Marina Municipal Code Ch. 3.35 Marina Special Tax District Financing Code

Sections: Findings and intent. Incorporation of Mello-Roos Act. Additional powers of community facilities districts. Provisions of Mello-Roos Act that are not applicable. Provisions of Mello-Roos Act that are modified.

A. The city council finds that the provision of publicly accessible community spaces in the city of Marina and other publicly accessible facilities is of primary importance to the health and welfare of the residents of the city of Marina; and that the provision of such community spaces and facilities and restrooms is sometimes more efficiently provided by private property owners and community associations; and that the provision of publicly accessible community spaces and publicly accessible facilities and restrooms is a municipal purpose. B. The city council finds that the Mello-Roos Community Facilities Act of 1982, as amended, constituting Sections 53311 et seq. of the California Government Code (the “Mello-Roos Act”) provides for the financing of certain public improvements and municipal services needed for developing areas in the state of California, but does not expressly provide for the financing of the cost of maintenance of privately owned facilities being made available for access and use by the public pursuant to a contractual agreement with the city of Marina, recorded covenants, conditions and restrictions, or conditions of land use entitlements. C. The city council desires to provide a means to finance the cost of maintenance of privately owned facilities being made available for access and use by the public pursuant to a contractual agreement with the city of Marina, recorded covenants, conditions and restrictions or conditions of land use entitlements, and to otherwise provide for an efficient means to form community facilities districts under the Mello-Roos Act, as included in this chapter and as otherwise supplemented and amended hereby. (Ord. 2024-08 § 1, 2024)

A. Except as provided in this chapter, the provisions of the Mello-Roos Act are by this reference incorporated herein. B. In the event of any conflict between the provisions of this chapter and the provisions of the Mello-Roos Act or any other provision of law, the provisions of this chapter shall prevail. (Ord. 2024-08 § 1, 2024)

In addition to the services authorized to be financed by a community facilities district as described in Section 53313 of the California Government Code (the “Mello-Roos Act”), a community facilities district formed under the provisions of this chapter may finance: maintenance and lighting of publicly accessible plazas and courtyards, including landscaping and public art, and publicly accessible restroom facilities, including such areas and facilities that are owned by a private entity, if the facilities are made accessible to the public pursuant to a contractual agreement with the city of Marina, recorded covenants, conditions and restrictions or conditions of land use entitlements. (Ord. 2024-08 § 1, 2024)

A. Notwithstanding Section 3.35.020, the following provisions of the Mello-Roos Act shall not apply to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this section (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the city council of the ordinance codified in this chapter: (1) Section 53312; (2) Section 53332; (3) Section 53333; and (iv) Section 53343.1. B. In addition to the foregoing, the portions of the following provisions of the Mello-Roos Act shall not apply to community facilities districts formed under the authority of this chapter (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the city council of the ordinance codified in this chapter: 1. The second to last paragraph of Section 53313; and 2. The last sentence of Section 53326(b). (Ord. 2024-08 § 1, 2024)

Notwithstanding Section 3.35.020, the following provisions of the Mello-Roos Act shall apply, as modified as set forth below, to community facilities districts formed under the authority of this chapter, or otherwise to extensions of authorized facilities and services, changes in special taxes, annexations of territory, levies of special taxes, or the incurrence of bonded indebtedness with respect to community facilities districts formed under the authority of this section (all references below to sections are to sections of the California Government Code, as in effect on the date of adoption by the city council of Ordinance No., 1479): A. The reference to “not less than 30” in Section 53321(e) is hereby modified to be “not less than 10;” B. The reference to “at least 90 days” in Section 53326(a) is hereby modified to be “at least 45 days;” C. The reference to “not be less than 30” in Section 53334 and in Section 53339.3 is hereby modified to be “not to be less than 10;” D. The reference to “pursuant to this chapter” in Section 53340(d) is hereby modified to be “pursuant to the Mello-Roos Act or Chapter 3.35 of the Marina Municipal Code;” and E. The reference to “authorized by this chapter” in Section 53343 is hereby modified to be “authorized by the Mello-Roos Act or Chapter 3.35 of the Marina Municipal Code.” (Ord. 2024-08 § 1, 2024)

The Marina Municipal Code is current through Ordinance 2026-06, passed May 19, 2026. Disclaimer: The city clerk’s office has the official version of the Marina Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: cityofmarina.org Hosted by General Code.