1,980,000 2,815,000 12,820,000 Subtotal Less Interest $16,239,769 (5,984,769) $22,709,520 (10,544,520) $164,450 (9,450) $39,113,739 (16,538,739) $16,538,739 -16,538,739 $22,575,000 - Principal $10,255,000 $12,165,000 $155,000 $22,575,000 $ - $22,575,000 8 - Capital Leases A schedule of future minimum lease payments pursuant to a capital lease for NGEN emergency communications equipment, together with the present value of the minimum lease payments at June 30, 2014 follows: Year Ending June 30 Long-Term Debt 2015 $ 75,576 2016 75,577 2017 18,894 $ 170,047 Less Interest -5,515 Principal Portion of Future Lease Payments $ 164,532 44 8j(4) Pg. 58 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 9 - Interfund Transactions Interfund Loans Interfund loans are temporary resource transfers between funds for cash-flow and other purposes that will be repaid within a reasonable time pursuant to loan agreements, promissory notes and City Council resolutions. Interfund loans at June 30, 2014 were as follows: Due To Due From Amount General Fund (1) City Capital Projects Fund $ 75,000 General Fund (1) Fiduciary Funds 243,713 General Fund (1) Special revenue Funds 226,648 Abrams B Bond Fund (2) Abrams B Housing Fund 12,136,667 City Capital Projects Fund (3) Abrams B Housing Fund _ 1,329,631 Sub-total Governmental Funds $ 14,011,659 Airport Fund (4) General Fund $ 50,000 Airport Fund (4) Other Governmental Funds 50,708 Fiduciary funds 85,000 Sub-total Airport $ 185,708 Total $ 14,197,367 (1) Loans due to the General Fund include a $75,000 non-amortizing loan to the City Capital Projects Fund to finance rehabilitation of a percolation pond in anticipation of sale, which will be repaid as resources permit; two formal, interest-bearing amortizing loans to the Successor Agency to the Marina Redevelopment Agency Fiduciary Fund totaling $145,655, which the City expects to be repaid as part of the Agency's enforceable debt obligations; a $48,514 non-interest bearing, non-amortizing loan to the Successor Agency to the Redevelopment Agency Fiduciary Fund which the City expects to be repaid as part of the Agency's enforceable debt obligations; and a second short-term $49,544 loan to the the Successor Agency to the Redevelopment Agency Fiduciary Fund which the City expects to be repaid as part of the Agency's enforceable debt obligations. Loans to non-major special revenue funds include short-term cash flow loans to the Marina Woods Landscape Maintenance District and the CDBG Projects Fund of $805 and $225,843, respectively. These loans will be repaid as cash flows permit. (2) The Abrams B Housing Fund borrowed $14,360,000 from the City on a formal interest-bearing, amortizing promissory note for the purpose of acquiring the Abrams B Housing Project from the Fort Ord reuse Authority. Payments are made in essentially equal annual amounts, and the note will be fully amortized during fiscal year 2035-36. (3) The Abrams B Housing Fund owes the City $1,329,631 for the purchase of a leasehold interest in the Abrams B Housing Project (4) The Airport Operating Fund made a $50,708 short-term cash flow loan to the Airport Capital Projects fund which will be repaid during fiscal year 2014-15 as grant revenues are received, and $50,000 to the City's Strategic Development Fund (for reporting purposes, merged with the general fund), which will be repaid as resources 45 8j(4) Pg. 59 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 permit. The Airport Fund also loaned $85,000 to the Successor Agency to the Marina Redevelopment Agency which the City expects to be repaid as part of the Agency's enforceable debt obligations. Interfund Transfers Inter/intrafund transfers are permanent transfers of resources between/within funds with no repayment requirement. The following transfers occurred during FY 2013-14 as disclosed on the Statement of Revenues, Expenditures and Changes in Fund Balances, Interfund Transfers In; All Governmental Funds: Transfer To Transfer From Amount General Fund Other Governmental Funds $ 155,848 Airport Fund 82,638 Abrams B Housing Fund 417,193 Subtotal General Fund $ 655,679 City Capital Projects Fund General Fund Other Governmental Funds Subtotal City Capital Projects Fund $ 90,000 1,988,219 2,078,219 City Capital Projects Fund $ 102,310 Other Governmental Funds City Capital Projects Fund Airport Fund Subtotal Other Governmental Funds $ $ 46,352 46,000 92,352 $ 2,928,560 Impact fee Fund Total $ Interfund transfers that occur on a regular basis include routine annual transfers from the Abrams B NonProfit Corporation to the General Fund for rent; transfers from the Impact Fee Fund to the Capital Projects Funds to partially finance capital projects; and transfers from other funds to the General Fund for cost allocation. 10 - Classifications of Fund Balances As previously stated, fund financial statements designate the difference between assets plus deferred outflows of resources, and liabilities plus deferred inflows of resources, of a governmental fund as 'fund balance.' In March 2009, the Government Accounting Standards Board (GASB) issued Statement No. 54 establishing new fund balance classifications for governmental funds. The new classifications comprise a fund balance hierarchy based primarily on the extent to which a government must observe constraints imposed upon the use of resources reported in governmental funds. The new fund balance reporting standards include nonspendable, restricted, committed, assigned, and unassigned classifications based on the relative strength of 46 8j(4) Pg. 60 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 the constraints that control how specific resources can be spent, and the fund(s) in which those resources are reported. 'Nonspendable' fund balance are amounts that cannot be spent because they are not in spendable form, such as inventories or prepaid expenses, or because they are legally or contractually required to be maintained intact. This also includes the long-term portion of notes and loans receivable that are not offset by deferred revenue, but does not include imprest cash. 'Restricted' fund balance are amounts constrained by external parties that can be spent only for purposes '...stipulated by constitution, external resource providers, or through enabling legislation' such as gas tax cash in the Streets Fund, and cash in Debt Service Funds to repay bonded indebtedness as required by related bond indentures. 'Committed' fund balance are amounts that are neither unspendable nor restricted, that are constrained for specific purposes by formal action of the City's highest level of decision-making authority, such as: Council-adopted budget or other resolutions; motions; or minute orders recorded in the official minutes for the meeting at which such limitation is imposed. 'Committed' resources require equal or higher action by the Council to remove or change the constraints placed on those resources. 'Assigned' fund balance are amounts intended for specific purposes but are not nonspendable and do not meet the criteria of 'Restricted' or 'Committed.' In all funds except the general fund, 'assigned' fund balance represents the positive amount that is not nonspendable, restricted or committed. 'Assigned' resources can be imposed by the City Council itself, or by the City Manager and/or the Finance Director if authorized by Council action. For example, the Council may delegate authority for making certain budget modifications or setting aside resources for anticipated projects and programs. 'Unassigned' fund balance are general fund resources not contained in other classifications or, in non-general funds a deficit balance resulting from overspending for purposes for which amounts were restricted, committed or assigned. When an expenditure occurs for which both restricted and unrestricted resources are available, the City generally considers the expenditure to have been made from restricted resources. Likewise, when an expenditure occurs for which either committed, assigned or unassigned resources are available, the City generally considers the expenditure to have been made from committed resources. GASB asserts that the new classifications enhance the usefulness of fund balance measurements by disclosing the extent to which a government must observe constraints imposed on the use of resources reported in governmental funds, and the extent to which resources are available for discretionary purposes. Pursuant to GASB 54 the $7404,374 General Fund fund balance, and the $18,290,915 total governmental fund balances at June 30, 2014 were classified as follows: 47 8j(4) Pg. 61 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 General Fund Nonspendable $ 545,361 Restricted 180,782 Committed 200,000 Assigned Unassigned 6,478,231 Total $7,404,374 Detailed explanations for each category follows: All Funds $ 545,361 7,082,547 4,187,029 6,475,978 $18,290,915 Non- Fund General Fund Total $ 6,478,231 " 545,361 " 200,000 " Total General Fund Spendable $ - Restricted $ Committed - $ Unassigned - 545,361 - - - 200,000 180,782 - 180,782 - $ 7,404,374 $545,361 180,782 $ 200,000 Special Revenue Funds $ Nature of Constraint $6,478,231 Unconstrained General Fund balance - Non-current portion of loans & advances to other funds - Cash set aside for OPEB Costs by Council action - Bond trust & CSA 74 cash limited by indenture/law $6,478,231 - Restricted to specific uses by law or grants 5,054,918 - 5,054,918 - 134,711 - - 134,711 - Committed to public access by Council action Landscape Districts 24,298 - 24,298 - - Restricted by law to specific geographic areas Landscape Districts PEG (2,253) Negative balance reportable as unassigned (2,253) - - - Parks Capital Projects 2,197 - 2,197 - - Restricted to parks use by Quimby Fee law Airport Capital Project 44,034 - 44,034 - - Restricted to airport improvements by grant - Committed to specific projects by Council action City Capital Projects 3,852,318 - - 3,852,318 Library Construction 872,719 - 872,719 - - Restricted to library use by bond indenture Debt Service Funds 903,599 - 903,599 - - Restricted to debt service by bond indentures $ 18,290,915 $545,361 $ 7,082,547 $ 4,187,029 total fund balances $6,475,978 11 - Defined Benefit Pension Plan Plan Description The City of Marina contributes to the California Public Employees Retirement System (CalPERS), a cost-sharing multiple employer public employee defined benefit pension plan. PERS provides retirement and disability benefits, annual cost-of-living adjustments, and death benefits to plan members and beneficiaries. CalPERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by state statute and city ordinance. Copies of CalPERS annual financial report may be obtained from their Executive Office, 400 P Street, Sacramento, California 95814. Funding Status and Progress Prior to passage of the California Public Employees Pension Reform Act (PEPRA), Miscellaneous participants and public safety participants were required to contribute 48 8j(4) Pg. 62 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 7% and 9%, respectively, of their annual covered salary, while the City made the contributions required of city employees on their behalf and for their account. The City's required contributions were determined actuarially as a percentage of covered payroll for Miscellaneous and Safety members respectively, as follows for prior years: 2007/08 12.173% & 33.038%; 2008/09 9.044% & 19.27%; for 2009/10 8.902% & 18.813%; for 2010/11 8.6% & 18.0%; for 2011/12 10.059% & 24.112%; for 2012/13 10.238% & 24.706%. The PEPRA implemented new benefit formulas and final compensation periods as well as new employee and employer contribution requirements for 'new employees' hired on or after January 1, 2013. For the 2013/14 fiscal year, contribution rates for for classic (existing) Miscellaneous and Safety members were 10.781% & 26.149% respectively; for new Miscellaneous and Safety members contribution rates were 6.25% and 11.5% respectively, for both the employee and the employer. For 2014/15, contribution rates for classic (existing) Miscellaneous and Safety members are projected to be 11.522% & 27.849% respectively while 6.25% & 11.5% employee/employer contribution rates will remain in effect until June 30, 2015. For the 2015/16 fiscal year, Miscellaneous and Safety contribution rates for classic (existing) members are projected to be 12.4% and 29.9% for classic (existing members). Employee/employer contribution rates for new members will be revised in late 2014 for the 7/1/15 - 6/30/16 fiscal year. Please refer to the Pension Reform section of the CalPERS website for more information on pension reform, including information regarding when an employee will be considered a new member under PEPRA. Annual Pension Cost The City’s annual pension cost of $2,028,136 for PERS was equal to the City’s required and actual contributions. The required contribution was determined as part of the June 30, 2011, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions included: (a) a 7.5% investment rate of return (compounded annually, net of administrative expenses), (b) projected annual salary growth that varies by category, entry age and duration of service, from 3.30% to 14.20% depending on age, service and type of employment, (c) an inflation rate of 2.75%, and (d) a payroll growth rate of 3.00%. Three-Year Trend Information for PERS Fiscal Year 6/30/12 6/30/13 6/30/14 Annual Pension Cost (APC) $2,006,856 2,013,612 2,028,136 Percentage of APC Contributed 100% 100% 100% Net Pension Obligation $ 0 0 0 49 8j(4) Pg. 63 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Plan Actuarial Value and Funding Progress Effective for the 2005/06 fiscal year, PERS plans with fewer than 100 active members as of June 30, 2003 are required to participate in a risk pool. With the implementation of risk-pooling, PERS no longer provides stand-alone valuation reports. 12 - Post-Retirement Health Care Benefits Plan Description: The City of Marina participates in the California Public Employees Retirement System (CalPERS), a cost-sharing multiple employer public employee defined benefit pension plan. CalPERS provides postemployment medical insurance benefits to retirees and their spouses who meet plan eligibility requirements in accordance with various labor agreements. Employees are eligible for postretirement medical benefits upon reaching age 50 with a minimum of five years of service. Retirees can enroll in any of the available CalPERS medical plans, and City-provided benefits continue for the life of the retiree and surviving spouse. The City contributes the minimum amount provided under Government Code Section 22825 of the Public Employees Medical and Hospital Care Act ($101 per month for 2009, $105 per month in 2010, $108 per month in 2011, $112 per month in 2012, $115 per month in 2013, $119 per month in 2014, and is projected to be $122 in 2015. Thereafter, monthly contributions will increase to reflect changes in the medical care component of the Consumer Price Index) Retirees must pay any premium amounts in excess of the City contribution. For each bargaining unit, the minimum amount the City contributes is pro-rated over the 20-year period starting from that unit's CalPERS coverage. City's Funding Policy: The contribution requirements of plan members and the City are established and may be amended by the City Council. The contribution required to be made is based on a pay-as-you-go basis (i.e., as medical insurance premiums become due.) For fiscal year 2013-14, the City contributed $22,831 to the plan (100% of total current premiums). The City has not established a trust for the purpose of holding assets accumulated for plan benefits. Annual OPEB Cost and Net OPEB Obligation: The City's annual other postemployment benefit (OPEB) cost (expense) is calculated based on the annual required contribution of the employer (ARC), an amount actuarially determined in accordance with the parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal costs each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed thirty years. The following table shows the components of the City's annual OPEB cost for the 2013/14 fiscal year, the amount actually contributed to the plan, and changes in the City's net OPEB obligation for these benefits: 50 8j(4) Pg. 64 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 Annual required contribution (ARC) Interest on Net OPEB Obligation Adjustment to the ARC Annual OPEB Cost Less: Contributions made (pay-as-you-go cost) Increase in net OPEB obligation Net OPEB obligation - beginning of year Net OPEB obligation - end of year $ 241,161 37,800 -39,083 $ 239,878 -20,578 $ 219,300 844,580 $1,063,880 Funded Status and Funding Progress: At June 30, 2014, the funded status of the plan was as follows: Actuarial accrued liability (AAL) $ 2,260,356 Actuarial value of plan assets** 0 Unfunded actuarial accrued liability (UAAL) $ 2,260,356 ** GASB 45 requires that cash be placed in trust to be considered 'plan assets.' While the City has segregated $200,000 in a separate fund, the fund does not qualify as a trust, so the segregated cash is not treated as a 'plan asset.' Funded ratio (actuarial value of plan assets/AAL) Covered payroll (active plan members) UAAL as a percentage of covered payroll 0% $ 8,696,119 26.0% The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for the fiscal year ended June 30, 2013, and the preceding years were as follows: (2009/10 was the first GASB-45 year) cumulative Fiscal % of Net Year Annual Annual OPEB OPEB Ended OPEB Cost Cost Contributed Obligation 6/30/10 $205,257 4.75% $ 195,497 6/30/11 $224,416 5.22% $ 408,184 6/30/12 $244,877 5.77% $ 638,925 6/30/13 $221,072 6.97% $ 844,580 6/30/14 $239,878 8.58% $1,063,880 Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, present multi-year trend information about whether the actuarial value of plan assets is 51 8j(4) Pg. 65 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 increasing or decreasing over time relative to the actuarial liabilities for the benefits. Actuarial Methods and Assumptions: Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce the effects of short-term volatility in actuarial accrued liabilities and the actuarial assets, consistent with the long-term perspective of the calculations. The actuarial cost method used for determining the benefit obligations is the Entry Age Normal Cost Method. The actuarial assumptions included a 4.5 percent investment rate of return, which is the assumed rate of the expected long-term investment returns on plan assets calculated based on the funded level of the plan at the valuation date, and an annual healthcare cost trend rate of 4.5% including all inflation factors. The UAAL is being amortized as a level percentage of projected payroll over 30 years. Actuarial Valuation Date 6/30/10 6/30/11 6/30/12 6/30/13 6/30/14 SCHEDULE OF FUNDING PROGRESS Actuarial Accrued UAAL as a Actuarial Liability Unfunded % of Value of (AAL)AAL Funded Covered Covered Assets Entry Age (UAAL) Ratio Payroll Payroll (a) (b) (b-a) (a/b) (c) (b-a)/c) $0 $1,617,429 $1,617,429 0% $8,724,150 18.5% 0 1,816,336 1,816,336 0% 7,737,432 23.5% 0 2,029,646 2,029,646 0% 8,190,417 24.8% 0 2,059,801 2,059,801 0% 8,790,527 23.4% 0 2,260,356 2,260,356 0% 8,696,119 26.0% As the City’s OPEB benefits are administered by City personnel, no separate financial statements are issued. 13 - Deferred Compensation Plan The City offers its employees two deferred compensation plans created in accordance with California Code Section 53212 and Internal Revenue Code Section 457 under which employees can defer a portion of their salary until future years. The deferred compensation plan money is a deduction from the employees’ salary and is invested with independent retirement trustees. The trustees hold the amounts deferred and any related income on behalf of employees; therefore, the City does not report any deferred compensation in its financial statements. 52 8j(4) Pg. 66 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 14 - Commitments and Contingencies Contingent Liabilities The City receives funding from a number of federal, state and local grant programs, principally the Community Development Block Grants. These programs are subject to financial and compliance review by grantors. Accordingly, the City’s compliance with applicable grant requirements will be determined at some future date. Expenditures, if any, which may be disallowed by the granting agencies cannot be determined at this time. The City does not expect the undeterminable amounts of disallowed expenditures, if any, to materially affect the financial statements. Receipt of these federal, state and local grant revenues is not assured in the future. Litigation Various claims and lawsuits are pending against the City. Although the outcome of these claims and lawsuits is not presently determinable, in the opinion of the City’s counsel the resolution of these matters will not have a material adverse effect on the financial condition of the City. 15 - Risk Management The City is exposed to various risks of losses related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The City purchases liability, property, errors and omissions, and workers’ compensation insurance from the Monterey Bay Area Self Insurance Authority (MBASIA), a risk-sharing program. Under this program, coverage is provided for up to a maximum of $20,000,000 for each general liability claim less the City’s deductible of $10,000. Statutory coverage is provided for workers’ compensation claims. The City is assessed a contribution to cover claims, operating costs and claim settlement expenses based upon an actuarially determined rate for each coverage layer pool. Additional cash contributions may be assessed on the basis of adverse loss experience. If the events of the year result in a negative risk position, the members’ annual assessment may be increased in subsequent years. The City is unable to reasonably estimate the probability of MBASIA ending the year in a negative risk position. Refunds to members may be made if funds are determined to be surplus as a result of an actuarial study. The City currently reports liability risk management activities in the General Fund. Claims expenditures and liabilities are reported when it is probable that a loss has 53 8j(4) Pg. 67 CITY OF MARINA Notes to Financial Statements Year Ended June 30, 2014 occurred and the amount of that loss can be reasonably estimated. Workers compensation insurance costs are allocated to various departments proportionate to their total payroll. For the year ended June 30, 2014, the City paid a total of $1,138,399 to MBASIA for insurance coverage; $178,381 and $960,018 for liability and workers compensation insurance, respectively and did not receive a rebate from the program. 16 - Rental Income The City receives rents from several properties including Abrams B Apartments and Preston Park. Abrams B Apartments are owned by the City through its component unit, the Abrams B Non-Profit Corporation. During the 13-14 fiscal year, Abrams B generated $2,919,524 in rental income. The City also receives rents from Preston Park. During the 13-14 fiscal year, the City received $1,737,006 in rents from Preston Park. 17 - Subsequent Events At June 30, 2014, the unpaid principal balance of the Marina Greens Assessment District Limited Obligation Improvement Bonds was $155,000, due in September, 2014 and September, 2015 in the amounts of $75,000 and $80,000 respectively. The bond indenture required that when reserve fund cash was sufficient to retire all remaining bonds, the bonds be called and redeemed. Accordingly, in September, 2014, reserve fund cash was transferred to the trustee Union Bank, and all remaining outstanding bonds were redeemed. On November 4, 2014, Marina voters overwhelmingly passed two tax measures intended to enhance the City's general purpose revenues: Measure E eliminated the termination date of the previously temporary increase in the City's transient occupancy tax ('hotel tax') from 10% to 12%, approved by voters on November 2, 2010, making the increase permanent; and Measure F which extended the temporary 1% transactions and use tax ('sales tax') for ten years, now due to expire March 31, 2026. 54 8j(4) Pg. 68 OTHER SUPPLEMENTARY INFORMATION 8j(4) Pg. 69 CITY OF MARINA General Fund Combining Balance Sheet June 30, 2014 GASB-45 OPEB Obligation Fund General Fund ASSETS Cash and Investments - Unrestricted Cash - Restricted Prepaid Expenditures Accrued Receivables Interfund Receivables & Payables - Short-term Cash Flow Loans Loans & Notes Receivable Advances to Other Funds TOTAL ASSETS LIABILITIES Accounts Payable Accrued Payables Deposits and Other liabilities Unearned Revenue Advances from Other Funds TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - State of CA SB-90 Claims FUND BALANCES (DEFICITS) Nonspendable Restricted Committed Assigned Unassigned TOTAL FUND BALANCE (DEFICIT) $ 7,051,381 57 12,000 2,002,369 1,872,689 243,713 75,000 $ 11,257,209 $ $ $ $ 1,157,053 411,305 302,084 100,179 1,970,621 $ $ $ Marina Technology Cluster Fund 200,000 200,000 $ - 418,846 $ 545,361 180,782 8,141,599 8,867,742 $ $ 11,257,209 $ $ $ $ (13,571) (13,571) $ 5,739 11,800 2,255 19,794 - $ - $ $ 200,000 200,000 $ 200,000 Development Activity Fund $ Total 54,969 (1,632,470) $ (1,577,501) $ $ $ $ 7,251,381 57 12,000 2,057,338 226,648 243,713 75,000 9,866,137 $ 2,502 50,000 52,502 $ 1,165,294 411,305 313,884 102,434 50,000 2,042,917 $ - $ 418,846 $ $ (33,365) (33,365) $ (1,630,003) $ (1,630,003) $ 545,361 180,782 200,000 6,478,231 7,404,374 $ (13,571) $ (1,577,501) $ 9,866,137 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCE (DEFICIT) The notes to financial statements are an integral part of this statement -56- 8j(4) Pg. 70 CITY OF MARINA General Fund Combining Schedule of Revenues, Expenditures & Changes in Net Position Year Ended June 30, 2014 GASB-45 Marina General OPEB Obligation Technology Cluster Development Activity Fund Fund Fund Fund Total REVENUES Taxes $ 12,065,087 Fines and Penalties Licenses and Permits Investment Earnings Charges for Services, Grants & Other Program Revenues Other General Revenues Total Revenues $ 195,743 444,470 - $ - - $ - - $ 12,065,087 - 195,743 444,470 23,594 - 3 - 23,597 4,199,664 32,054 - 88,114 - 7,226 - 4,295,004 32,054 $ 17,055,955 $ 16,960,612 $ - $ 88,117 $ 7,226 $ $ - $ - $ - EXPENDITURES General Government Public Safety Public Works 2,333,193 10,209,287 1,983,541 Economic & Community Development Recreation & Cultural Services 997,544 891,308 Debt Service - Principal Retirement Debt Service - Interest and Other Debt Service Costs Total Expenditures EXCESS (DEFICIENCY) OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES(USES) Interfund Transfers In Interfund Transfers (Out) Total Other Financing Sources(Uses) 215,683 1,324,932 891,308 485,000 - - - 485,000 $ - $ 111,705 $ 215,683 131,754 $ 17,359,015 $ (71,015) $ - $ (23,588) $ (208,457) $ (303,060) $ 614,841 $ - $ $ $ - $ (5,000) (5,000) $ $ $ 40,838 (8,470) 32,368 $ (94,800) 520,041 655,679 (108,270) 547,409 1,068,800 $ FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR 111,705 2,333,193 10,209,287 1,983,541 131,754 $ 17,031,627 Special Item - Sale of Real Property EXCESS (DEFICIENCY) OF REVENUES & OTHER SOURCES OVER(UNDER) EXPENDITURES, OTHER USES & SPECIAL ITEM - $ 1,517,826 - $ 7,349,916 $ 8,867,742 - - $ 200,000 $ 200,000 $ (28,588) $ - $ (176,089) (4,777) (1,453,914) (33,365) $ (1,630,003) 1,068,800 # $ 1,313,149 6,091,225 $ 7,404,374 The notes to financial statements are an integral part of this statement -57- 8j(4) Pg. 71 CITY OF MARINA Non-major Governmental Funds Combining Balance Sheet June 30, 2014 Special Revenue Funds CDBG Housing CDBG ASSETS Cash and Investments Cash (Restricted) Accrued Receivables Notes Receivable TOTAL ASSETS $ $ 171,262 165,985 188,127 525,374 $ $ Streets 3,465 2 76,500 79,967 National Parks Recreation Services $ 242,792 83,474 $ 326,266 $ $ $ $ 394,144 213 394,357 LIABILITIES, DEFERRED INFLOWS AND FUND BALANCES LIABILITIES Accounts Payable Due to Other Funds (Short Term) Unearned Revenue TOTAL LIABILITIES DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - CDBG Business and Home Loans $ FUND BALANCES (DEFICITS) Nonspendable Restricted Committed Assigned Unassigned TOTAL FUND BALANCES (DEFICITS) TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES (DEFICITS) $ 15,000 225,843 240,843 $ $ $ $ - $ 188,127 $ 76,500 $ $ $ 3,467 3,467 $ $ 96,404 96,404 $ 525,374 $ 79,967 69,430 69,430 - $ 4,410 1,840 6,250 $ - 256,836 $ 256,836 $ $ 388,107 388,107 $ 326,266 $ 394,357 The notes to financial statements are an integral part of this statement -58.- 8j(4) Pg. 72 PEG $ $ $ $ $ $ Special Revenue Funds Monterey Cypress Seabreeze Bay Estates Cove II Ass'm't Ass'm't Ass'm't District District District Marina Woods Ass'm't District 134,711 24,087 158,798 24,087 24,087 - $ - $ $ $ $ $ 134,711 134,711 $ $ $ 158,798 $ 590 805 1,395 - (1,395) (1,395) - $ $ $ 1,317 1 1,318 $ $ $ $ 643 643 $ $ 2,076 2 2,078 $ $ 16,218 6 16,224 LockePaddon $ $ $ $ 93 93 - $ - $ - $ $ $ (858) (858) $ $ 675 675 $ 1,318 $ $ 1,985 1,985 $ $ 2,078 $ 17,082 17,082 CFD 2007-2 16,224 $ $ 24,383 14 24,397 2,759 2,759 - $ 21,638 21,638 $ 24,397 (continued) -58- 8j(4) Pg. 73 CITY OF MARINA Non-major Governmental Funds Combining Balance Sheet June 30, 2014 Capital Projects Park Facilities Airport ASSETS Cash and Investments Cash (Restricted) Accrued Receivables Notes Receivable TOTAL ASSETS $ $ 177,671 177,671 $ 82,930 50,707 133,637 $ $ Debt Service Funds Library Construction 2,196 1 2,197 $ - $ $ Library Bonds City General Obligation Bonds 872,319 400 872,719 $ 222,007 30 $ 222,037 $ - $ $ $ Marina Landing Bonds 318,821 133 318,954 $ $ $ $ $ Marina Greens Bonds Totals 43,423 20 43,443 $ 210,359 86 $ 210,445 $ - $ $ $ 1,864,883 794,610 452,125 264,627 3,376,245 LIABILITIES AND FUND BALANCES LIABILITIES Accounts Payable Due to Other Funds (S/T) Unearned Revenue TOTAL LIABILITIES $ DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - CDBG Loans $ $ - $ $ - FUND BALANCES (DEFICITS) Nonspendable $ $ Restricted 44,034 2,197 Committed Assigned Unassigned TOTAL FUND BALANCEs (DEFICITS) $ 44,034 $ 2,197 TOTAL LIABILITIES, DEFERRED INFLOWS OF RESOURCES AND FUND BALANCES (DEFICITS) $ 177,671 $ 2,197 $ $ - $ $ 600 600 $ 635 635 $ - $ - 872,719 $ 872,719 $ 221,437 $ 221,437 $ $ $ 222,037 872,719 $ $ 318,319 318,319 $ 318,954 - - $ $ - $ 218,259 277,355 1,840 497,454 $ 264,627 2,481,706 134,711 (2,253) 2,614,164 $ 210,445 $ 210,445 $ $ 43,443 43,443 $ 43,443 $ 210,445 $ $ 3,376,245 (concluded) The notes to financial statements are an integral part of this statement -59- 8j(4) Pg. 74 CITY OF MARINA Non-major Governmental Funds Combining Schedule of Revenues, Expenditures and Changes in Fund Balances Year Ended June 30, 2014 Special Revenue Funds National Parks Recreation CDBG CDBG Housing Streets Services REVENUES Taxes $ Investment Earnings - $ - 2,442 82 Grants, Service Charges & Other Program Revenues - Other Revenue - Total Revenues $ 2,442 $ - $ $ 851,682 $ - 128 1,049 - - 106,123 - 17,818 - 82 $ 869,628 $ 107,172 - $ 629,443 $ - EXPENDITURES Public Works $ Economic & Community Development 390,327 - - - - - - 188,964 Public Improvements - - - - Debt Service - Principal Retirement - - - - Debt Service - Interest & Fees - - - Recreation & Cultural Services Total Expenditures - $ 390,327 $ - $ 629,443 $ 188,964 $ (387,885) $ 82 $ 240,185 $ (81,792) - $ - $ EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Interfund Transfers In $ Interfund Transfers(Out) ( ) - $ (5,000) ( , ) Total Other Financing Sources (Uses) - $ (5,000) $ $ (392,885) $ ((7,000) , ) - $ 82 $ (7,000) 46,352 ((105,964) , ) $ (59,612) $ (141,404) $ 388,107 EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES - BEGINNING OF YEAR 489,289 FUND BALANCES - END OF YEAR $ 96,404 3,384 $ 3,466 233,185 23,651 $ 256,836 529,511 The notes to financial statements are an integral part of this statement -60- 8j(4) Pg. 75 Special Revenue Funds Marina PEG $ $ $ - $ Monterey Cypress CFD Woods Seabreeze Bay Estates Cove II 2007-2 Ass'mt Ass'm't Ass'm't Ass'm't Locke- District District District District Paddon - $ - $ - $ - $ - - 1 6 7 27 69 85,531 3,440 4,471 12,511 19,396 - - - - - - - 85,531 $ 3,441 $ 4,477 $ 12,518 $ 19,423 $ 69 - $ $ 14,869 5,677 $ 6,638 $ 13,158 $ 32,771 85,531 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $ 85,531 $ 5,677 $ 6,638 $ 13,158 $ 32,771 $ 14,869 $ - $ (2,236) $ (2,161) $ $ (13,348) $ (14,800) - $ $ $ $ $ $ $ $ - - ((326)) ((1,740) , ) ((2,871) , ) ((2,751) , ) - - $ (326) $ (1,740) $ (2,871) $ (2,751) $ - $ (2,562) $ (3,901) $ (3,511) $ (16,099) $ (14,800) $ 21,638 134,711 $ - (640) 134,711 1,167 $ (1,395) $ 4,576 5,496 675 $ 1,985 15,241 $ (858) - 36,438 (continued) -60- 8j(4) Pg. 76 CITY OF MARINA Non-major Governmental Funds Combining Schedule of Revenues, Expenditures and Changes in Fund Balances Year Ended June 30, 2014 Capital Projects Funds Airport Debt Service Funds City General Marina Marina Park Library Library Obligation Landing Greens Facilities Construction Bonds Bonds Bonds Bonds Totals REVENUES Taxes $ Investment Earnings Grants ,Service Chrgs & Other Program Revenues - $ 417,627 84 - $ 3 2,358 83 572 146 345 7,402 269,462 - - - - - 88,039 588,973 - - $ 69,450 $ - $ - $ 1,338,759 - - $ 269,546 $ 3 $ 2,358 $ 417,710 $ 70,022 $ 146 $ 88,384 $ 1,952,952 $ - $ - $ - $ $ - $ - $ - $ 702,555 Other Revenue - $ - - - 17,818 EXPENDITURES Public Works - Economic & Community Development - - - - - - - 475,858 Recreation & Cultural Services - - - - - - - 188,964 221,299 - - - - - - 221,299 - - - 20,000 45,000 190,000 70,000 325,000 Public Improvements Debt Service - Principal Retirement - 379,135 $ 221,299 $ - $ - $ 399,135 $ 65,655 $ 48,247 $ 3 $ 2,358 $ 18,575 $ 4,367 $ 46,000 $ - $ - $ - $ Debt Service - Interest & Fees - 20,655 6,454 $ 196,454 13,035 419,279 $ 83,035 $ $ (196,308) $ 5,349 $ $ $ - $ 2,332,955 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES (380,003) OTHER FINANCING SOURCES (USES) Interfund Transfers In - Interfund Transfers(Out) ( ) Total Other Financing Sources (Uses) $ - 46,000 $ 94,247 $ - - $ 3 $ ((2,535) , ) - $ 2,358 $ ((1,157) , ) (2,535) $ 16,040 $ (1,157) ((2,389) , ) $ ((1,181) , ) (2,389) $ $ (198,697) $ 92,352 ((132,914) , ) (1,181) $ 4,168 $ (40,562) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES $ (50,213) FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR $ 44,034 2,194 $ 2,197 $ 3,210 870,361 205,397 315,109 872,719 $ 221,437 $ 318,319 $ 242,140 206,277 43,443 $ 210,445 (420,565) 3,034,729 $ 2,614,164 (concluded) The notes to financial statements are an integral part of this statement -61- 8j(4) Pg. 77 CITY OF MARINA Fiduciary Funds Combining Schedule of Net Position June 30, 2014 Successor Agency Operating Fund ASSETS Cash and Cash Equivalents Prepaid Expenditures Accrued Receivables Advances (to)from Other Funds, Net Long-Term Receivable - State of California Capital Assets - Land TOTAL ASSETS LIABILITIES Accounts Payable Accrued Payables Due to City of Marina (Long Term) Bonds Payable: Due Within One Year Due in More Than One Year TOTAL LIABILITIES $ - $ $ Successor Agency Obligation Retirement Fund Successor Agency Housing Fund - $ - DEFERRED INFLOWS OF RESOURCES Unavailable Revenue - Property Taxes Received in Advance $ Net Position (Held in Trust for Successor Agency to the Marina Redevelopment Agency $ $ $ $ - $ - $ $ - - $ - $ $ Successor Agency Housing Assets Fund 928,387 12,113 286 (229,715) 510,000 1,221,071 $ 3,563 192 328,713 $ $ 20,000 490,000 842,468 - $ - $ $ Total 48,992 23 229,715 900,000 1,178,730 $ - $ $ 977,379 12,113 309 510,000 900,000 2,399,801 3,563 192 328,713 $ - $ 20,000 490,000 842,468 529,210 $ - $ 529,210 (150,607) $ 1,178,730 $ 1,028,123 The notes to financial statements are an integral part of this statement -62- 8j(4) Pg. 78 CITY OF MARINA Fiduciary Funds Combining Schedule of Changes in Fiduciary Net Position Year Ended June 30, 2014 Successor Successor Successor Agency Successor Agency Agency Obligation Agency Housing Operating Housing Retirement Assets Fund Fund Fund Fund Total ADDITIONS Property Taxes (Net of DOF True-Up Adjustment) $ - $ - $ 1,272,603 $ - $ 1,272,603 Investment Earnings 254 1 1,819 98 2,172 Property Tax In-Lieu - - 29,139 - 29,139 - 39,501 Net Assets Received on Dissolution of Redevelopment Agency 39,501 Interfund Transfers Total Revenues - 540,060 - (287,039) $ 579,815 $ $ 583,719 $ (287,038) (540,060) 287,039 - $ 763,501 $ 287,137 $ 1,343,415 $ 1,062,244 $ 8,407 $ 1,654,370 DEDUCTIONS ROPS Payments: Program Costs - Legal & Professional Fees - - 41,649 - 41,649 Employee Costs Occupancy & Operating Costs - - 102,287 117,005 - 102,287 117,005 Total Expenditures $ Change in Net Position NET POSITION - BEGINNING OF YEAR $ NET POSITION - END OF YEAR $ 583,719 (3,904) 3,904 - $ $ $ (287,038) 287,038 - $ 1,323,185 $ 8,407 $ 1,915,311 $ (559,684) 354,077 $ 278,730 955,000 $ (571,896) 1,600,019 $ (205,607) $ 1,233,730 $ 1,028,123 The notes to financial statements are an integral part of this statement -63- 8j(4) Pg. 79 December 3, 2014 Honorable Mayor and Members of the Marina City Council Agenda Item: 8m(1) City Council Meeting of December 16, 2014 CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2014-, APPROVING MAYOR’S 2015 RECOMMENDATION FOR MAYOR PRO TEM AND CITY COUNCIL MEMBER ASSINGMENTS TO VARIOUS COMMITTEES /COMMISSIONS /BOARDS REQUEST: It is requested that the City Council: 1. Consider adopting Resolution No. 2014-, approving Mayor’s 2015 recommendation for Mayor Pro Tem and City Council member assignments to various Committees/Commissions/Boards. BACKGROUND: Annually, the Mayor considers appointing a Mayor Pro Tem and makes recommendations for City Council Member assignments to various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies. ANALYSIS: Mayor Delgado has considered these appointments and is making recommendations for City Council member assignments to the various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies (“EXHIBIT A”). FISCAL IMPACT: None CONCLUSION: This request is submitted for City Council consideration and possible action. Respectfully submitted, ____________________________ Layne P. Long City Manager City of Marina 8m(1) Pg. 1 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING MAYOR’S 2015 RECOMMENDATION FOR MAYOR PRO TEM AND CITY COUNCIL MEMBER 2015 ASSIGNMENTS TO COMMITTEE/COMMISSION/BOARD ASSIGNMENTS WHEREAS, annually, the Mayor considers City Council Member assignments to various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies, and; WHEREAS, Mayor Delgado has considered these appointments and is making recommendations for City Council member assignments to the various commissions, boards and committees in special districts and organizations, joint powers authorities and other agencies (“Exhibit A”). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina hereby approve Mayor’s recommendations for Mayor Pro Tem and City Council member assignments to various commissions, committees and boards. PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16TH day of December 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: _______________________________ Bruce C. Delgado, Mayor _____________________________ Anita Flanagan, Deputy City Clerk 8m(1) Pg. 2 DRAFT - CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2015 – December 31, 2015 AGENCY 1) STIPEND City of Marina Mayor Pro Tem EXHIBIT A MEMBERS Frank O’Connell SPECIAL DISTRICTS 1) Fort Ord Reuse Authority (FORA) 2nd Friday, 4 p.m., FORA Conference Room Michael Houlemard, Executive Officer 920 2nd Street, Ste A Marina, CA 93933 Ph: 883-3672; Fax: 883-3675 E-Mail: Michael@fora.org No compensation Member: Gail Morton Member: Frank O’Connell Alternate: David W. Brown Alternate: Nancy Amadeo 2) Monterey Regional Waste Management District (MRWMD) 3rd Friday, 9:30 a.m., 14201 Del Monte Blvd, Marina William Merry, General Manager PO Box 609 Marina CA 93933 Ph: 384-5313; Fax: 384-3567 WebSite: www.mrwmd.org $50/Mtg Member: Bruce Delgado 4-year term through 2016 3) Northern Salinas Valley Mosquito Abatement District $60/Mtg (NSVMAD) 2nd Tuesday, 12 noon, Board of Trustees 342 Airport Blvd Salinas, CA 93905 Ph: 422-6438 (Salinas Office) 373-2483 (Marina Residents); Fax: 422-3337 Page 1 of 5 Member: Nancy Amadeo 4-year term through 2016 8m(1) Pg. 3 DRAFT - CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2015 – December 31, 2015 4) Monterey-Salinas Transit (MST) 2nd Monday, 10 a.m., One Ryan Ranch Rd, Monterey Carl Sedoryk, General Manager Monterey CA 93940 Ph: 393-8192; Fax: 899-3954 Web Site: www.mst.org $100/Mtg Member: Frank O’Connell Alternate: David Brown JOINT POWERS AUTHORITIES 1) Community Human Services Project (CHS) 3rd Thursday, 11 a.m. Sand City, City Hall, One Sylvan Park Robin McCrae, Executive Director PO Box 3076 Monterey CA 93942-3076 Ph: 658-3811; Fax: 658-3815 Web Site: www.chservices.org No compensation Member: Nancy Amadeo Alternate: Gail Morton 2) Association of Monterey Bay Area Governments (AMBAG) 2nd Wednesday, 7 p.m., Various Locations Maura Twomey, Executive Director PO Box 838 Marina CA 93933 Ph: 883-3750; Fax: 883-9155 E-Mail: info@ambag.org $50Mtg Member: David W. Brown Alternate: Bruce C. Delgado Page 2 of 5 8m(1) Pg. 4 DRAFT - CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2015 – December 31, 2015 SPECIALLY CONSTRUCTED ORGANIZATIONS 1) Monterey County Mayors Select Committee And Mayors’ Association 1st Friday, 12 noon, Various Locations Office of the Mayor Monterey City Hall Monterey CA 93940 Ph: 646-3760; Fax: 646-3702 No compensation Member: Bruce C. Delgado 2) Transportation Agency of Monterey County (TAMC) 4th Wednesday, 9 a.m. (December: 1st Wednesday) Salinas Community Center, 940 N Main St Debbie Hale, Executive Director 55-B Plaza Cr Salinas CA 93901-2902 Ph: 775-0903; Fax: 775-0897 No compensation Member: Bruce C. Delgado Alternate: Frank O’Connell 3) Transportation Agency of Monterey County (TAMC) Bicycle & Pedestrian Facilities Advisory Committee 55-B Plaza Cir., Salinas, CA 93901-2902 Ph: 647-7777 1st Wednesday 6:00 – 8:00 PM 4) Monterey County Convention & Visitors Bureau 3rd Wednesday, 4:00 p.m., various locations Wave Street Monterey, CA 93940 Ph: 657-6400 Fax: 648-5373 Bernard Green Dominick Askew 2-year term No compensation Page 3 of 5 Member: Jackie Behrick Alternate: Gail Morton 2-year term 8m(1) Pg. 5 DRAFT - CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2015 – December 31, 2015 PARTICIPATION WITH OTHER AGENCIES 1) Joint City/Marina Coast Water District No compensation Coordination Committee 1st Wednesday, 5 p.m., Marina City Hall Conference Room Jim Heitzman, General Manager 11 Reservation Road Marina CA 93933 Ph: 384-6131; Fax: 384-2479 E-Mail: jheitzman@mcwd.org Member: Gail Morton Member: David Brown Alternate: Bruce Delgado 2) Marina Coast Water District (MCWD) No compensation Conservation Commission 1st Monday, 5:30 p.m., Marina Coast Water Dist, 11 Reservation Rd Jim Heitzman, General Manager 11 Reservation Rd Marina CA 93933 Ph: 384-6131; Fax: 384-2479 Member: David Brown Alternate: Gail Morton 3) Marina Coast Water District No compensation Ord Community Ad Hoc Annexation Committee (OCAC) Jim Heitzman, General Manager 11 Reservation Rd Marina CA 93933 Ph: 384-6131; Fax: 384-2479 Member: Bruce C. Delgado Alternate: David Brown 4) Access Monterey Peninsula (AMP) 3rd Thursday, 5:30 p.m., 2200 Garden Rd, Monterey Paul Congo, Executive Director 2200 Garden Rd Monterey, CA 93940 Ph: 333-1267; Fax: 333-0386 E-Mail:congo@ampmedia.org Member: Nancy Amadeo No compensation Page 4 of 5 8m(1) Pg. 6 DRAFT - CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2015 – December 31, 2015 5) Monterey Peninsula Unified School District Governance Council Bi-Monthly Monday, 7:00 p.m., Various locations Ms. Leslie Codianne, Superintendent PO Box 1031 Monterey, CA 93942-1031 Ph: 645-1203; Fax: 649-4175 No compensation LIAISON TO CITY COMMISSIONS & COMMITTEES 1) Economic Development Commission (EDC) 1ST Thursday, 6:30 p.m., Council Chambers No compensation Member: Bruce C. Delgado Alternate: Frank O’Connell David Brown 2) Planning Commission (PC) 2nd & 4th Thursday, 6:30 p.m., Council Chambers Frank O’Connell 4) Public Works Commission 3rd Thursday, 6:30 p.m., Council Chambers Nancy Amadeo 5) Recreation & Community Services Commission 1st Wednesday, 6:15 p.m., Council Chambers Gail Morton APPROVED at a Regular Meeting of the City Council duly held on December 16, 2014 ___________________________ Bruce C. Delgado, Mayor ATTEST: __________________________ Anita Sharp, Deputy City Clerk Page 5 of 5 8m(1) Pg. 7 December 11, 2014 Honorable President and Members of the Marina Joint Powers Financing Authority Item No. 11(a) Joint Powers Financing Authority Meeting of December 16, 2014 RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 2014-, (JPA) ELECTING OFFICERS AND DIRECTING THE FILING OF NOTICES WITH SECRETARY OF STATE AND THE COUNTY CLERK RECOMMENDATION: It is recommended that the Joint Powers Financing Authority Board: 1. Consider adopting Resolution No. 2014-, (JPA), electing officers and directing the filing of notices with Secretary of State and the County Clerk. BACKGROUND: On July 10, 1990, the City Council and the Redevelopment Agency created a Joint Powers Financing Authority Agreement authorized under the Marks-Roos Local Bond Pooling Act of 1985. This action was previously done in 2005 wherein the then mayor and mayor pro-tem were elected as president and vice president, respectively. ANALYSIS: Pursuant to Article VI of the JPA Agreement, the Governing Board shall hold at least one regular meeting each year. The Governing Board shall fix by resolution the date upon which, and the hour and place at which, each regular meeting is to be held. Pursuant to Article VII of the JPA Agreement, the Governing Board of the Authority shall elect a President and Vice President from among its members at its first meeting. Thereafter, in the last meeting in each succeeding fiscal year, the Governing Board shall elect a president and vice president from among its members. Each Officer shall assume the duties of his or her office upon election. If either the president or vice president cease to be a Representative the resulting vacancy shall be filled at the next regular meeting of the Governing Board held after the vacancy occurs. In the absence or inability of the president to act, the vice president acts as president. The president shall preside at and conduct all meetings of the Governing Board. The Governing Board shall appoint an executive director, a secretary and treasurer/auditor of the Authority who may, but need not be, a Representative of the Governing Board. The treasurer/auditor shall be so qualified to hold such positions pursuant to Sections 6505.5 and 6505.6 of the California Government Code. The Governing Board may appoint such other officers as it considers necessary. Section 53051 of the Government Code of the State of California requires the filing of a public agency roster with the Secretary of State and the County Clerk of each county in which the public agency maintains an office within ten (10) days after the change in said roster of the public agency. FISCAL IMPACT: None 11a Pg. 1 CONCLUSION: This request is submitted for the Joint Powers Financing Authority and City Council consideration and possible action. Respectfully submitted, ___________________________ Anita Sharp Deputy City Clerk/Secretary City of Marina REVIEWED/CONCUR: _____________________________ Layne P. Long City Manager City of Marina Executive Director Successor Agency to the Former Marina Redevelopment Agency 11a Pg. 2 RESOLUTION NO. JPA 2014A RESOLUTION OF THE GOVERNING BOARD OF THE MARINA JOINT POWERS FINANCING AUTHORITY OF THE CITY OF MARINA TO ELECT OFFICERS, AND DIRECTING THE FILING OF NOTICES WITH SECRETARY OF STATE AND THE COUNTY CLERK WHEREAS, the City of Marina and the Marina Redevelopment Agency have heretofore approved the formation of the Marina Joint Powers Financing Authority (the “Authority”) through the execution of a joint exercise of powers agreement, dates as of July 1, 1990 (the “JPA Agreement”), by separate resolutions of each entity on July 10, 1990, and; WHEREAS, pursuant to Article VII of the JPA Agreement, the governing board of the Authority (the “Governing Board”) has elected, from among its members, a President and a Vice President, and; WHEREAS, pursuant to Article VII of the JPA Agreement, the Governing Board has appointed an Executive Director, a Secretary and a Treasurer/Auditor, and; WHEREAS, Section 53051 of the Government Code of the State of California requires the filing of a public agency roster with the Secretary of State and the County Clerk of each county in which the public agency maintains an office within ten (10 days after the change in said roster of the public agency, and; WHEREAS, the Governing Board desires to declare the results of the election and appointments referred to above, direct compliance with the JPA Agreement and the State of California law, and take certain other administrative actions in connection therewith. NOW, THEREFORE, BE IT RESOLVED, that the Governing Board of the Marina Joint Powers Financing Authority does hereby find, order and determine: 1. That the names of the officers duly elected by the Governing Board are set forth next to their respective offices as follows: Name Bruce C. Delgado Frank O’Connell 2. Office President Vice President That the names of the officers duly appointed by the Governing Board are set forth next to their respective offices or their successors in office as follows: Name Layne P. Long Anita Shepherd-Sharp Lauren Lai Office Executive Director Secretary Treasurer/Auditor 11a Pg. 3 Resolution No. JPA 2014Page Two 3. That the Executive Director prepare a public agency roster pursuant to the government Code Section 53051, which public agency roster shall be filed with the Secretary of State of the State of California and with the County Clerk of the County of Monterey no later than January 10, 2015. Such a public agency roster shall include the following information: a. The full legal name of the Authority. b. The official mailing address of the Governing Board of the Authority. c. The name and residence or business address of each member of the Governing Body of the Authority. d. The name, title, and residence or business address of the President and Secretary of the Governing Body of the Authority. 4. The Executive Director is hereby authorized to file an amended public agency roster with the Secretary of State of the State of California and with the County Clerk of the County of Monterey within ten (10) days after any changes in the facts required to be stated pursuant to Government Code Section 53051. PASSED AND DOPTED by the members of the Marina Joint Powers Financing Authority at a regular meeting duly held on the 16th day of December, 2014 by the following vote: AYES, MEMBERS: NOES, MEMBERS: ABSENT, MEMBERS: ABSTAIN, MEMBERS: ATTEST: _________________________ , President ________________________ Anita Sharp, Secretary 11a Pg. 4 December 4, 2014 Honorable Mayor and Members of the Marina City Council Honorable Chair and Members of the Abrams B Non-Profit Corporation Item No. 11b City Council Meeting of December 16, 2014 Abrams B NPC Meeting of December 16, 2014 CITY COUNCIL AND BOARD OF ABRAMS B NON-PROFIT CONSIDER ADOPTING RESOLUTION NO. 2014- AND RESOLUTION NO. 2014(NPC), APPROVING AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT BETWEEN CITY OF MARINA, CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION, AND ALLIANCE COMMUNITIES INC., FOR ABRAMS B HOUSING AREA, SUBJECT TO APPROVAL BY THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, AUTHORIZING CITY MANAGER/EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT ON BEHALF OF THE CITY AND THE NON-PROFIT CORPORATION SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY/NON-PROFIT CORPORATION LEGAL COUNSEL REQUEST: It is requested that the City Council and Board of Abrams B Non-Profit Corporation consider: 1. Adopting Resolution No. 2014- approving Amendment No. 8 to Management Agreement between the City of Marina, the City of Marina Abrams B Non-Profit Corporation (“Non-Profit Corporation”) , and Alliance Communities Inc., for Abrams B Housing Area, subject to final approval by the Federal National Mortgage Association, and; 2. Authorizing City Manager to execute Amendment No. 8 to Management Agreement on behalf of the City subject to final review and approval by the City Attorney; 3. Adopting Resolution No. 2014- (NPC), approving Amendment No. 8 to Management Agreement between the City of Marina, the Non-Profit Corporation, and Alliance Communities, Inc., subject to final approval by the Federal National Mortgage Association, and; 4. Authorizing the Executive Director to execute Amendment No. 8 to Management Agreements on behalf of the Non-Profit Corporation subject to final review and approval by the Non-Profit Corporation Legal Counsel. BACKGROUND: The City is the owner of the Abrams B housing area and the Abrams B Non-Profit Corporation is the lessee of the property. In 2006, in connection with financing arrangement for Abrams B housing, the Non-Profit Corporation was required by the Federal National Mortgage Association (“Fannie Mae”), acting as the credit enhancer for the financing arrangement, to enter into a conditional assignment of the Management Agreement whereby in the event of a default in the financing arrangement the Management Agreement would be assigned to Fannie Mae. Any termination and all subsequent amendments to the Management Agreement are subject to the 11b Pg. 1 prior written approval of Fannie Mae. Fannie Mae approved the Management Agreement with Alliance Communities, Inc., and all amendments to date to the Management Agreement. At a regular meeting of October 16, 2007, the City Council adopted Resolution No. 2007-249 and the Non-Profit Corporation Board adopted Resolution No. 2007-01 (NPC) approving the Management Agreement with Alliance Residential LLC (which became Alliance Communities Inc. in May 2009) for management of the Abrams housing area. The term of the Agreement was for three (3) years, from January 1, 2008 to December 31, 2011. On December 27, 2007, Amendment No. 1 to the Management Agreement for Abrams Park was executed by the City Manager on behalf of the City and the Executive Officer on behalf of the Abrams B Non-Profit Corporation. The Amendment modified the term of the Agreement to two (2) years, to December 31, 2010, with an option for extension of an additional one-year term from January 1, 2011 to December 31, 2011, and added an early termination clause. At a regular meeting of July 7, 2010, the City Council adopted Resolution No. 2010-108 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-1 (NPC) which approved Amendment No. 2 to the Management Agreement. Requested by the Finance Director, Amendment No. 2 amended the audit requirements to permit a two (2) year audit instead of an annual audit, resulting in cost savings. At a special meeting on December 14, 2010, the City Council adopted Resolution No. 2010-199 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-05 (NPC) which approved Amendment No. 3 to the Management Agreement. Amendment No. 3 exercised the option provided in Amendment No. 1 and extended the term of the Agreement from December 31, 2010 to December 31, 2011. At a regular meeting of February 15, 2011, the City Council adopted Resolution No. 2011-27 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-01 (NPC) which approved Amendment No. 4 to the Management Agreement. Amendment No. 4 deleted the Incentive Fee clause, amended the Capital Improvements Management Fee, revised record keeping and monthly reporting requirements, defined affordable rents, revised the requirements for bank accounts and their signatories, updated the priority preferences for resident selection, and amended the Grievance Procedure. At a regular meeting of December 4, 2011, the City Council adopted Resolution No. 2011- 206 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-10 (NPC) which approved Amendment No. 5 to the Management Agreement. Amendment No. 5 extended the term of the Agreement from December 31, 2011 to December 31, 2012. At a regular meeting of December 4, 2012, the City Council adopted Resolution No. 2012-184 and the Abrams B Non-Profit Corporation Boar adopted Resolution No. 2012-15 (NPC) which approved Amendment No.6 to the Management Agreement. Amendment No. 6 extended the term of the Agreement from December 31, 2012 to December 31, 2013. At a regular meeting of December 17, 2013, the City Council adopted Resolution No. 2013-191 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2013-08 (NPC) which approved Amendment No. 7 to the Management Agreement. Amendment No. 7 extended the term of the Agreement from December 31, 2013 to December 31, 2014. 11b Pg. 2 The current Management Agreement terminates on December 31, 2014. As proposed, Amendment No. 8 would extend the term of the Management Agreement to December 31, 2015 (“EXHIBIT A”). Item 10 in the Scope of Services of the Abrams Park Management Agreement states that Alliance is required to make periodic reports to the City “through regular contact and formal meetings as to the current status of all operations so that the Agent City may make proper and timely decisions on all strategic matters.” ANALYSIS: The proposed Amendment No. 8 would extend the term from December 31, 2014 to December 31, 2015. If the term is not extended beyond December 31, 2014, there will be no legal entity empowered to collect rents and administer the property on and after January 1, 2015. No other change to the Management Agreement, as amended, would be made by Amendment No. 8. While Item 10 of the Scope of Services of the Abrams Park Management Agreement states that the City may review Alliance’s performance at any time, the City Council may direct staff to conduct a performance review within a specific timeframe. FISCAL IMPACT: Should the City Council and Abrams B Non-Profit Corporation Board approve the request, Amendment No. 8 does not change the compensation to Alliance under the Management Agreement and rental revenue would continue to be collected on and after January 1, 2015 until December 31, 2015. CONCLUSION: This request is submitted for City Council and Non-Profit Corporation Board consideration and possible action. Respectfully submitted, _________________________________ Layne P. Long City Manager City of Marina 11b Pg. 3 RESOLUTION NO. 2014A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT BETWEEN THE CITY OF MARINA, CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION AND ALLIANCE COMMUNITIES INC., FOR ABRAMS B HOUSING AREA, SUBJECT TO FINAL APPROVAL BY THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY WHEREAS, at a regular meeting of October 16, 2007, the City Council adopted Resolution No. 2007-249 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2007-01 (NPC) approving the Management Agreement with Alliance Residential LLC (which became Alliance Communities Inc. in May 2009) for management of the Abrams B housing area, and the term of the Agreement was for three (3) years, from January 1, 2008 to December 31, 2011, and; WHEREAS, on December 27, 2007, Amendment No. 1 to the Management Agreement for Abrams Park was executed by the City Manager on behalf of the City and the Executive Officer on behalf of the Abrams B Non-Profit Corporation and the Amendment modified the term of the Agreement to two (2) years to December 31, 2010, with an option for extension of an additional one-year term from January 1, 2011 to December 31, 2011, and added an early termination clause, and; WHEREAS, at a regular meeting of July 7, 2010, the City Council adopted Resolution No. 2010199 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-1 (NPC) which approved Amendment No. 2 to the Management Agreement for Abrams B, which was requested by the Finance Director to amend the audit requirements to permit a two (2) year audit instead of an annual audit, resulting in cost savings, and; WHEREAS, at a special meeting on December 14, 2010, the City Council adopted Resolution No. 2010-199 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-05 (NPC) which approved Amendment No. 3 to the Management Agreement, which exercised the option provided by Amendment No. 1 and extended the term of the Agreement from January 1, 2011 to December 31, 2011, and; WHEREAS, at a regular meeting of February 15, 2011, the City Council adopted Resolution No. 2011-27 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-01 (NPC) which approved Amendment No. 4 to the Management Agreement, which deleted the Incentive Fee clause, amended the Capital Improvements Management Fee, revised record keeping and monthly reporting requirements, defined affordable rents, revised the requirements for bank accounts and their signatories, updated the priority preferences for resident selection, amended the Grievance Procedure, and; WHEREAS, at a regular meeting of December 6, 2011, the City Council adopted Resolution No. 2011-206 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-10 (NPC) which approved Amendment No. 5 to the Management Agreement, which extended the term of the Management Agreement from January 1, 2012 to December 31, 2012, and; WHEREAS, at a regular meeting of December 4, 2012, the City Council adopted Resolution No. 2012-184 and the Abrams B Non-Profit Corporation Boar adopted Resolution No. 2012-15 (NPC) which approved Amendment No.6 to the Management Agreement. Amendment No. 6 extended the term of the Agreement from December 31, 2012 to December 31, 2013. 11b Pg. 4 Resolution No. 2014Page Two WHEREAS, at a regular meeting of December 17, 2013, the City Council adopted Resolution No. 2013-191 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2013-08 (NPC) which approved Amendment No. 7 to the Management Agreement. Amendment No. 7 extended the term of the Agreement from December 31, 2013 to December 31, 2014. WHEREAS, pursuant to the Assignment Agreement, the Management Agreement may not be terminated or amended without the prior written consent of the Federal National Mortgage Association (“Fannie Mae”), and; WHEREAS, Item 10 in the Scope of Services of the Abrams Park Management Agreement states that Alliance is required to make periodic reports to the City “through regular contact and formal meetings as to the current status of all operations so that the Agent City may make proper and timely decisions on all strategic matters,” and while Item 10 of the Scope of Services of the Abrams Park Management Agreement states that the City may review Alliance’s performance at any time, the City Council may direct staff to conduct a performance review within a specific timeframe, and; WHEREAS, Amendment No. 8 does not change the compensation to Alliance under the Management Agreement and rental revenue would continue to be collected on and after January 1, 2015 until December 31, 2015. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby: 1. Approve Amendment No. 8 to the Management Agreement between the City of Marina, the City of Marina Abrams B Non-Profit Corporation and Alliance Communities Inc. for Abrams B Housing Area (Exhibit A) extending the term of the Management Agreement to December 31, 2014, subject to final approval by the Federal National Mortgage Association, and; 2. Authorize the City Manager to execute Amendment No. 8 to the Management Agreement for Abrams B on behalf of the City, subject to final review and approval by Fannie Mae and the City Attorney. PASSED AND ADOPTED by the City Council at a regular meeting duly held on the 16th day of December, 2014, by the following vote: AYES, COUNCIL MEMBERS: NOES, COUNCIL MEMBERS: ABSENT, COUNCIL MEMBERS: ABSTAIN, COUNCIL MEMBERS: Bruce C. Delgado, Mayor ATTEST: Anita Flanagan, Deputy Clerk 11b Pg. 5 RESOLUTION NO. 2014- (NPC) A RESOLUTION OF THE ABRAMS B NON-PROFIT CORPORATION APPROVING AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT BETWEEN CITY OF MARINA, CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION AND ALLIANCE COMMUNITIES INC., FOR ABRAMS B HOUSING AREA, SUBJECT TO FINAL APPROVAL BY THE FDERAL NATIONAL MORTGAGE ASSOCIATION, AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT NO. 6 TO MANAGEMENT AGREEMENT ON BEHALF OF THE NON-PROFIT CORPORATION SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY ACTING AS CORPORATION LEGAL COUNSEL WHEREAS, the Abrams B Non-Profit Corporation (“Non-Profit Corporation”) is the lessee of the Abrams B housing area, and; WHEREAS, at the time of the Abrams B financing in 2006, the Non-Profit Corporation and Mid Peninsula Housing Coalition, the Abrams B Property management company at that time, were required to execute an Assignment of Management Agreement with the Federal National Mortgage Association [hereinafter referred to as ‘Fannie Mae’] (“Assignment Agreement”), the credit enhancer whereby the Corporation consented to the assignment of the Management Agreement to Fannie Mae in the event of a default on the loan, and; WHEREAS, at a regular meeting of October 16, 2007, the City Council adopted Resolution No. 2007-249 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2007-01 (NPC) approving the Management Agreement with Alliance Residential LLC (which became Alliance Communities Inc. in May 2009) for management of the Abrams B housing area, and the term of the Agreement was for three (3) years, from January 1, 2008 to December 31, 2011, and; WHEREAS, on December 27, 2007, Amendment No. 1 to the Management Agreement for Abrams Park was executed by the City Manager on behalf of the City and the Executive Officer on behalf of the Abrams B Non-Profit Corporation and the Amendment modified the term of the Agreement to two (2) years to December 31, 2010, with an option for extension of an additional one-year term, and added an early termination clause, and; WHEREAS, at a regular meeting of July 7, 2010, the City Council adopted Resolution No. 2010199 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-1 (NPC) which approved Amendment No. 2 to the Management Agreement for Abrams B, which was requested by the Finance Director to amend the audit requirements to permit a two (2) year audit instead of an annual audit, resulting in cost savings, and; WHEREAS, at a special meeting on December 14, 2010, the City Council adopted Resolution No. 2010-199 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2010-05 (NPC) which approved Amendment No. 3 to the Management Agreement, which exercised the option provided by Amendment No. 1 and extended the term of the Agreement from January 1, 2011 to December 31, 2011, and; WHEREAS, at a regular meeting of February 15, 2011, the City Council adopted Resolution No. 2011-27 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-01 (NPC) which approved Amendment No. 4 to the Management Agreement, which deleted the Incentive Fee clause, amended the Capital Improvements Management Fee, revised record keeping and monthly reporting requirements, defined affordable rents, revised the requirements for bank accounts and their signatories, updated the priority preferences for resident selection, amended the Grievance Procedure, and; 11b Pg. 6 Resolution No. 2014- (NPC) Page Two WHEREAS, at a regular meeting of December 6, 2011, the City Council adopted Resolution No. 2011- 206 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2011-10( NPC) which approved Amendment No. 5 to the Management Agreement, which extended the term of the Management Agreement to December 31, 2012, and; WHEREAS, at a regular meeting of December 4, 2012, the City Council adopted Resolution No. 2012-184 and the Abrams B Non-Profit Corporation Boar adopted Resolution No. 2012-15 (NPC) which approved Amendment No.6 to the Management Agreement. Amendment No. 6 extended the term of the Agreement from December 31, 2012 to December 31, 2013. WHEREAS, at a regular meeting of December 17, 2013, the City Council adopted Resolution No. 2013-191 and the Abrams B Non-Profit Corporation Board adopted Resolution No. 2013-08 (NPC) which approved Amendment No. 7 to the Management Agreement. Amendment No. 7 extended the term of the Agreement from December 31, 2013 to December 31, 2014. WHEREAS, the current Management Agreement terminates on December 31, 2014, and; WHEREAS, pursuant to the Assignment Agreement, the Management Agreement may not be terminated or amended without the prior written consent of the Federal National Mortgage Association, and; WHEREAS, Item 10 in the Scope of Services of the Abrams Park Management Agreement states that Alliance is required to make periodic reports to the City “through regular contact and formal meetings as to the current status of all operations so that the Agent City may make proper and timely decisions on all strategic matters,” and while Item 10 of the Scope of Services of the Abrams Park Management Agreement states that the City may review Alliance’s performance at any time, the City Council may direct staff to conduct a performance review within a specific timeframe, and; WHEREAS, Amendment No. 8 does not change the compensation to Alliance under the Management Agreement and rental revenue would continue to be collected on and after January 1, 2015 until December 31, 2015. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the City of Marina Abrams B Non-Profit Corporation does hereby: 1. Approve Amendment No. 8 to the Management Agreement with Alliance Communities Inc. for Abrams B Housing Area (Exhibit A) extending the term of the management Agreement to December 31, 2015, subject to final approval by the Federal National Mortgage Association, and; 2. Authorize the Executive Director to execute Amendment No. 8 to the Management Agreement for Abrams B and the Assignment of Management Agreement on behalf of the Corporation subject to final review and approval by the Non-Profit Corporation’s Legal Counsel. 11b Pg. 7 Resolution No. 2014- (NPC) Page Three PASSED AND ADOPTED by the Board of Directors of the City of Marina Abrams B NonProfit Corporation at a regular meeting duly held on the 16th day of December, 2014, by the following vote: AYES, BOARD MEMBERS: NOES, BOARD MEMBERS: ABSENT, BOARD MEMBERS: ABSTAIN, BOARD MEMBERS: Bruce C. Delgado, Chair ATTEST: Anita Flanagan, Deputy Board Secretary 11b Pg. 8 EXHIBIT A AMENDMENT NO. 8 TO MANAGEMENT AGREEMENT FOR ABRAMS B HOUSING AREA This Amendment No. 8 ("Amendment No. 8") to the Management Agreement by and between the City of Marina, a California charter city, hereinafter referred to as "City," and the City of Marina Abrams B Non-Profit Corporation, a California nonprofit public benefit corporation. City and City of Marina Abrams B Non-Profit Corporation are herein collectively referred to as "Owners," and Alliance Communities Inc., a Delaware corporation, hereinafter referred to as "Operator" is made and entered into as of the day of December, 2014. Only the numbered paragraph of said Agreement which is being amended or deleted is set forth in this Amendment. Recitals A. On October 16, 2007, the Owners entered into an Agreement ("Agreement") with Operator for services related to management of the property commonly known as Abrams B Housing Area consisting of one hundred ninety four (194) units ("Units") located in Marina, CA 93933 (the "Property"). B. On December 24, 2007, Owners and Operator entered into Amendment No. 1 to the Management Agreement modifying the term of the Agreement to two (2) years, to December 31, 2010, with an option for extension of an additional one-year term, and added an early termination clause. C. On July 7, 2010, the Owners and Operator entered into Amendment No. 2 to the Management Agreement amending the audit requirements to permit a two (2) year audit instead of an annual audit. D. On December 14, 2010, the Owners and Operator entered into Amendment No. 3 to the Management Agreement exercising the option provided by Amendment No. 1 and extending the term of the Agreement to December 31, 2011. E. On February 15, 2011, the Owners and Operator entered into Amendment No. 4 to the Management Agreement deleting the Incentive Fee clause, amended the Capital Improvements Management Fee, revising record keeping and monthly reporting requirements, defining affordable rents, revising the requirements for bank accounts and signatories, updating the priority preferences for resident selection, and amended the Grievance Procedure. F. On December 4, 2011, Owners and Operator entered into Amendment No. 5 to the Management Agreement extending the term of the Management Agreement to December 31, 2012. G. On December 1 7 , 2012, Owners and Operator entered into Amendment No. 6 to the Management Agreement extending the term of the Management Agreement to December 31, 2013. H. On December 1 7 , 2013, Owners and Operator entered into Amendment No. 7 to the Management Agreement extending the term of the Management Agreement to December 31, 2014. 11b Pg. 9 Terms and Conditions In consideration of the mutual promised contained herein, Owners and Operator agree that the terms and conditions set forth herein are incorporated into the Agreement. 1. Section 2.1. Term is amended to read in its entirety as follows: "The term of this Agreement shall commence on January 1, 2008, and shall continue to and including December 31, 2015 unless terminated earlier as provided herein or extended in writing by mutual agreement thereto." All other provisions of the Agreement shall remain in full force and effect. This Amendment may be signed in counterparts, each of which shall constitute an original. [Signature page follows] 11b Pg. 10 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. CITY OF MARINA AND CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION “OWNERS” By: _______________________________ Layne P. Long, City Manager, Executive Officer Date: ________________, 2014 Attest: (Pursuant to Resolution No. 2014- and Resolution No. 2014- (NPC) By: Anita Sharp, Deputy City Clerk/Board Secretary Approved as to Form _____________________ City Attorney/Legal Counsel Approved: Federal National Mortgage Association By: Citibank, N.A., as Servicer BY: ___________________________ Name: _________________________ “OPERATOR”: ALLIANCE COMMUNITIES INC. By: __________________________________________ Name: Brad Cribbins Title: Chief Operating Officer Date: __________, 2014 11b Pg. 11