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HomeMy WebLinkAbout10 MELLO-ROOS ACT 03-01-04 AGENDA REPORT Agenda Item Reviewed: fJl City Manager Finance Director 10 MEETING DATE: March 1, 2004 TO: William A. Huston, City Manager FROM: Ronald A. Nault, Finance Director SUBJECT: City of Tustin Resolution No. 04-28 Adopting Goals and Policies Concerning the Use of the Mello-Roos Community Facilities Act of 1982 SUMMARY: City staff and the City's financial advisors are recommending that Community Facilities Districts, under the Mello-Roos Community Facilities Act of 1982, be created for the Legacy project. The California Government Code requires that goals and policies concerning the use of the Act be adopted by the local agency prior to the formation of a District. Resolution No. 04-28 will address the local goals and policies recommended by staff for Council's consideration and approval. RECOMMENDATION: 1. Adopt Resolution No. 04-28 establishing the City of Tustin Goals and Policies concerning the use of the Mello-Roos Community Facilities Act of 1982. 2. Direct staff to proceed with establishment of Community Facilities Districts on the Tustin Legacy project. FISCAL IMPACT: While it is too early to identify the exact fiscal impact on the resources of the City if a Community Facilities District is not created for the Legacy project, it is evident that the development of the Legacy property may not proceed in a timely manner unless a CFD is created. DISCUSSION: Prior to initiating proceedings for creation of a Community Facilities District, a local agency must adopt goals and policies concerning the use of the Act, including statements concerning the following: (1) the priority that various kinds of public facilities shall have for financing through the use of the Act; (2) the credit quality to be required of bond issues; (3) the steps to be taken to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under the Act; (4) the criteria for evaluating the equity of tax allocation formulas, and concerning desirable and maximum amounts of special tax to be levied against any parcel; and (5) the definitions, standards, and assumptions to be used in appraisals required by the Act. All statements required by the Act have been incorporated into the attached Goals and Policies. The City's Finance Consultant, David Taussig of David Taussig & Associates, and Bond Counsel, Greg Harrington of Orrick, Herrington & Sutcliffe, will be available at the Council meeting to respond to technical questions that may be raised by the City Council. Ronald Attachments (2) RAN: G oa I sAnd P 0 lie; asCo nee rn j n9 Mallo R 00 s C om m u n jty F a cj lit i asAct S ta ffR a port. d oc RESOLUTION NO. 04-28 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING LOCAL GOALS AND POLICIES FOR MELLO-ROOS COMMUNITY FACILITIES DISTRICTS 4 5 WHEREAS, Section 53312.7(a) of the California Government Code provides that a local agency may initiate proceedings to establish a communities facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") only if it has first considered and adopted local goals and policies concerning the use of the Act; and 6 7 8 WHEREAS, the City Council (the "City Council") of the City of Tustin (the "City") has determined that the City may, from time to time, desire to initiate proceedings to establish a community facilities district under the Act; and 9 WHEREAS, the City Council has considered local goals and policies concerning the use of the Act; and 10 11 WHEREAS, there has been presented to this meeting a compilation of such goals and policies entitled the "City of Tustin Mello-Roos Community Facilities Act of 1982 Local Goals and Policies" (the "Goals and Policies"); and 12 13 WHEREAS, the City Council desires to adopt the Goals and Policies as the City's local goals and policies concerning the use of the Act; 14 15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin, California, as follows: 16 17 18 Section 1. The City Council hereby adopts the Goals and Policies as the City's local goals and policies concerning the use of the Act. Section 2. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof. 19 20 21 22 Section 3. This Resolution shall take effect immediately upon its adoption. 23 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 1st day of March, 2004. 24 25 Tony Kawashima, Mayor 26 ATTEST: 27 28 Pamela Stoker, City Clerk 2 3 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) 4 5 6 RESOLUTION NO. 04-28 7 8 9 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that. the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the 1st day of March, 2004 by the following vote: 10 11 12 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: 13 14 15 16 17 18 Pamela Stoker City Clerk 19 20 21 22 23 24 25 26 27 28 RES: Resol utionO4-2 8 Goa I sAn d Po Ilcies F orU seOIMe 110 RoosC F D. doc 2 CITY OF TUSTIN MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 LOCAL GOALS AND POLICIES INTRODUCTION Section 53312.7(a) of the California Government Code provides that a local agency may initiate proceedings to establish a communities facilities district (a "Community Facilities District") pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") only if it has first considered and adopted local goals and policies concerning the use of the Act. The following goals and policies have been considered and adopted by the City of Tustin (the "City") and are intended to meet the requirements of the Act. PRIORITIES FOR FINANCING The priority that various kinds of public facilities and services will have for financing through the City's use ofthe Act is as follows: (a) backbone infrastructure required to serve proposed development; (b) other public facilities (excluding in-tract infrastructure) to be owned and/or operated by the City for which there is a clearly demonstrated public benefit; and (c) services authorized to be financed pursuant to the Act. In-tract infrastructure will not be financed through the City's use of the Act. Public facilities to be owned and/or operated by a public agency other than the City, including such public facilities financed in lieu of the payment of development fees imposed by such public agency, will be considered on a case-by-case basis. BOND ISSUE CREDIT QUALITY REQUIREMENTS Statutory Requirements. The City will require that the credit quality of any Community Facilities District bond issue be such that the requirements of Section 53345.8 of the Government Code will be met. Reserve Fund. In order to enhance the credit quality of Community Facilities District bond issues, the City generally will require that each such bond issue be secured by a reserve fund. Generally, each such reserve fund will be required to be funded (with cash or an acceptable reserve surety or other credit facility) in an amount no less than the least of (a) 10% of the initial principal amount of the bonds of such issue, (b) maximum annual debt service on the bonds of such issue, or (c) 125% of the average annual debt service on the bonds of such issue. Any reserve surety or other credit facility funding such a reserve fund will generally be required to be issued or guaranteed by an DOCSLA 1 :464790.4 5-5GHI entity, the 10ng term unsecured obligations of which are rated at least "A" by Moody's Investors Service or Standard & Poor's Ratings Service. Credit Enhancement. The City may require credit enhancement to increase the credit quality of a Community Facilities District bond issue, particularly where the value-to-lien ratio of a significant portion of the property in such Community Facilities District is less than three-to-one or, in the case of commercial property, where a substantial arnount of such property is undeveloped or has a value-to-lien ratio of less than four-to-one. Such credit enhancement will usually be the form of an irrevocable letter of credit, will be required to be in an amount not less than two times the amount of annual special taxes levied on such undeveloped property and will be required to remain in effect until such property is developed or the value thereof has otherwise been sufficiently increased. Such letter of credit will generally be required to be issued or guaranteed by an entity, the long term unsecured obligations of which are rated at least "A" by Moody's Investors Service or Standard & Poor's Ratings Service. Capitalized Interest. The amount of capitalized interest funded for an issue of Community Facilities District bonds may not exceed any maximum specified in the Act. Bond Structure. The term to maturity of any Community Facilities District bonds shall not exceed the maximum term specified in the Act. Generally, Community Facilities District bonds shall be structured such that, once principal amortization thereof has commenced, debt service thereon will be substantially level. However, the City may, in its discretion, on a case-by-case basis, allow such bonds to be structured such that debt service thereon escalates by no more than 2% per bond year. DISCLOSURE TO PROSPECTIVE PROPERTY PURCHASERS In order to ensure that prospective property purchasers are fully informed about their taxpaying obligations imposed under the Act, the City will require that the requirements of disclosure to prospective property purchasers contained in the Act, including, but not limited to, Sections 53328.3, 53328.5 (including the referenced sections of the California Streets and Highways Code), 53340.2 and 53341.5 ofthe Government Code, be met. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Reasonable Basis of Apportionment. Special taxes must be allocated and apportioned on a reasonable basis to all categories and classes of property (other than exempt property) within the Community Facilities District. Exemptions from the special tax may be given to parcels which are publicly-owned, are held by property owners associations, are used for a public purpose such as open space or wetlands or are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easement. Total Tax Burden. The total tax burden (consisting of the anticipated maximum annual Community Facilities District special tax, together with ad valorem property taxes, special assessments, special taxes for any overlapping community facilities district, and any other taxes, fees and charges payable from and secured by the property) on any parcel in a Community Facilities DOCSLA I :464790.4 5-5GHI 2 District on which a for-sale residential unit has been, is being or is to be constructed shall not exceed 2% of the estimated base sales price of such parcel upon completion of the public and private improvements relating thereto. Rate and Method of Apportionment. The rate and method of apportionment for Community Facilities District special taxes must be structured so as to produce special tax revenues sufficient to pay (a) debt service on all Community Facilities District bonds, and (b) reasonable and necessary annual administrative expenses of the Community Facilities District. Additionally, the rate and . method of apportionment may be structured so as to produce amounts sufficient to fund (a) any amounts required to establish or replenish any reserve fund established for a Community Facilities District bond issue, (b) amounts to pay directly the costs of public facilities authorized to be financed by the Community Facilities District, (c) amounts to pay the costs of services authorized to be financed by the Community Facilities District, (d) the accumulation of funds reasonably required for future debt service on Community Facilities District bonds, (e) amounts equal to projected delinquencies in special tax payments, (f) remarketing, credit enhancement or liquidity fees, and (g) any other costs or payments permitted by law. In any case, the Community Facilities District special tax rate and method of apportionment must be structured such that the projected maximum special tax that could be levied in any fiscal year would produce special tax revenues at least equal to (a) 110% of projected annual debt service on all Community Facilities District bonds for the calendar year commencing in such fiscal year, plus (b) projected administrative expenses of the Community Facilities District for the calendar year commencing in such fiscal year. Generally, the rate and method of apportionment for Community Facilities District special taxes will be required to include a back-up tax so that changes in development within the Community Facilities District would not result in the inability to levy special taxes that would produce special tax revenues in such amounts. Increases in Special Tax. Generally, the maxirnum special tax levied to finance public facilities for any parcel within a Community Facilities District for which a building permit for the construction of a for-sale residential unit has been issued shall not escalate. However, the City may, in its discretion, on a case-by-case basis, allow such maximum special tax to escalate annually in an amount not exceeding any maximum specified in the Act. The annual increase, if any, in the maximum special tax levied to finance public facilities for any other parcel within a Community Facilities District, and the annual increase, if any, in the maximum special tax levied to finance services for any parcel within a Community Facilities District may not exceed any rnaximum specified in the Act. The increase in the special tax levied on any parcel within a Community Facilities District as a consequence of delinquency or default by the owner on any other parcel may not exceed any maximum specified in the Act. Prepayment of Special Tax. Generally, the special tax rate and method of apportionment for a Community Facilities District will be structured so as to allow the prepayment of special taxes by property owners. DOCSLA I :464790.4 5-5 GHI 3 APPRAISALS Except as provided below, the definitions, standards and assumptions to be used in appraisals required in connection with the City's use of the Act for Community Facilities Districts are as set forth in the Appraisal Standards for Land Secured Financings published by the California Debt and Investment Advisory Commission and dated May 1994 (the "CDIAC Guidelines"), with the following modifications: (a) (b) available; the independent review appraiser is an option, and not a requirement; the comparable sales method may be used whenever there is sufficient data (c) the appraiser should assume the presence of the public infrastructure to be financed with the bonds in connection with which the appraisal is being prepared; and (d) the special tax lien need not be computed as the present value of the future tax payments ifthere is a prepayment mechanisrn or other appropriate measure. Notwithstanding the foregoing, if there is a conflict between the definitions, standards or assumptions in the CDIAC Guidelines and the corresponding definitions, standards or assumptions in the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation ("USP AP"), USP AP shall govern. DISCLOSURE FOR BOND ISSUES Initial Disclosure. Each owner of property within a Community Facilities District that has not reached its planned development stage and that will be responsible for a substantial portion (as determined by the City) of annual debt service on an issue of Community Facilities District bonds will be required to provide for inclusion in the official statement or other offering materials distributed in connection with the offering and sale of such bonds such information as may be required for the City to comply with, satisfy any requirernents of, or avoid any liability under, any applicable federal or state securities laws. Continuing Disclosure. Each owner of property within a Community Facilities District, and each subsequent owner of property therein, that has not reached its planned development stage and that will be responsible for a substantial portion (as determined by the City) of annual debt service on an issue of Community Facilities District bonds will be required to provide such information, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the requirernents imposed on it pursuant to Rule 15c2-12 promulgated under the Securities Exchange Act of 1934. DEPOSITS The costs of the proceedings for a Community Facilities District financing initiated by petition of landowners will be borne by the petitioners. No action will be taken on any petition unless and until a deposit of funds is made by the petitioners with the City. The deposit must be sufficient to cover the expense of City member staff time, the costs of non-contingent outside DOCSLA 1 :464790.4 5-5GHI 4 consultants retained for the financing and the costs of recordings, filings, duplication, rnailings and deliveries. In general, the deposit will not be less than $25,000, and may be more, as required by the City. The deposit must be increased upon demand of the City if at any time the City determines that the remaining amount is not sufficient to cover anticipated remaining expenses and costs. If the additional amount is not paid within ten business days of the rnailing of a written demand by the City to the petitioners, the City will cease all activities with respect to the Community Facilities District financing until the additional amount is paid. The initial deposit and any additional amounts will be held by the City and used only for the expenses and costs incurred in connection with the Community Facilities District proceedings. Any balance of such deposit remaining upon completion of the Community Facilities District proceedings, or the abandonment thereof, and not needed to pay expenses and costs relating thereto will be returned to the petitioner. The use of the deposit shall in no way be construed as requiring the City to issue Community Facilities District bonds or to provide reimbursement from the proceeds thereof for portions of the deposit that are expended. If bonds are issued by a Community Facilities District, the petitioners will be reimbursed from bond proceeds for the portion of such deposit that has been expended or encumbered. CONSULTANTS The City will select all consultants to be retained by the City for a Community Facilities District financing, including, but not lirnited to, the financial advisor, special tax consultant, bond counsel, disclosure counsel, underwriter, market absorption analyst, appraiser and trustee. Providers of letters of credit, bond insurance policies, surety bonds or other credit enhancements are also subject to City approval. Consultants, including legal counsel, to the applicant or any financing team member other than the City will be selected, retained and paid by the applicant or such member; such consultants will not be paid from the proceeds of the financing. MINIMUM STANDARDS; WAIVERS AND AMENDMENT The policies set forth herein reflect the minimum standards under which the City will make use of the Act to finance public facilities. The City may, in its discretion, require additional measures and procedures, enhanced security and higher standards in particular cases. The City may, in its discretion and to the extent permitted by law, waive any of the policies set forth herein in particular cases. The goals and policies set forth herein rnay be amended at any time and from time to time by the City. DOCSLAl:464790.4 5-5GHI 5