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HomeMy WebLinkAboutAGENDA REPORT 2018 0117 CCSA REG ITEM 09B ITEM 9.B. rrvop MOORPARK,,CALF® IA City domicil Mewing MOORPARK CITY COUNCIL AcTION: AGENDA REPORT i TO: Honorable City Council FROM: Ron Ahlers, Finance DirectoriZ ).\- DATE: January 9, 2018 (City Council Meeting of January 17, 2018) SUBJECT: Consider Resolution Amending the Statement of Local Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982 BACKGROUND Before the City can initiate the proceedings to establish any Community Facilities District (CFD), it must adopt goals and policies concerning the use of the Mello -Roos Community Facilities Act of 1982 (Land Secured Financing Policy). The City adopted such policy guidelines in February 1997 in connection with the Carlsberg Community Facilities Assessment District. The 1997 Policy did not provide guidelines for residential projects. Therefore, in 2004, the City adopted a new Land Secured Financing Policy which provided guidelines and goals for residential as well as commercial developments. There have been a few changes to the State law that require an amendment to the Land Secured Financing Policy prior to any future CFDs being formed. Two sections are being added to the Land Secured Financing Policy. The first section is titled, "Priorities for CFD Financing" and provides that financing can be provided for any facility or services of the City. The second section is titled, "Exceptions to the Goals and Policies" and grants the City the power to waive any of the policies set forth in the Land Secured Financing Policy. FISCAL IMPACT None. STAFF RECOMMENDATION Adopt Resolution No. 2018- Attachments: Resolution No. 2018- Amending Land Secured Financing Policy 28 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING ITS STATEMENT OF LOCAL GOALS AND POLICIES FOR THE USE OF THE MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, the City Council of the City of Moorpark (the "City") proposes to undertake proceedings pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), to form a community facilities district; and WHEREAS, Section 53312.7(a) of the California Government Code provides that a local agency may initiate proceedings to establish a community facilities district pursuant to the Act only if it has first considered and adopted local goals and policies concerning the use of the Act; and WHEREAS, on July 21, 2004, the City Council previously adopted its Resolution No. 2004-2225 to provide its "City of Moorpark Land Secured Financing Policy for Special .Assessment and Mello-Roos Community Facilities District Financing" (the "Goals and Policies") to establish goals and policies in accordance with the requirements of Government Code Section 53312.7(a), as such law existed on July 21, 2004;and WHEREAS, the City Council desires to amend the Goals and Policies to comply with the requirements of Government Code Section 53312.7(a), as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the Amendment to the Goals and Policies, in the form attached hereto as Exhibit A. SECTION 2. The City Manager is hereby authorized and directed to take any actions and do any things which the City Manager may deem necessary or desirable in order to accomplish the purposes of this Resolution and all such actions previously undertaken by the City Manager are hereby ratified. SECTION 3. This Resolution shall take effect immediately upon its adoption. 29 Resolution No. 2018- Page 2 SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be tiled in the book of original Resolutions. PASSED AND ADOPTED this 17th day of January, 2018 • Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk 30 Resolution No. 2018- Page 3 ATTACHMENT A AMENDMENT TO CITY OF MOORPARK LAND SECURED FINANCING POLICY FOR SPECIAL ASSESSMENT AND MELLO-ROOS COMMUNITY FACILITIES DISTRICT FINANCING I. INTRODUCTION The City has adopted this document (the "Amendment") to amend its "Land Secured Financing Policy for Special Assessment and Mello-Roos Community Facilities.District Financing" (the "Goals and Policies") to set forth its goals and policies for the use of the Mello-Roos Community Facilities Act of 1982 (the "Act") pursuant to Section 53312.7 of the Act. In each and every circumstance, the decision as to whether or not the City will make use of the Act is a decision that will be made solely by the City. Nothing contained herein or in the Goals and Policies shall be construed as obligating the City to make use of the Act in any circumstance or as granting to any person any right to have the City make use of the Act in any circumstance. II. Amendment The Goals and Policies are hereby amended by adding the following Sections. "PRIORITIES FOR CFD FINANCING The eligibility of any facility or services for financing and the priority for financing any facility or services, will be determined on a case by case basis, at the sole discretion of the City. EXCEPTIONS TO THE GOALS AND POLICIES The City may, in its discretion and to the extent permitted by law, waive any of the policies set forth in the Goals and Policies, in particular cases." 31