By now you may have heard about the “MST issue” facing East Garrison (EG) homeowners. It’s a big issue that’s bubbling up. It’s not a lawsuit yet. But, it will hit us in our wallets soon if we don’t come together and act now.
The issue has been brewing for years. But, recent actions by MST (Monterey-Salinas Transit) have brought things to a head. In the MST July 7, 2024 board packet (page 85), MST proposed that,
"the [East Garrison] HOA buy monthly passes and distribute to any East Garrison resident interested in commuting by bus.
You may ask, “Why on Earth would the MST think that the HOA should buy bus passes ($52/month) for all 3,000 people (at potential annual cost of $1.87 M) who rent or own in East Garrison?”
You may ask, “Why should I, as a homeowner, be made to pay for bus passes on top of paying taxes that already fund the MST? Isn’t that double taxation?”
That's a reasonable question. MST revenue (per page 37 of 2024 / 25 budget) is appx. 96% state funds, federal funds and sales tax. The rest is mostly passenger fares. EG homeowners (and residents and all taxpayers) already pay into all those revenue sources.
So, what can we as individuals do to stop this double taxation? HOA, Share your opinions, and data such as this petition with 70+ signatures and these Survey Results graphs with responses by150 East Garrison Residents, with the MST, CSD and the County Board of Supervisors.
What else can an individual do to respond to MST proposal’s and their request for County enforcement against the HOA?
We can come together and:
1. Express opposition to the MST proposal at Board of Supervisors Meetings on Tuesdays at 9am in person in Salinas or on Zoom and at MST Board meetings, 2nd Tuesdays at 10am.
2. Put forward our own ideas
3. Organize Townhall meetings
4. Call for all parties to come to the table for an open conversation with public participation
5. Ask MST and all parties to adopt a resolution that defines “transit services” in a way that works for all parties
To learn more about this issue and how to take action, please read the FAQ below.
Thank you for reading this blog post put together by East Garrison Neighbors. We hope that the opinions and links to information is helpful to you as you consider this important issue.
FAQ
Q: What gives the MST authority to insist that the HOA buy bus passes for all residents?
A: One vague sentence in a 2006 public document called an Urban Services Agreement (USA). The sentence says that, the HOA shall "fund local and regional transit"
It also says that “the County will require HOAs to provide and/or fund the following Public Services…”
There is no definition of "fund" or "transit"
Q: What is the 2006 Urban Services Agreement (USA)
A: On this County webpage, you’ll find the USA signed in 2006. The guiding principle of EG development was that EG be “cost neutral” to the County. So, the USA outlines how public services will be provided to EG residents without the County paying for it. Page 6 of the USA spells it out in a simple table. Essentially, it shows how:
the EG CSD (Community Services District) funded by homeowner Mello-Roos fees pays for things like Sheriff and parks and fire protection
Property taxes (rather than going into General Fund) primarily pay for an EG library
HOA pays for private roadway and “transit services”
Page 3 section 5(a)(ii)says of the HOA: “In coordination with Monterey-Salinas Transit District ("MST"), fund local and regional transit services and maintain transit facilities including transit stops, on East Garrison private roads .”
Q: Who signed the USA?
A: The original USA was signed in 2006 by one party who was wearing two hats. The County Board of Supervisors signed on behalf of itself and behalf of the CSD, which didn't exist yet.
The USA was amended in 2013 to add the HOA as a signatory. The developer, Benchmark, signed on behalf of the HOA which didn't exist yet.
The USA was amended again in 2017 to reflect transfer of ownership of parks in EG from the HOA to the CSD
Q: Are there any other relevant public documents?
A: Yes.
Century Communities; Revised Specific Plan conditionally approved on 6/25/24 by the County Board of Supervisors is relevant. It states that “MST and CSUMB should collaborate” to ensure that the EG is well served with transit. (Section 1, Page 4. Environmental Goals). It also says there will be a transit stop in the Town Center which is should be built by 2030. (Proximity to public transit supports CHISPA’s application for the tax credits needed to build the affordable housing on the Town Center 2nd story)
The Fiscal Impact Assessment updated in 2013 is also relevant. Page 6 reads, “It is anticipated that the HOA will fund the marginal difference between service costs and standard tax revenues allocated to MST.” Other relevant statements and cost estimates are on Pages 12, 14 and table 9. Costs assume MST service would start in 2014. But, the first bus service began in 2022 with route 60. (The Assessment is outdated in other ways too and may benefit from an update.)
Q: What is the status of challenging MST’s proposal?
A: Per a letter posted in the EG Resident portal, the HOA's prior law firm notified the County (CAO) with copy to MST that the HOA rejects MST’s interpretation of “shall fund transit services”. MST has asked the County, as recently as June 2024, to help bring the HOA "into compliance" by going along with the MST's interpretation.
Q: What are some possible definitions of “transit services”
A. “Transit Services” covers items such as bus, shuttle, taxi, bike, scooters and more as seen on the MST website and CSUMB website
Q: How do East Garrison homeowners define “transit services” and their transit needs?
A: See the 150 responses to September 2024 Survey.
Do you have ideas about transit needs and solutions for East Garrison?
Do you have thoughts on whether EG homeowners should pay for transit on top of taxes they already pay that fund MST?
Below is a list of meeting where public comments are heard.
Consider attending and in order to:
1. Express opposition to the MST proposal that homeowners fund bus passes for 3,000 (regardless of whether homeowners pay via HOA dues or CSD Mello-Roos fees)
2. Put forward your own ideas on how to define transit and EG transit needs
3. Ask for parties to facilitate public hearings
4. Ask all parties to come to the table for an open conversation in public
5. Ask MST and all parties to adopt a resolution that defines “transit services” in a way that works for all parties
County Board of Supervisors:
Meets every Tuesday at 9 a.m. Join via Zoom: https://montereycty.zoom.us/j/224397747 or in person at 168 West Alisal Street, Salinas on the 2nd floor
MST
Meets on the 2nd Monday of each month at 10 a.m.Join via Zoom or in person at 19 Upper Ragsdale Dr., Suite 100
CSD
Every other month on 2nd Wed. at 6pm at EG Fire station. Agendas / minutes / info here.
HOA
Meets bimonthly. Last meeting was 9/18/24 where the 150 responses to September 2024 Survey were presented and accepted.
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