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HomeMy WebLinkAboutCC RES 25-44Docusign Envelope ID: AE055DBB-5F56-4850-A156-16DE4C41 DA1 E RESOLUTION NO. 25-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AUTHORIZING USE OF THE BOND OPPORTUNITIES FOR LAND DEVELOPMENT PROGRAM AND AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT PROCEEDINGS AND LEVY SPECIAL TAXES WITHIN THE CITY OF TUSTIN PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AS AMENDED; AND AUTHORIZING RELATED ACTIONS The Tustin City Council finds and determines as follows: A. That the California Municipal Finance Authority (the "CMFA") is a joint exercise of powers authority, the members of which include numerous cities, counties and other local agencies in the State of California (the "State"); and B. That the CMFA has established the Bond Opportunities for Land Development Program (the "BOLD Program") to allow the financing of certain public facilities and/or certain Development Impact Fees (DIF) that finance public facilities (together, the "Improvements") levied by local agencies in the State through the levy of special taxes under the Mello -Roos Community Facilities Act of 1982, as amended (the "Act"); and C. That the City of Tustin (the "City") is currently a member of CMFA in good standing, such that only a new City Council Resolution is necessary to authorize participation in the BOLD program; and D. That the CMFA from time to time may be requested by owners of land within the City to utilize the BOLD Program for the financing of Improvements related to new development within the City, which improvements will be financed for acquisition by the City or to finance impact fees payable to the City in connection with new development; and E. That the City desires to allow the owners of property within the City to participate in the BOLD Program ("Participating Developers") and to allow the CMFA to conduct proceedings under the Act to form Community Facilities Districts ("CFDs") from time to time under the Act, to levy special taxes within such CFDs, and to issue bonds secured by such special taxes under the Act to finance the Improvements, provided that such participating developers vote in favor of the levy of such special taxes and bonded indebtedness; and F. That property owners within the jurisdiction of the City may, in the future, elect to be participating developers upon obtaining approval of the CMFA, and the Resolution 25-44 Page 1 of 5 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E CMFA may conduct proceedings under the Act to form CFDs, levy special taxes within such CFDs and issue bonds secured by such special taxes to finance Improvements; and G. That the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFD, the levy or collection of special taxes for any CFD or any required remedial action in the case of delinquencies in any special tax payments, or the issuance, sale or administration of any bonds issued in connection with the BOLD Program; and H. That the City finds that the BOLD program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a joint powers authority of which the City is a member, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the improvements from time to time; and That bonds of BOLD Program CFDs are issued through CMFA, with no involvement of the City needed other than approving the use of the program and, prior to actual issuance of bonds, entering into an agreement to acquire the public facilities or fees to be paid for with the bond proceeds, and CMFA authorizes and issues the bonds in their name and awards their sale to the bond underwriter per the underwriter's credit requirements; and That CMFA's financing team provides the bond documentation and the official statement for the bonds through its bond counsel; and K. That by authorizing use of the BOLD Program in the City, the City will not be liable to repay the bonds issued by CMFA or the special taxes imposed on the participating properties and would have no contractual relationship with bond owners or the bond trustee; and L. That upon issuance of the bonds, proceeds are a funding source for direct payment of impact fees or to otherwise reimburse developer costs for public facilities associated with new development; once the bond issuance occurs, bond proceeds are available to be disbursed pursuant to a joint community facilities agreement and/or acquisition agreement between CMFA and the City for each project, the form of which is subject to approval by City staff, and the bond proceeds are held by a bond trustee or fiscal agent and become available to a participating developer as directed by the City for use on public capital improvements benefitting the City. Resolution 25-44 Page 2of5 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN, AS FOLLOWS: II. The use of the BOLD Program, in connection with the financing of improvements, is hereby authorized and approved. The appropriate officials and staff are hereby authorized and directed to allow BOLD Program participation to be available to property owners who are subject to the payment of fees for new development and/or who are conditioned to install public improvements in connection with new development. III. The City hereby finds and declares that the issuance of bonds by the CMFA, in connection with the BOLD Program, will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City. IV. In connection with the issuance of bonds from time to time by the CMFA for the BOLD Program, a form of acquisition agreement, joint community facilities agreement or similar agreement will be required to be entered into, and the form of such agreement will be subject to approval by the City Manager, the Director of Finance or their respective designees. The City Council finds and declares that entrance into each such agreement will constitute a "joint community facilities agreement" for purposes of the Act and shall be beneficial to residents of the City. Any such agreement may include, directly or by reference, City standards, policies and procedures applicable to the financing of public facilities constructed by developers for acquisition by the City. V. The appropriate officials and staff of the City are hereby authorized and directed to allow and approve BOLD Program participation by requesting property owners that are required to install public improvements and/or the payment of fees in connection with new development in the City, including signing developer applications or other documents evidencing the official intent of the City to reimburse itself in connection with each project from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program, and to advise such owners requesting participation in the BOLD Program that the City has approved the BOLD Program; provided, that the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense. VI. This Resolution shall take effect immediately upon its adoption. The Clerk of the City Council is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CMFA. Resolution 25-44 Page 3 of 5 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 17t" day of June 2025. ATTEST: °S FSigned dby: ffV'i(& a.SVJ a ERI Dff." "AnDA, City Clerk APPROVED AS TO FORM: DOCUS'gned by: ��"" Z-9 DAF3f) I G, City Attorney /msd/ FSigned by: 6o6, tqt swt, Mayor Pro Tern Resolution 25-44 Page 4 of 5 Docusign Envelope ID: AE055DBB-5F56-4850-Al56-16DE4C41 DA1 E STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 25-44 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 17t" day of June, 2025 by the following vote: COUNCILMEMBER AYES: Nielsen, Gallagher, Schnell, Fink (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: Lumbard (1) COUNCILMEMBER RECUSED: (0) DS FSigned by: %V i(a qa -u - ERMDff.'YASODA, City Clerk Resolution 25-44 Page 5 of 5